W
197
200
211-
भ
He
DEI
ME MOR
GRATTS AMICIS
Sir Edmund Antrobus,
!
878
Qi
798
V.l
ARTES
1817
SCIENTIA
VERITAS
LIBRARY
OF THE
UNIVERSITY OF MICHIGAN
TUEROR
SI QUÆRIS PENINSULAM-AMŒENAM
CIRCUMSPICE
YA
M. FABIUS QUINCTILIANUS
HIS
INSTITUTES
OF
ELOQUENCE:
OR,
The AR T of SPEAKING in Public,
in every Character and Capacity.
Tranflated into English, after the beſt Latin
Editions,
With NOTES, CRITICAL and EXPLANATORY,
By WILLIAM GUTHRIE, Eſq;
Quot OFFICIA Oratoris, tot funt GENERA dicendi.
In Two VOLUMES.
VOL. I.
LONDON:
Cicero.-
Printed for T. WALLER, oppofite Fetter-lane, Fleet-ftreet.
MDCCLVI.
采​染​染​染
​染​染 ​染​染​與 ​A B ☆ ☆ M R S S R K
Beck
?
9-14-42
45942
THE
PREFACE,
With fome Account of the
LIFE and CHARACTER
OF
QUINCTILIAN
E
VER fince I tranflated Cice-
ro's Conferences de Oratore,
I have been furprized that
no complete Syftem of Eng-
lih Eloquence has been yet
compoſed for the Ufe of
thoſe who have Occafion to
ſpeak in Public; and, after long Confideration,
I could find no Plan fo unexceptionable, or
effectual for that Purpoſe, as a Tranflation of
Quinctilian.
Cicero's Pieces upon Eloquence are calcu-
lated for the Ufe of profeffed Orators. He is
alike finiſhed in all he advances; he preferves
a wonderful Propriety in his Characters, and
Perfpicuity in his Precepts; he ftrikes us with
Admiration; he fills us with Delight. We
fee the great Orator in every Period; and
we never rife from him without fecret Emu-
A &
lation,
iv
PREFACE.
lation, and confeft Improvement, which, of all
Authors, he knows beft to inſpire and com-
municate.
But, in Eloquence, as in other fine Arts,
a great Compofition may affect us ftrongly
and agreeably; yet, before we can compoſe the
like ourfelves, we muft ftudy the Principles,
as well as feel the Effects, of the Art. We
are pleaſed in hearing a fine Piece of Mufic,
but no Man can compofe it without knowing
the Grounds of Harmony, and the Properties
of Sounds.
Were a Maſter in Painting to exhibit a
finish'd Picture, and, for the Information of
the World, publiſh Differtations vindicating the
Difpofition, the Colouring and Characters, of his
Piece; all this may give us Pleaſure, nay Con-
viction, with Regard to his Merits; but the
Pupil who intends to be a Painter, will not
begin with ſtudying fuch Differtations. He
will apply to the Drawing-Book, to Perfpec-
tive, to the Doctrine of Lights and Shadows,
and a thouſand other Minuteneffes, before he
can hope to fucceed in executing the like
himſelf.
Cicero's moſt finiſhed Pieces upon Eloquence
are no other than fine Differtations upon his
own Performances. Quinctilian receives his fu-.
ture Orator from the Hands of the Nurſe. He
conducts him, through every Stage of Educa-
tion, to the Head of his Profeffion, and, from
thence, to a dignified Retirement from Bufi-
nefs. But he executes his great Plan, from its
Foundation to its Superftructure, with more Skill
and Addreſs than perhaps any Writer ever dif-
covered
PREFACE.
V
covered in any Art. His Precepts are fo ma-
ny Extracts of all that is valuable in the Au-
thors who have wrote upon Eloquence, di-
gefted in fo clear and regular an Order, that
the moſt inexperienced ſcarcely need any other
Guide to Eloquence.
But this is not the moft admirable Part of
my Author's Character. Of all Writers that
ever lived, we have Reaſon to believe he had
the trueft Taſte of the fine Arts; though he
made them all fubfervient to that of Eloquence.
He faw all of them were founded but upon one
Principle, that of NATURE, and he is always
in his Eye. Without her, he confiders all Pre-
cepts as fo many Syftems of Jargon, and his
profeffed Purpoſe in the following Work is to
reftore her to the Empire of the human Mind.
But here it is neceffary I fhould deduce the
State of Learning amongst the Romans to Quinc-
tilian's Times, that we, thereby, may be enabled
to judge of the Motives that induced him to at-
tempt fo arduous an Undertaking, as that of
reviving true Taſte among his Countrymen.
The Age of Cicero produced an uncommon
Affemblage of fine Speakers. Rome, before that
Age, had Orators, all of them diſtinguiſhed in
their feveral-Times and Manners; but their Luf-
tre was inconfiderable, compared to that Blaze
of Eloquence, which broke out in the Days of
Cicero. That great Man gave Eloquence the
higheſt Perfection fhe has received to this
Time; and, tho', perpaps, he might have been
excelled by fome of his Cotemporaries in cer-
tain Characters, yet he never was equalled upon
the WHOLE.
A 3
His
vi
PREFACE.
His Manner, however, fell into Difcredit,
if not before his Death, yet, foon after. Some
great Authors, with Salluft at their Head, ftruck
into another Stile of Writing. They thought
that of Cicero was too diffufed, too florid, and
too weak, if I may uſe the Expreffion, to do
Execution upon the Mind. They had ftudied
the Greeks to infinite Advantage; they availed
themſelves of the high Character which De-
mofthenes and Thucydides, and other great Writers
had acquired in Eloquence, Hiſtory, and Phi-
lofophy; and adopted their Manner, though we
cannot fay, in Oppofition to that of Cicero.
ners.
This could have done no Prejudice to Learn-
ing had it been purfued by none but Men of
great Abilities. For Compofition of all Kinds
may be equally well executed in feveral Man-
Even Cicero himſelf, in many Paffages of
his Works, fhows, that it was in his Power to
have wrote like a Demofthenes, a Thucydides, or
a Salluft, and, had he lived to have read Paterculus
and Tacitus, he would have been amongſt the
firft, to do Juftice to their Merit. Different
Manners of Writing make no Difference
amongſt great Writers, though they do amongſt
little ones.
But political Caufes contributed ſtrongly to-
wards debauching true Tafte among the Ro-
mans. Under Auguftus, it became fashionable to
difcredit the Works and Manner of Cicero.
Even Virgil has, without any Referve, given
up the Province of Eloquence to the Greeks;
nor do I remember that Cicero is once menti-
oned in all the Works of Horace, though he
had many Opportunities of introducing him with
great
PREFACE.
great Advantage both to himſelf and the Orator.
But theſe are only negative Proofs of Diſlike.
Quinctilian tells us, that the two Afinii Polliones,
Father and Son, Orators of diſtinguiſhed Me-
rit under Auguftus, attacked Cicero's Abilities,
even as an Orator, with Acrimony; and we
learn farther, that the younger Pollio wrote a
Book to prove his Father to be a better Orator
than Cicero.
But I am apt to think, that the great Source
of a corrupted Stile lay in the Court of Au-
guftus. He himſelf affected to be a Writer
both in Profe and Verfe, though, from what
we can obferve, he was but an indifferent Per-
former in both. It is true, only a very few
Scraps of his Writing have come to our Hands;
but it is reaſonable to prefume, that had his
Compofitions been excellent in their Kind,
they would have defcended to Pofterity; ef-
pecially confidering the very great Pains he
beſtowed upon them. Thus much, however,
we learn from Suetonius, that he was a profeffed
Enemy to all Ornaments of Diction; and, if
fo, we cannot fuppofe him to have been any
great Admirer of Cicero's Eloquence. But Sue-
tonius, who appears to have feen his Works in his
own Hand-writing, goes farther; for he tells
us that he introduced feveral Improprieties, (and
Improprieties they certainly are, if we regard
Cicero as a Standard) into the Latin Tongue,
and he gives us feveral very whimſical Parti-
culars, which looks as if that great Man's Am-
bition had been to introduce a new Language.
The Teftimonies, however, we have of the
bad Tafte of Mecanas his Favorite, and the
A 4
great
VIII
PREFACE.
great Patron of Wit, are more full and expli-
cit. This Minifter's Affectation of Style was
ridiculed even by Auguftus himſelf, and Quinc-
tilian has, with proper Marks of Reprobation,
tranfmitted a Scrap of his Diction, which,
though very ſhort, has ftriking Characters of
vicious, Anti-ciceronian, Compofition. But, after
all, I can ſcarcely be perfuaded that Mecanas
was really fo abfurd in his Taſte of Writing.
He had great Managements to obferve with
Auguftus, who feems to have been very ferious
in his Project of new moulding the Latin,
and his Minifter, poffibly, thought it beſt to
give him no Trouble on that Head; nay, to
carry his Complaifance even to a Pitch of Ri-
dicule.
It is no Wonder if the other Romans followed
thoſe two great Examples, and that the Latin
Language feemed ready to undergo a total Al-
teration. Unhappily for Learning, all the Mon-
fters, down to Galba, who fucceeded Auguftus
in the Roman Empire, affected the Character
of Writers, and every Man who dared to de-
viate from their Manner, expofed himſelf to
certain Deftruction. This, joined to the Fear
which the Romans were under, of ſpeaking their
Minds in plain Language, rendered the Latin
no better than a Medley of allegorical, ænigma-
tical, Expreffions, intermingled with ftrained
Figures and unnatural Metaphors. The Evil
was encreaſed by the vaft Swarms of needy
Greeks, who reforted to Rome, where they
profeffed Rhetoric, and took Pains to decry
Cicero. Thefe Fellows were greatly encouraged
by the Romans, who, at this Time, affected
what-
PREFACE.
ix
whatever was Greek; they fet up a Trade of
teaching, and the Latin Rhetoricians who were
no better than their Journeymen, imitated them
in all their Abfurdities.
Perhaps, no People ever had fo great a Paf-
fion for Eloquence as the Romans had during
the Time of their Republic. It was then the high
Road to all Preferment; and when the Liberties
of their Country were fuppreffed, the Forms
of their Government ftill remained. Thefe
Forms could not fail to put them in mind of
the glorious Times of their Republic, wherein
Eloquence bore a decifive Sway; when their
beſt Speakers were employed in the double Du-
ty of extending the Empire, and afferting the
Freedom of their Country. The Romans, tho
Slaves under their Emperors, ftill had the Fo-
rum to refort to; even the Senate preferved her
Appearances of Power; their Confuls ftill dif-
played all the exteriour Pomp of Office, and,
not to mention the Inftitution of many new
Courts of Juftice, the Edicts of the Prætor
ftill continued to be their Rules of Equity.
It is no Wonder, then, if the Romans, under
their Emperor, ftill retained a ſtrong Paffion
for Eloquence. But its Spirit was gone. The
Succeffors of Cafar could not bear with the
Succeffors of Cicero. Being Tyrants themſelves
they encouraged Ufurpers. His Sceptre dwin-
dled into a Ferula, and his Throne was cut out
into fo many pitiful Defks, from whence the
intruding Profeffors of Rhetoric, railed againſt
the lawful Monarch of Eloquence. Their Bu-
finefs was not like his, to awaken the Mind to
Sentiments of Virtue, and Ideas of Liberty, to
raife,
PREFACE:
raiſe, direct, and impel the great Movements
of the Soul, to roufe the strong, and to inſpire
the tender Paffions; to fit the Rules of Elo-
quence to the Arts of Government, and to
make the Beauties of Language, the Force of
Philoſophy, and the Fruits of Experience, fub-
fervient to the Syftem of focial Happiness. No;
the genuine Charms of Eloquence would have
awakened Mankind to Virtue; her Force muft
have impelled them to Glory; and the true
Thunder of the Forum muſt have fhaken, the
Pillars of Tyranny.
It was the Intereft, therefore, of Tyrants
to debilitate and cripple every Species of Elo-
quence. They fcarcely had any other Safety. The
Care of Words, fucceeded to that of Things;
real Beauty was ftifled under falfe Ornament,
and pretty Thoughts filled the Room of noble
Sentiments. Even Satyr (witneſs Petronius, Per-
fius and others) concealed her Maſque under à
Vizard; for Unintelligibility became a Character
of Wit; and History only hinted at the Faults
fhe was afraid of publishing.
During ſuch a State of the Public, the Bu-
finefs of Rhetoric was to teach Men not how
to express, but how to conceal their Thoughts.
When fome flaviſh Compliment was made to
Power, the Wretch who made it not being.
accuſtomed to a liberal Practice of Eloquence,
run, at beſt, into a curious Diction, befpangled
with Points, cut out into Sentences, with the
Fetters of Poetry without the Freedom of Sen-
timent. Nicknames, Diminutives, Abbreviations,
Elongations, and every Species of what we may
call the infantine Diction, which feems to have
had
PREFACE.
ix
had fome Encouragement from Auguftus him-
felf, was now, in a Manner, incorporated with
the Latin Language. The amiable Simplicity
of Style was confider'd as an infallible Mark of
Dullness; and Nature not only was abandon'd
but defpis'd.
All theſe were Confequences of that
Manner of teaching which Quinctilian under-
took to reform. The Rhetoricians, by whom
I mean the Schoolmafters who taught Rheto-
ric for Fees, knew nothing, either of Law or
Philofophy; their Education, like their Birth,
was generally mean, and they had few Oppor-
tunities of knowing any, but the loweſt," Part
of Life. Hence it was, that, never being ad-
mitted to the Practice of the Bar or the Forum,
they contriv'd imaginary Subjects, in Imitation
of real Caufes, which they prefcrib'd to their
Pupils to ſpeak upon, pro & contra, as if they
had been at the Bar, where they were one Day
to practiſe.
This Method which is, recommended by the
Practice of Cicero himfelf, is far from being
either abfurd or improper, when kept within
due Bounds. But the Schoolmafters I have
mention'd, inſtead of chufing their Subjects
from thofe common Occurrences and Incidents
of Life, that generally produce Proſecutions
and Law-fuits, form'd ideal Syſtems of Govern-
ment to themſelves; and either invented chi-
merical Laws, or adopted the moſt whimſical
Laws of Antiquity or remote Countries, for the
Bafis of their Reafonings. The Oddity of the
Subject created an Oddity of Diction, which de-
viated from every received Mode of fpeaking.
Ideas
Xii
PREFA C E.
Ideas from Objects that naturally prefented
themſelves, were difcarded, to make room for
thofe, if I may fo fpeak, that were prefs'd into
the Service of this motly Declamation, which
the farther it deviated from Common Senſe was
the better received.
To crown the Evils that arofe to Erudition
from fuch a Complication of Abfurdities, Se-
neca, that Parodox of Learning, appear'd when
they were at their Height. He had a bad Heart
and a falſe Taſte; but he difguis'd the one, by
a ſeeming Enthuſiaſm for Virtue, and recom-
mended the other by an unbounded Profufion
of Wit: His high Station, his great Influence,
his immenſe Riches, and extenfive Learning,
render'd him a Dictator both in Philoſophy and
Eloquence; and his miſtaken Ambition led him
to make a moft unmerciful Ufe of his Power.
He was a profefs'd Enemy to Cicero, and to the
Practice of fuftain'd Eloquence; for he thought
it not enough to be fentimental, unlefs he was
fententious likewife. His good Things, fometimes,
elbow themſelves into his Writings; his
Points often become troubleſome by their inju-
dicious Intrufions; they are too dazzling to be
pleafing, and too quick to be permanent. His
Compofition is not like that of Cicero, and other
great Authors of Antiquity; a Compofition
where Light and Shade, Strength and Gentle-
nefs, the Gay, the Grave, the Majeftic, and
the Lowly, tho' fweetly blended, and dying,
as it were, into one another, have each its full
Effect, and are all difpos'd to the beft Advan-
tage: His Colours, indeed, are bright, but in-
ftead of being laid, they are frequently fluck;
upon
PREFACE.
Xin
upon his Pieces; and tho' in his Drawing we fee
an Affemblage of many valuable detach'd Figures,
yet the Piece is difagreeable upon the whole.
The Evils which this Manner introduced into
writing, would eaſily have been remediable had
they been confin'd to Seneca's own Works. Po-
ſterity would then have confider'd him as aUnique
of his Kind, and, even at prefent, he is a Sort
of a Storehouſe, to which our moral Writers,
both in Profe and Verfe, are greatly indebted.
But, in his own Life-time, he fet up for a Stan-
dard of Writing; it was the Faſhion to conform
to his Manner; he would not fuffer his (a) im-
perial Pupil even to read the Works of the old
Orators, and his Authority became more perni-
cious than his Example. Every Writer, every
Declaimer, without one Grain of Wit or Learn-
ing ftruck into Seneca's Manner, and excell'd
him in the greateſt of his Faults, tho' they
could not copy him in the meaneft of his Beau-
ties. Some, it is true, made a noble Stand
againſt this Depravity of Tafte. The three
Emperors who fucceeded Nero, had no Leiſure
to influence Eloquence; and Vefpafian and Ti-
tus feem to have had no Inclination; and thus
the Majority prevailing, the Depravity, not only
of Eloquence, but of all written Compofitions,
gain'd Ground, and feem'd to be upon the Point
of extinguishing true Tafte.
Such was the State of Learning, when Quin-
Etilian laid his mighty Plan for its Reformation.
But before I come to confider his Character,
and to draw the Compariſon between him, and
my other great Original, Cicero, I muſt intro-
* See Suetonius in Nerone, cap. 52.
duce
Xiv
PREFACE.
duce my Reader to fome Acquaintance with his
Perfon and Station in Life; and, in order to
do this, I fhall avoid all Difplay of Learning,
in which there can be no great Merit, becaufe
the moſt valuable Particulars of our Informa-
tion are drawn from his own Works. I ſhall,
therefore, lay before my Reader a naked Detail
of what I learn or conjecture.
To me, it is extremely probable, that more
Orators in Rome than one, were called Quincti-
lian: Some modern Writers, upon the Credit
of St. Jerom and Aufonius, and other doubtful
Authorities, ſeem to take it for granted, that
Quinctilian was a Spaniard, and born in the Town
Calahorra, from whence he was brought to Rome
by Galba, about the Year of Christ 69. But all this,
I think, is either a Miſtake, or muſt be meant of
fome other Quinctilian than our Author. My Rea-
fons are as follow: Quinctilian again and again tells
us, that, when he was very young, he had heard
the great Orator Domitius Afer plead; now, there
is nothing more certain than it is from Tacitus,
that this Domitius Afer died ten Years before
Galba came from Spain to Rome, viz. in the
Year of Chrift 59. Mr. Dodwell, who wrote
the Annals of our Author, is of Opinion, that
he practis'd at the Bar for fome time in Spain;
becauſe, fays he, he mentions feveral Things
that happened at Rome in his Youth, but does
not ſpeak of any Incident there for eight Years
after. This Argument, I think, is extremely
inconclufive, nor is the Fact unquestionable, be-
'cauſe he mentions, both in general and particu-
lar, a great many Characters and Incidents that
happened at Rome, thro' feveral Parts of his
Life,
PREFAC E.
XV
Life; and why may we not ſuppoſe that ſome
of them fell out in thofe eight Years which
Mr. Dodwell cannot account for? I fhall beg
leave, however, to make one Obfervation, be-
cauſe I think it has not been made before. When
our Author mentions Domitius Afer in the 7th
Chapter of his Vth Book, he calls himſelf an
Adolefcentulus, a very young Man, and fpeaks of
the other as being a Teacher of Eloquence, and
a Man in the full Practice of his Bufinefs, and
Exerciſe of his Reafon. In the 1ft Chapter of
his Xth Book, he mentions himſelf, not as be-
ing an Adolefcentulus, but as a full Judge of
Afer's Manner and Merit at the Bar. In his
laft Chapter he ſpeaks of the fame Domitius, as
having outliv'd his Abilities, becauſe he was
valde fenex, very old. Now, as thoſe three Pe-
riods of Afer's Life muft fall within the Year
of Chrift 59, I am ftrongly inclin'd to think,
that our Author was born before the Year of
Chrift 37, which is two Years fooner than any
Writer has yet fix'd his Birth, excepting the Abbe
Gedoyn; who makes him, at the Time of Afer's
Death, about 22 Years of Age. But, fuppof-
ing that to be the Cafe, he had but fix Years in
which he could judge of Afer as an excellent
Teacher, an accompliſh'd Orator, and a drivel-
ling old Man; this I think, is too fhort a
Time; and, therefore I fhould be inclinable
to fet the Time of our Author's Birth, at leaſt,
two Years farther back.
Be that as it well, all Probabilities are againſt
his being a Spaniard by Birth. The above Ob-
ſervation entirely difarranges Mr. Dodwell's
whole Chronology of our. Author's Life, and
indeed
xvi
PREFACE.
indeed it is not eafy to conceive how fo learned a
Man could be fo inaccurate as he is on this Head.
For, after a great Profufion of Learning upon
the Words Puer, Adolefcens, Juvenis, and the
like, he ſays, "that, as Domitius Afer died in
"the Year of Chrift 42, he had gain'd a great
<<
Point, for that proves, fays he, that Quincti-
"lian could not have been born before the
"Year of Chrift 43, nor after the Year 45;
"for, continues he, if he had been born be-
"fore the Year 42, he muſt at leaſt have been
<<
17 Years of Age, and therefore could not
"have term'd himſelf an Adolefcentulus, a very
young Man, when Afer died." But, it unfor-
tunately happens, that he is fo far from calling
himſelf an Adolefcentulus at that Time, that he
does not mention a fingle Word of his own Time
of Life. But the Reader may confult the
Paffage.
Before I leave this Subject, however, I muft
take Notice of another, and a ftill more egre-
gious, Miftake of Mr. Dodwell; for he ſuppoſes
that when Domitius died, our Author was at his
School; and that Afer was at that Time a Teach-
er of Rhetoric; than all which nothing can be
more contrary to our Author's exprefs Words,
who mentions Afer as a Pleader at the Bar, cum
egiffet, (a Term that is never apply'd, but to
Pleading at the Bar, and very different from
Declamation) and by his Doatings giving his
Opponents Opportunities to laugh at him. Add
to this, that Tacitus mentions Afer as a Pleader
at the Bar, and the Profecutor of Claudia Pul-
chra. I fhall not detain my Reader longer up-
on this Speculation, only I muft obferve, that
our
}
xvii
PREFACE.
our Author mentions his Father, as being a Ro-
man, and that if he himſelf was a Spaniard, it
is very extraordinary, he ſhould be fo ignorant
of his own Tongue, as not to be certain of the
Meaning of the Word (b) Gurdus, tho' he owns
it is Spanish. There is, likewife, fomewhat pretty
unaccountable, if Quintilian was a Native of
Spain, that Martial, who undoubtedly was fo,
in the Epigrams he addrefs'd to him, fhould
not claim him as his Countryman. Inftead of
that he fays,
GLORIA ROMANÆ, QUINCTILIANE, TOGÆ.
But the strongest Argument for our Author
being a Roman by Birth, may, I think, be
drawn from his own Writings, in which, he
always mentions himſelf as a Roman, and dif-
covers fuch a Knowledge of the Laws and Con-
fiitutions of Rome, that we can fcarcely doubt
of his being a Native of Italy; not to mention
his Latin Style, in which, perhaps, he never
was outdone in the concifc Manner. The old.
Author of his Life too,. prefix'd to his Works,
expreſsly fays, that he was born at Rome.
Our Author was an illuftrious Example, that
great Merit and great Parts can enoble any Pro-
feffion. Nothing could be more defpicable,
when he firſt appear'd upon the Stage of Life,
in the Eyes of Men of Senfe, than the Pro-
feffion of Rhetoric, yet he brought it to fuch
Dignity, as to keep himself facred even from
the Rage of Juvenal. That great Satyrift men-
(b) This Paffage is not tranflated, becauſe it relates entire-
ly to the Latin Idiom.
b
tions
xviii
PREFA CÈ.
tions him feveral Times, but ftill as if the Name
of Quinctil:an was but another Term for Learn-
ing and Eloquence. In his 6th Satyr, fpeaking
of the inordinate Affections of Women, he
fays,
Hifpulla tragado
Gaudet: an expectas, ut Quintilianus ametur?
"If fair Hifpulla loves a Player's Face,
"She must diflike Quintilian's manly Grace.
In the fame Satyr he diftinguiſhes our Author
as the great Standard of fpeaking.
Sed jacet in fervi complexibus, aut equitis: dic,
Dic aliquem, fodes, dic, Quintiliane, colorem.
Caught in a Slave's Embrace-can ſuch a
Wrong
st
"Be colour'd o'er e'en by Quinctilian's Tongue?
In his 7th Satyr, when he ſpeaks of the mad
Extravagancy of the Age, he fays,
Hos inter fumptus feftertia Quinctiliano
Ut multum, duo fufficient: res nulla minoris
Conftabit patri, quam filius, unde igitur tot
Quinctilianus habet faltus? exemplo novorum
Fatorum tranfi Felix & pulcer & acer,
Felix, & fapiens, & nobilis, & generofus
Appofitam migre Lunam fubtexit aluta
Felix, orator quoque maximus, & jaculator :
Et fi perfixit, cantat bene, diftat enim, quæ
Sidera te excipiant modo primos incipientem
Edere vagitus, & adbuc a matre rubentem.
Si fortuna volet, fies de rhetore conful,
Si volet hæc eadem, fies de confule rhetor.
Quinctilian's Fee, perhaps, is eighteen Pence,
So cheap the Purchaſe is of Wit and Senſe.
I
"Whence
PREFACE.
xix
C
"Whence did Quinctilian then become fo great?
"Such Fees could never raiſe his vaft Eſtate.
"Where one ſucceeds, Scores periſh by theWay.
"Is great Quinctilian handfome, wife, and gay?
High in his Fame, and happy in his Race;
"His Habit, if the Conful's Badges grace;
"If quick in Wit, in Learning, if profound,
"If ev'n his Hoarſeneſs, charms us with its Sound,
Know, that the Difference in his Planet lies;
""Tis that which made him noble, rich, and wife:
"'Tis that which marks the future Infant's Fate,
"And brings a Rhetor to command the State:
Or fhould it fhine with Afpect more fevere,
"Can turn a Conful's to a Rhetor's Chair.
xc
Juvenal was not an Author who fpar'd what
he could, or durft, attack. Had not the Merit
of Quinctilian, who I do not remember to have
once mention'd him in his Works, been greatly
fuperior to his Rage, he muſt have felt it.
Upon the whole, therefore, it ſeems to be
certain, that our Author not only enjoy'd a high
Pitch of Reputation, but had a great Eftate at
Rome. It is true, a Letter is extant in Pliny's
Epiftles, directed to one Quinctilian, in which
Pliny offers to Quinctilian a pecuniary Prefent
in order to encreaſe his Daughter's Fortune;
becauſe, adds Pliny, tho' your Spirit is very
great, your Eftate is but moderate. But, I
think, it is pretty plain, that the Quinctilian here
mentioned (if the Name is not mistaken) muſt
have been another Quinctilian than our Author.
For in the celebrated Introduction to the VIth
Book of his Inftitutions, he ſpeaks of himſelf
as being quite childlefs; and, after bitterly be-
b 2
wailing
XX
PREFACE.
wailing the Death of his two Sons, he fays,
"That the Fruits of his Brain, as well as the.
"Acquifitions of his Fortune, muſt go to thoſe
"who are Aliens to his Blood." This is a
Way of fpeaking we cannot fuppofe he would
have uſed, if he had had a Daughter to inherit
his Fortune. But befides this, I do not find
Reafon for fuppofing any great Intimacy to have
fubfifted between the younger Pliny and our Au-
thor, who makes pretty free with his Judgment;
not to mention that Pliny had a Friend call'd
Quintianus, whom he ſpeaks of as being a Man
of great Merit.
Aufonius, in his Panegyric, tells us, that
Quinctilian received the confular Ornaments by
Means of Clemens, who was married to a near
Relation, if not a Sifter of Domitian. It is pro-
bable that the Sons of this Marriage were the
young Perfons whom Domitian put under his
Care to be inftructed in Eloquence; and whom
he feveral Times mentions.
Thofe illuftrious Diftinctions were uncom-
mon to Perfons of Quinctilian's Profeffion as a
Rhetoric-mafter. But he knew how to ſupport
them with a Dignity and Abilities that did Ho-
nour to the Roman Government. Tho' he had
more Knowledge, and more Exactitude, in his
Profeffion than perhaps any Man ever poffefs'd;
and tho' he inculcates the fimpleft, and even
the moſt mechanical, Points of his Art, with as
much Earneftnefs as the most important, yet
no Writer was ever lefs of a Pedant. He makes
an Excellence, in, even, his favourite Art, to be
only fubfervient to Virtue; and he again and
again declares, that the Pains he takes are not
to-
PREFACE..
xxi
to form a mere Orator, but an honeft Stateſman
and a worthy Patriot. In this he feems to have
drawn his own Picture, and, in feveral Parts
of the following Work, he is at no Pains to
conceal the Satisfaction he has from the united
Favour of Prince, Nobles, and People.
As he prefers Virtue to Abilities; fo he poſt-
pones INSTRUCTION to GENIUS. He every
where declares, that, without Genius, no Man
ought to apply to Eloquence; and that, to ſuch
a Man, Inſtruction is no other than plowing the
Sand. This is a Language unknown to Pedants,
who think their Inftruction can form Genius,
but Quinctilian pretends only to affift it. His
Modefty, in this refpect, is the more extraor-
dinary as he ſeems to have devoted the Whole
of his Time and Thoughts to Eloquence; and
Mankind is but too apt to be fond to Enthufi-
afm of what they ftudy with Intenfenefs.
Quinctilian fpeaks of his Art with all the Eafe,
Freedom and Politeness of a Gentlemen, and
gives a judicious Proof of the vaſt Value he has
for it, by diffuading all, who have not Genius,
from attempting it.
This noble Franknefs, this amiable Difinte-
reſtedneſs forms a Character, that is, perhaps,
lefs eminent even in his great Mafter Cicero.
But I am not yet arriv'd at that Part of this Pre-
face in which I intend to give fome Strictures
of a Compariſon between thofe two unrival'd
Fathers of Eloquence. It is fufficient to ob-
ferve here, that Quinctilian had every Advan-
tage that could raiſe him above mercenary, little
Confiderations. We are told his Salary was paid out
of the public Treaſury, which kept him above a
b 3
mean
xxii
PREFACE.
mean Dependance upon the Parents of his Pu-
pils for Subfiftence. His Friends, whom the
Reader will often find mentioned and characte-
rifed in the Courfe of the following Work,
were of the higheſt Rank of Diſtinction as well
as Learning. He was not more celebrated as
a Profeffor than a Pleader; we find him em-
ploy'd by a royal Client, the fair Berenice, the
fame probably with whom the Emperor Titus
was enamour'd; and he tranfiently mentions
his Succefs, upon other Occafions of great Im-
portance, at the Bar.
But the Conful Clemens ſeems to have been
the great Friend and Patron of our Author.
The Emperor Domitian had two Favorites of
that Name, and fome Writers (Monf. Rolin
amongſt the reft) are fond of fuppofing, that
our Author's Friend, was Clemens the Chriftian
Conful, and the fame who is mention'd by St.
Paul. It might be fo; yet I fee no Reaſon
why our Author's Memory ſhould be fo zea-
loufly attack'd for his Obftinacy in holding out
against the Chriftian Faith, when he had fo fair
an Opportunity of being initiated in it.
For
this Charge fays too much or too little. Why
is Quinctilian more blameable in that reſpect
than the Emperors Trajan, both 'the Antonini,
and many other great Men of that Age who
do Honour to the Human Race? Befides, it is
not to be diffembled that, early as that Æra of
the Chriſtian Religion was, fome Sects amongſt
the Chriftians profefs'd and practifed Doctrines
as abfurd as thofe of the Egyptians themſelves;
and we know not what Prepoffeffions our Au-
thor might have been under on that Account.
I have,
PREFACE.
xxiii
1
I have, however, in the following Notes, de-
fended my Author againſt this Charge, which
I think to be groundlefs; as well as from that
of his mean Adulation of the Emperor Domi-
tian.
It is thought that the Confular and Patrician
Honours he was invefted with, were conferr'd
upon him by the Emperor Hadrian, whoſe
Rhetoric-Mafter he was. But I think it more
natural to fuppofe that he was indebted for
them to Flavius Clemens in Domitian's Time.
He certainly finiſh'd his Inftitutions under Do-
mitian, and he there fpeaks of himſelf as being
in Poffeffion of great Honours, as well as of
high Reputation; and as having retir'd from all
Bufinefs but that of inftructing young Gentle-
men, not as a Profeffor or Mafter, but as a
Friend and Patron. As to his marrying a fe-
cond Wife, that Opinion is, I believe, ground-
lefs, and only encouraged by the beforemen-
tioned Letter of Pliny. He did not begin to
write his Inftitutes till after he had finiſh'd all
his Practice both as a Profeffor and a Pleader
for the Charge of educating Domitian's Rela-
tions was conferr'd upon him as a Mark of Di-
ſtinction, and in the Nature of a civil Employ-
ment. We know nothing about the Time of
his Death; but I am inclin'd, with Mr. Dat-
well, to believe, that he was alive under Ha-
drian, and that he did not die before the Year
of Christ 116.
Such is the lame Account we are able to give,
with any Colour of Certainty, of our great
Author, nor indeed, has the Courfe of Life
he chofe left us much Room to hope for great-
b 4
er
xxiv
PREFACE.
er Information. We know not what became
of his two Imperial Pupils, whom Domitian
once defign'd for his Succeffors; perhaps they
were facrificed, as their Father was, to that
Emperor's Jealoufy, a few Months before his
Death. Be that as it will, there is great Pro-
bability, that Quinctilian dy'd full of Years,
Riches, and Honours. It does not appear that
he ever actually was Conful; but he certainly
was dignify'd with confular and patrician Orna-
ments; and that he is not memorable for any
Share he had in the Government, may be both
owing to the Condition of the Times; and the
Fondneſs of the Public for having him employ'd
only in his favorite Profeffion.
Befides the following Work, a Number of
Declamations have been published under our
Author's Name, but, as, in their Execution,
they contradict every Precept laid down by him,
we are therefore to believe them to be fpuri-
ous, and either the Work of another Quinctili-
an, or palm'd upon the World as his. But he
certainly wrote a Treatife upon the Cauſes of the
Corruption of Eloquence which has not come
to our Hands.
I have, in the Notes, given the Reaſons why
the following Work is fo much mutilated in
the Original, that many Paffages are not intel-
ligible. But enough remains to convince us,
that it is the moft elaborate, the moft judicious
and the higheſt finiſhed of any Work Antiquity
has left us. There is not in the Circle of the
fine Arts, one that our Author has not improv'd
and illuftrated by his Obſervations. There is a
Ground-work of Good-Senfe that runs thro' his
whole
PREFA C E.
XXV
whole Work, and which, he fhews, is applica-
ble to every Art, in the fame Manner, as to Elo-
quence. He proves this to be the Source of
whatever we call good Tafte; and that it is, in
fact, the Organ by which Nature operates.
When we compare his Obfervations upon Paint-
ing and Statuary with the Improvements made
upon both, fince the Revival of the Arts in
Europe, we are tempted to believe that he fore-
faw, and fought to prevent, their Downfal.
. He has ftated the Doctrine of that Curvilinea-
rity, which is fo effential to Gracefulneſs and
Beauty, and has elegantly fhewn how it prevails
in Eloquence as much as in Drawing. (See
Vol. 1. P. 115, &c.) His Obfervations upon
Mufic, Poetry, natural Proſpects, and all Kind
of Beauty diſcover equal Juftice and Genius.
His great Aim is to prove by Effects, as well as
Precepts, that every Deviation from Nature is
a Deviation from Good-fenfe, and that without
Good-fenfe that THING which we call Tafte, is
but a Glare of Affectation, Pride and Singula-
rity that decoys a weak Mind into the Purſuit
of grofs Abfurdities.
But Quinctilian, by his Example, ennobles
every Precept; for his Senfe is no more than a
Comment upon his Stile. When he refumes,
recapitulates, enforces, exhorts and encourages,
we are bewilder'd, before we are aware, in the
moſt enchanting Scenes of Nature. He gives at
once fuch Delight and Conviction, and his
Manner is fo truly Original, that the most ordi-
nary Things become graceful under his Touch,
and the most difficult, pleafing, by his Art,
Having
xxvi
PREFACE.
Having faid thus much, I am now to make
one Obfervation, which perhaps may furprize
thoſe who are not perfectly well acquainted
with the Works of Cicero and Quinctilian, which
is, that the latter endeavours in his Stile and
Manner to be as unlike as he can to thoſe of Ci-
cero, and yet, perhaps, the greateſt Judge dare
not venture to pronounce on whofe Side the
Advantage lies.
Cicero, in his Works upon Eloquence, parti
cularly his Conferences upon the Character of
an Orator, ſtrikes by his Air, Freedom and Dig-
nity; Quinctilian wins by his Beauty, Regularity
and Addrefs. Quinctilian is lefs fplendid but
more elegant, he is lefs commanding but more
attractive; if Cicero is inftructive, Quinctilian,
to Inftruction adds Affability; and if he is infe-
rior in Genius to Cicero, he is equal to him in
Abilities, and fuperior in Experience; I mean
that Experience that can be of the greateſt Ser-
vice to a public Speaker in England.
The Stile of Cicero is clear, diffufe, and pa-
thetic; that of Quintilian ftrong, concife and ex-
preffive. If Cicero is more excellent in the Dif
pofition, Quinctilian is moſt exquifite in the Exe-
cution. Cicero's Abilities were undoubtedly beſt
fitted to guide the Movements of Government,
thofe of Quinctilian to determine a Contest at the
Ber: Cicero was more decifive in Debate, but
Quinctilian more ufeful in Pleading; the former
could raife a Spirit, but the latter could direct
it.
Quinctilian never was excell'd in Majeſty but
by Cicero, and Cicero never equall'd in Grace-
fulneſs but by Quinctilian. We are aſham'd to
differ
PREFACE.
xxvii
differ with the one, we cannot refift the other.
Both know how to rife with Temper, and to fall
with Dignity. Tho' both had great natural, yet
Quinctilian had more accidental, Advantages;
but tho' Quinctilian's Work is more uſeful to an
Englishman, yet, had he liv'd in the Days of
the Roman Republic, the Preeminence would
have been clearly on Cicero's Side.
Quinctilian had vaft Advantages that Cicero
had not. He had the Acquifitions of a hun-
dred Years after Cicero's Death, to improve his
Knowledge; he had Leifure, Fortune, and public
Favour upon his Side; and Cicero was often with-
out them all. Quinctilian's Days were enriched
by the Works of a Virgil, a Horace, a Livy,
and much greater Writers than Cicero had ever
ſeen in the Latin Language. The Romans when
Quinctilian liv'd, had acquired a much finer
Tafte in Painting, than they, in general, had in
the Days of Cicero; and Quinctilian had much
greater Opportunities than Cicero ever had, to
ſtudy (that I may uſe Cicero's own Words in
his Pleading for Archias) that intellectual Rela-
tion, that fecret Charm, in the liberal Profeffions,
which, connecting one to the other, combines them all.
Here Quinctilian excels, not only all Writers
who ever liv'd before him, but all who have ap-
pear'd fince. From Poetry he furniſhes his Ora-
tor with Ornament, and from Drawing, with
Gracefulness. He brings every Elegance of Life
to his Affiftance; he directs him how to take
Advantage of the fwelling Note, and the flowing
Robe; while the vary'd Landfkip, the fruitful,
as well as the flowery, Field; the purling, as well
as the rapid, Stream, become fubfervient to his
Purpoſe;
XXVIII
PREFACE.
Purpofe; and he finds Characters of true and
falfe Beauty, in almoſt every Work of Art or
Nature.
But is this all-accompliſh'd Maſter faultlefs?
Has he no weak Side upon which he may be
attack'd? I do not pretend that he is faultleſs,
but his Faults are the Faults of Care, of Con-
cern and of Anxiety left his Pupil ſhould not be
furniſh'd with a Superabundancy of whatever
can contribute to his Improvement. But, even
in this refpect, we muſt be fparing of our Cen-
fure. It required a much greater Compafs of
Learning and Accompliſhments to form a Ro-
man Orator, than an English Pleader; and the
Latin Language is far more critically fevere than
the English. We are not, therefore, haftily to
pronounce, that he fell into that Fault, which
he blames in others. He might find that ne-
ceffary, which we think fuperfluous; and
even, at this Day, were a modern Profeffor to
undertake to form what Cicero was, and Quinc-
tilian wifh'd for, I mean an accomplish'd Ora-
tor, he might, perhaps, require all the Mi-
nuteneffes which Quintilian recommends, and
find them all too few for his Purpofe. Who
can venture to pronounce, that a Want of At-
tention to thofe Minuteneffes is not the chief Rea-
fon, why we never yet have ſeen an Orator
that can rival Cicero, or a Critic that can equal
Quinctilian?
When I mention Quinctilian as the greateſt
Critic ever wrote, the Reader will, perhaps, be
fuprized when I fay, that I think he has fome-
times Inaccuracies in his Style, which he him-
felf would not have indulg'd in a Pupil. I fhould
bring
PREFACE.
xxix
bring down his own Indignation upon me, did I
pretend to apologize for this Neglect, by faying,
that a great Mafter is not bound over to the
mechanical Niceties of Language: for, he
tells us again and again, there is no Confidera-
tion of Language, that ought not to claim an
Orator's Attention. A much better Apology
may be offer'd, from the miferable State in which
his Writings were found, about the Time Lear-
ning began to revive in Europe. Poggius, an
eminent Italian Author, difcovered the Manu-
fcript of the Original I now offer to the Pub-
lic, lying, like Learning itſelf, opprefs'd with
Loads of monkiſh Ignorance, at the bottom of
a Tower in the Abby of St. Gall, and by an ho-
neft Fraud he procured it to be tranfcribed, and
in the Year 1468, it was printed at Rome. Seve-
ral Manuſcripts were afterwards produced, and
many Editions printed, but all of them, either
from the Manufcript of Poggius, or, if poffìble,
more mutilated and deprav'd. And thus our
Author is, laniatus corpore toto.-The Reafon is
plain. After Quintilian's Death, every ignorant
Profeffor of Rhetoric, read fuch Parts of our
Author's Inftitutes, and altered them, as beſt
fuited his Fancy; and they were tranfcrib'd by
his Scholars, as Quinctilian tells us they were in
his own Life-time, with Haſte and Inaccuracy,
till the true Readings, in thouſands of Places,
became quite irrecoverable. Add to this, that
during the dark Ages, the Eloquence recom-
mended by Quinctilian was fo far from being in
Vogue, that it could find no Admiffion either
into Schools, Courts, or Senates.
The above Confiderations ought partly, tho'
I will
IXX
PREFAC E.
I will not fay, wholly, to acquit our Author
from the Charge of certain Incorrectneffes that
are too palpable in his Style. Every Manu-
fcript and every Edition of him varies from ano-
ther. So that it is fairly to be prefum'd, his
Faults, in this refpect, are to be leſs imputed to
him, than to his Tranfcribers and Editors; ef
pecially, if we confider how wonderfully accu-
rate and exact he is, in all the Paffages that are
indiſputedly as they came from his Pen.
I muft not, however, diffemble, that his ex-
treme Attachment to Concifenefs, and his vaft
Succeſs in that Happineſs of Diction, which,
perhaps, is peculiar to himſelf, might great-
ly contribute to the Difficulty of recovering
his original Text. When a Style, like that
of Cicero's Orations, is diffus'd and flowing,
there is great Room for Conjecture in Matters of
Obfcurity, and we have often feen Sagacity
do Wonders in fuch Cafes. But this is next to
impracticable, when Words and Phraſes are fo
happily chofen, that the fame identical Expref-
fions must be reftored, otherwiſe we cannot
make Senſe of the Period.
I ſhall add but one general Obfervation with
regard to my Author. He is, at prefent, a great
Name in Learning; but his higheſt Merits are
generally the leaſt underſtood. He is little con-
fider'd in any other Light, than that of a judi-
cious, experienc'd, Teacher of Rhetoric. Many
of his Precepts therefore have been quoted by
eminent Writers. But they are quoted as Pre-
cepts only. We do not, in them, fee the great
Genius, tho' we may the able Critic; we are
unacquainted with the Man of Virtue, tho' we
difcern
PREFACE.
xxxi
difcern the profound Scholar; we fee how he
can dictate, but we know not how he can exe-
cute; and while we attend the able Profeffor,
we lofe Sight of the fine Gentleman, the great
Writer, the polite Friend, and the candid Judge
of Men, Arts, and Manners.
I ſhould ill diſcharge what may be expected
of me in this Preface, did I not fay, that our
Author is more obliged to the Abbè Gedoyn, his
French Translator, than to the whole Herd of
his Commentators and Editors. He is gene-
rally equal to his Meaning, tho' feldom to his
Spirit, and never to his Eloquence. But the
French Language is chiefly in Fault. There can
be no Conciſeneſs without Copiouſneſs, and the
Genius of a Language is like the Seaſon of the
Year, for the more plentiful its Crops are, the
ftronger, the more nutritive, and the more ex-
alted, are its Fruits.
Burman, a Dutch Profeffor, has publifh'd an
Edition of our Author, overloaded with Notes,
which prove, that he had not the Merit even
of an accompliſh'd Pedant. Unfagacious in his
Conjectures, and unhappy in his Amendments,
when our Author's Meaning is clear, Burman
generally is diffufive; when difficult, doubtful;
and when defperate, filent. Monfieur Rollin has
manifeftly adapted our Author to the Purpoſes
of facred Oratory: But tho' he has curtail'd, I
think, too great a Part of him, yet he treats him
with great Refpect, and has very judiciouſly
thrown in fome Notes of his own, and fome
from Adrian Turnebus, that are more inftructive
than all Burman's dull Commentaries. Many
other learned Men have labour'd upon our Au-
thor,
xxxii
PREFACE.
thor, but fome of them with no great. Succefs;
and it would be tedious, were I to particularize
the others, who are now and then happy in
their Conjectures.
I now beg Leave to add fomething with re-
gard to my own Performance. When I had
tranflated (as I hinted in the Beginning of this
Preface) Cicero's Conferences upon the Charac-
ter and Qualifications of an Orator, I was ex-
tremely fenfible that they could not be adapted
to every Species of public Speaking in England.
But Quinctilian can. He is equally fitted for
the Senate, the Pulpit, the Bar, public Affem-
blies, and private Debates. Even the Player
as well as the Orator, will here find every Thing
that can give Juftnefs to his Elocution, and
Gracefulness to his Action. His Precepts are
not confin'd, as Cicero's are, to a fingle Climate
or Profeffion, but are founded upon univerfal
Principles, that muſt have their Effects in all
Ages, and in all Languages. They are as well
calculated for Westminster-hall, as for the Roman
Forum; and are as improving in common Con-
verfation, as in public Speaking.
Such were my Motives for attempting and ex-
ecuting this difficult Undertaking. As to far-
ther Particulars that regard my Tranflation, I
refer my Reader to the Notes, where he will
fr.d
my Reaſon for fome Liberties I have taken,
many Paffages which I have tranflated diffe-
I y from the Senfe in which they have hi-
therto been received.
2
CU
•
Nov. 1, 1755.
WILL. GUTHRIE.
[ xxxiii]
M. FABIUS QUINCTILIANUS
то
TRYP HO the Bookfeller,
HEALTH.
Yo
OU have daily importun'd me, in the moſt
violent Manner, to begin to publiſh my
Book, concerning the Education of an Orator,
which I addrefs'd to my Friend Marcellus. For
my own Fart, I did not think them, as yet,
ripe for Publication. You know, that tho' I was
engaged in a great deal of other Bufinefs, I be-
ftowed no more than two Years in compofing
them; and that Time was employ'd lefs in
Writing, than in conſulting, an infinite Variety
of Authors, and in the almoft endleſs Toil of
ſearching after Materials for finiſhing the Plan
I had propofed. Add to this, I was for taking
the Advice which Horace lays down, in his Art
of Poetry, by keeping this Work nine Years
by me, left I ſhould publish it too precipitately.
This was the Reaſon why I delay'd the Publica-
tion: For I thought that the Fondneſs of an Au-
thor, being by that Time abated, when I came
C
to
[ xxxiv ]
1
to review it, I could examine it with the Eye
of a Critic. But if the Demand for it is fo
great as you fay, let us fpread our Sails to the
Winds, and with each other a happy Voyage,
now that we are weighing Anchor.
But re-
member, that a great deal depends upon your
Care and Exactneſs, in giving this Work, with
all poffible Correctneſs, to the Public.
&
礼
​*** **
C & X X 5 S
*** **
CERIES
CE XXS S
*** **
CE XX5D
**
*** **}
**
CERASS
*
*
***
*
M. FABIUS QUINCTILIANUS
HIS
INSTITUTES of ELOQUENCE;
OR,
The ART of Speaking in Public.
INTRODUCTION,
Containing a general Plan of the Work.
To MARCELLUS VICTOR.
FTER obtaining Refpite
from the Application, which,
for twenty Years, I had be-
ftow'd in educating young Gen-
tlemen, I own, that, for a long
Time, I declined to comply
with the Demand, which cer-
tain Friends made upon me,
that I fhould draw up fomewhat concerning the Art
of Public Speaking; becauſe I well knew, that ma-
ny Authors, of the greateft Eminence in both Lan-
guages, (a) had tranfmitted to Pofterity moft accurate
(a) Viz. Greek and Latin.
B
Com-
M. FABIUS QUINCTILIANU S
Compofitions upon this Subject. But the very Rea
fon which I urged, in order to be excufed the more
readily, made them the more eager in infifting:
66
Becauſe, faid they, amidſt the various and fome-
"times contradictory Opinions of former Authors,
"it is difficult to make a right Choice." So that it
was no unreaſonable Requeſt, if I did not ſtrike out
a new Syftem of my own, that I fhould take the
Trouble to lay down fome Rules for Judging upon
former ones. But though I was not prevailed upon
by any Confidence I had of fucceeding in what was
required of me, fo much as by my not having Affu-
rance enough to reject the Requeſt, yet the Subject
grew fo upon my Hands, that I voluntarily undertook
a more difficult Taſk, than they impoſed; and that
not only with a View of deferving well of my Friends
by paying them the moſt explicit Obedience, but of
declining the hackney'd Paths, which others had trod
before me.
For the Writers, in general, upon this
Subject, ſet out with giving the finiſhing Strokes of
Eloquence to thoſe whom they fuppofe to be com-
pleat Mafters in every other Kind of Learning:
either through Contempt of our infant Studies, or
from a Notion that they did not properly fall under
their Province, as the two Profeffions are quite diffe-
rent. Or, which is more probable, becauſe they
thought that a Man of Genius never would value
himſelf upon Studies which, however neceffary, are
far from being confpicuous; for while the Super-
Atructure is admired, the Foundation is concealed.
For my Part, as I think there is nothing foreign to
the Art of Speaking well that muſt be acknow-
ledged to be indifpenfably neceffary to an Orator, and
as we cannot arrive at the Summit of any Thing
without going through the preceding Parts, I fhall
3
not
His INSTITUTES of Eloquence.
CAM
difdain to ſtoop to thofe leffer Circumftances that are
abſolutely neceffary to the Attainn.ent of higher Per-
fection; and I fhall fet out in the very fame Manner
as if I were to begin to form, from his Infancy, the
Studies of an Orator who is delivered over to me
for Education.
This, Marcellus Victor, is the Work that I addrefs
to you: You are the deareft of my Friends; and you
are paffionately fond of Letters: but tho' theſe are
ſtrong, yet are they not my fole, Motives; for I think
that a Treatife on this Subject will be no Differvice
to the Education of your Son, whofe Dawn of Life
evidently promiſes to arrive at the Meridian of Ge-
nius. A Treatife, which I refolved to carry from
the very Infancy, as I may fay, of Eloquence, thro'
all the Arts, fo far as they may be of Service to the
future Orator, till he reaches the Summit of his Pro-
feffion. I am the more induced to purfue this Plan,
becauſe two Books upon the Art of Rhetoric have
appeared under my Name, though I neither publish'd
them, nor were they compofed with that View. For
the Boys, for whofe Ufe the one was intended, got it
by Heart, after I had delivered it for two Days: The
other, thro' an over hafty Compliment to the fuppofed
Author, was publiſhed from a miſtaken Partiality in
my Favour, by certain young Gentlemen of Merit,
according to the Notes, which they had, to the beſt of
their Abilities, taken of it for ſeveral Days. In the
following Treatife you will find fome Things the
fame, many alter'd, and more added, but all better
digeſted, and finiſhed to the utmoſt of my Ability.
Now, according to my Definition, no Man can
be a compleat Orator unlefs he is a good Man: I
therefore require, that he fhould be not only all-ac-
compliſhed in Eloquence, but poffefs'd of every mo-
}
B 2
ral
4
M. FABIUS QUINCTILIANUS
ral Virtue. For I cannot be of Opinion, with fome
People, that we are to be delivered over to Philofo-
phers in order to be inftructed as to all that regards
Uprightneſs and Honefty in Life; becaufe I think,
that a Man who underſtands the focial Duties, and
how to manage both public and private Concerns;
to govern Cities by Wiſdom, to regulate them by
Laws, and to improve them by Inftitutions; is, in
Fact, nothing but an Orator. Therefore, though I
own, that I fhall make uſe of fome Maxims laid
down in the Works of Philofophers; yet it is with
great Right and Authority I contend, that proper-
ly they relate to my Subject, and belong to the Art
of Eloquence. If we very often have Occafion to
treat of Juftice, Fortitude, Temperance, and the
like Virtues, (for fome Matter arifes from them
in almoſt every Subject that occurs ;) are we to
doubt that an Orator makes the principal Figure,
wherever the Force of Genius and the Force of
Eloquence is required? Theſe Accompliſhments, (as
Cicero has evidently proved,) as they are linked to-
gether by Man's Nature, are connected by his Duty;
and the Wife were looked upon as the fame with
the Eloquent. This Accompliſhment ſplit in Pro-
cefs of Time, and it happened that Indolence adopt-
ed the Difference. For when the Tongue came
to be hir'd out, and the Practice of Eloquence
perverted the Ufe of the best Things, then they
who were Orators by Profeffion, abandoned the Stu-
dy of Virtue; which thereby became the Province
of meaner Capacities. Afterwards, fome, defpi-
fing the Traffic of Eloquence, return'd to form the
Morals, and to regulate the Lives of Mankind; and
thereby adopted the better Part; if the Study admits
of a Diviſion. They, however, affumed to them-
felves
His INSTITUTES of Eloquence.
5
felves a moſt infolent Appellation, for they affected
to be called SOLE PROFESSORS OF WISDOM: An
Appellation which neither the greateſt Princes, the
moft confummate Politicians, nor the ableft Statef-
men ever preſumed to appropriate to themfelves:
Becauſe fuch always chofe to difplay their Excellen-
cies by their Actions, rather than their Profeſſions.
I readily admit, that many of the old Profeffors of
Wiſdom taught the Study of Virtue, and practifed
what they taught; but in our Days the Perfons who
went under (b) that Appellation were generally Men of
the moſt abandon'd Principles. For they did not by
Virtue and Study aim at the Character of Philofo-
phers, but they cloaked the vileſt Immoralities under
Grimace of Countenance, a Sournefs of Behaviour,
and a Singularity of Drefs. But we now indifcrimi-
nately handle thofe Subjects, which thofe Philofophers
had appropriated to themſelves. For where, at pre-
fent, is the Man, be he ever ſo vitious, who does not
talk of Juftice, Equity and Virtue? Where can
you find a Clown, who does not enter into Dif
quifitions concerning natural Cauſes? For Elo-
quence and Propriety of Words ought to be the
common Concern of all who pretend to the Purity of
Speech. But the Orator knows all thofe Matters, and
can expreſs them to the greateſt Advantage; and
where an Orator happens to be accomplished, there is
no Occafion to apply for moral Precepts to the
Schools of Philofophers. At prefent, we are under
a Neceffity of fometimes having Recourſe to thoſe
Authors who feized upon the abandoned, but che
(b) That Appellation] This Paffage feems to be intended as a
Compliment to the Emperor Domitian and the Roman Senate, under
whom our Author lived, and who about this Time expelled all the
Philofophers from Keme.
B 3
preferable
6
M. FABIUS QUINCTILIANUS
preferable Part of the Oratorial Art, and to claim
it as our own Property; not that we are to make
Uſe of what they have invented, but that we may
make them fenfible they have ufurped a Profeffion
which belonged to others.
ever was.
Let an Orator be fuch a Man as we may term truly
wife; not only accompliſhed in his Manners (for I
am of a different Opinion from thofe who think that
that is fufficient) but in Knowledge, and the Prac-
tice of Speaking, beyond what perhaps any Man
But this is no Reaſon why we ſhould re-
lax in aiming at Perfection. It was the Practice with
moſt of the (c) Antients to lay down Maxims of
Wiſdom, though they did not admit that any Man
was perfectly wife. For there is certainly fuch a
Thing as Perfection in Eloquence, and there is no-
thing in human Nature, that forbids our attaining
it. But, even though it fhould not be attained, yet
ftill they who aſpire to the Summit, will go higher
than they who, prepofterouſly deſpairing of fucceeding
in their Aim, loiter about the Bottom.
It is therefore the more pardonable in me, if I do
not omit Confiderations which, however minute in
themſelves, yet are indifpenfable in the Work I pro-
poſe. My firft Book fhall treat of Matters which
precede the Profeffion of Eloquence; the fecond
will contain the firft Elements of Rhetoric, and all
the Requifites of that Art. The five following are
appropriated to Invention, and to that is added
Method; and the four next treat of Elocution, un-
der which Head is compriz'd Memory and Pro-
nunciation. One Book is added, upon the Cha-
·racter of an Orator, in which, to the beſt of my poor
(c) Antients] This is to be underſtood chiefly of the Stoics.
Abili-
His INSTITUTES of Eloquence.
7
Abilities, I hall treat of his Morals, of his Practice,
and undertaking, ftudying and managing Caufes;
upon the Nature of Eloquence, upon the Purpoſes
of Pleading, and concerning his Studies after thefe
are accompliſhed.
With all thoſe Points I fhall intermix, as Occafion
offers, the Practice of Speaking, for the Inftruction
not only of thoſe who ſtudy the Principles to which
fome have appropriated the Name of this Art, and
who ſtudy Rhetoric as they ftudy Law, but likewife
for the improving and increafing the Powers of Elo-
quence. For dry Treatifes generally break down and
mince whatever is noble in Eloquence, by an Over-
Affectation of Delicacy, and, thereby draining it of
all its generous Spirit, bare it to the very Bones,
which ought to be cloathed with Flesh and Blood,
as well as knit and compacted with Nerves and Si-
news. Therefore I have not (as is generally done)
comprized in thofe twelve Books the dry Precepts a-
lone of this Art, but I have compendiouſly pointed
out every Thing that I conceived to be of Service in
the Education of a public Speaker; for had I en-
larged, as much as I could, upon every Point, there
would have been no End of my Work.
One Thing, however, I must premife; That, with-
out the Affiftance of, natural Capacity, Rules and
Precepts are of no Efficacy. Therefore, this Treatiſe
is no more intended for thoſe who are defective in
Point of Genius, than a Treatife upon the Improve-
ment of Lands is applicable to barren Grounds.
Befides, Nature throws in other Aids, Voice, the
Strength of Lungs, Health, Refolution, Comeliness;
all which are improveable by Art, if Nature contri-
butes to them but a little: Tho' they are fometimes
ſo defective, that they ſpoil even what is valuable in
Genius,
B 4
8
M. FABIUS QUINCTILIANIUS
Genius, and in Application. Nay, this Work will of
itſelf be of very little Service without a ſkilful Tutor,
obftinate Application, with great, and continual Prac-
tice in Writing, Reading, and Speaking.
BOOK I.
CHAP.
I.
CONCERNING THE EDUCATION OF THE FUTURE
ORATOR.
That Nature generally is not so much wanting as Care-
Of the Qualities required in Nurfes, Parents, Play-
Fellows and Tutors-That a Boy ought to begin with
the Study of Greek-That he is capable of Improve-
ment, before he is Seven Years of Age-but that he
ought not to be over-ſtudied at that Age-Our Author's
Apology for treating of fuch minute Subjects-Concern-
ing Reading and Writing.
A
FATHER, the Moment he becomes fo,
ought to entertain the greateft Hopes of his
Son; he will therefore the more early watch over his
Improvement. For it is a miſtaken Complaint, that
very few People are naturally endowed with quick
Apprehenfion; and that moft Ferfons loſe the Fruits of
all their Application and Study, through a natural De-
fect of Underſtanding. The Cafe is the very reverſe,
becauſe we find Mankind in general to be quick in
Apprehenfion, and fufceptible of Inftruction. This
is the Characteristic of the Human Race; and as
Birds are provided by Nature with a Propenfity to
Ay, Horſes to run, and wild Beafts to be favage,
6
fo
BOOK I. His INSTITUTES of Eloquence.
9
ſo the Working and the Sagacity of the Brain is pe-
culiar to Man; and hence it is, that his Mind is fup-
poſed to be of divine Original. Now, the Dull and
the Indocile are in no other Senſe the Productions of
Nature, than are monftrous Shapes, and extra-
ordinary Objects, which are very rare.
To prove
this, we have known many Boys, who had the moſt
promifing Appearances, all which vanished as they
grew up: A plain Evidence it was not their Nature,
but Care, that was deficient. I readily admit, that
the Capacity of one Man may be better than that of
another; fome make great, others lefs Proficiency;
but, we never knew a Man whom Study did not
fomewhat improve. Whoever is fenfible of this, as
foon as he becomes a Father, ought to employ the
moft diligent Attention to the Education of the future
Orator.
First of all, Nurfes ought to be free from all Im-
pediment, and Impropriety, of Speech. Chryfippus
wiſh'd every Nurſe to be a Woman of Senfe; but in
all Events he was of Opinion the beſt that could be
had ſhould be pitch'd upon, according to the Cir-
cumſtances of the Parties. It is true, their Morals
ought to be the firſt Confideration, but it is requifite
that they ſhould ſpeak with Propriety. Their Speech
is the firſt the Child hears, and he lifps out an Imi-
tation of their Words. By Nature, we are very te-
nacious of what we imbibe in the Dawn of Life, in
the fame manner as new Veffels retain the Flavour,
which they firft drink in. There is no recovering
Wool to its native Whiteneſs, after it is dy'd. Now,
the more vitious a Habit is, the clofer it will ſtick
for good Habits are eafily changed into bad ones:
But where did you ever know a vitious Habit be-
come a good one? Even a Child therefore ought
;
to
10 M. FABIUS QUINCTILIANUS
Book I.
to be uſed to nothing in his Infancy, which he muſt
afterwards be at Pains to unlearn.
As to Parents, I would, by all means, have them
Perfons of Learning. I do not fpeak this of Fathers
only, for we are told that the Eloquence of the
Gracchi was greatly improved by their Mother Cor-
nelia, the Purity of whofe Stile has been handed
down to Pofterity in her Letters. The Daughter of
Lælius is faid to have refembled her Father in Elo-
quence; and the Daughter of Quintus Hortenfius pro-
nounced before the Triumvirs a Speech, which
would do honour to the Eloquent of our Sex. Even
they who are themfelves unlearned, ought not to re-
lax in their Attention to their Children's Learning;
nay they ought, for that very Reaſon, to beſtow the
more Pains in all other Refpects. As to Play-Fel-
lows, and the Companions of young Gentlemen, I
recommend the fame Thing, as I do concerning
Nurfes.
With regard to Tutors, I recommend, if poffible,
that they may be Men of real Learning, or, that they
be fenfible they have no Learning at all. For no-
thing is more naufeous, than Men who, having got
juſt a Smattering in advanced Learning, vainly per-
fuade themſelves that they are Men of Knowledge.
Becauſe fuch Men difdain to fubmit to thofe who
really have Learning, and being fwell'd, as fuch
Fellows are apt to be, with a Conceit of their own
Power, they give out their Leffons of Ignorance not
only in an imperious, but a brutal, Manner. We
are told by Diogenes of Babylon, that Leonidas the
Tutor of Alexander infected his young Pupil with
fome Blemiſhes which ſtuck to him after he grew up
and became a great King.
If
Book I. His INSTITUTES of Eloquence.
II
If any one ſhould think me exorbitant in what
I require, let him confider that I propofe to educate
an Orator; an arduous Tafk! For fuppofing that
Nature has fully done her Part, yet great and many
are the Difficulties ftill to be furmounted. For the
Pupil will require clofe Application, excellent Ma-
ſters, and Variety of Exercifes. The Rules I lay
down, therefore, muſt be the beft in every Kind;
and if there is then any Defect, the Fault will lie,
not in the Method, but in the Perfons.
Mean while, if it ſhould happen that fuch Nurſes,
Companions and Tutors as I have recommended are
not to be had, yet fome one who has fome Know-
ledge of Language out to be always about the young
Gentleman. This Perfon is inftantly to fet him
right, when others make ufe of any Impropriety of
Expreffion in his Hearing; and thereby take care
that it does not grow up into a Habit. It is how-
ever ftill to be underſtood, that what I have recom-
mended before is moft eligible, and this Method is
only to be followed inſtead of a better.
is
I chufe that a Boy fhould begin with the Study of
the Greek Language, becauſe the Latin is fo common
that we are oblig'd to learn it: At the fame time it
proper that his Education fhould begin with Greek
Studies, becaufe from thence our own Learning is
deriv'd. And yet I am not for his applying fo
fcrupulouſly to Greek, as for a long Time to ſpeak no
other Tongue, and have no other Study, as is gene-
rally the Cafe; becauſe fuch a Practice gives rife to
great Faults in our own Pronunciation and Language,
both which are thereby vitiated with a foreign Caft;
for when we contract a confirm'd Habit of Speaking
in the Greek Idiom, it is almoſt irremoveable, and
gives a wrong Turn to our Speaking of Latin.
The
1.2
M. FABIUS QUINCTILIANUS
BOOK I.
The Study of the Latin Language therefore ought
foon to follow that of the Greek, and in a fhort Time
they ought to keep pace together; and then, by giv-
ing to both an equal Degree of Attention, neither
will hurt the other.
Some have been of Opinion that a Boy's Educa-
tion ought not to commence till he is feven Years of
Age; becauſe till then the Mind is neither capable
of Inftruction, nor able to endure the Toil. We are
told that Hefiod was of that Opinion, by a great many
who liv'd before Aristophanes the Grammarian, the
firſt who denied the Book (a) of RULES where that
Paffage is found, to belong to Hefiod. But other Au-
thors, particularly Eratofthenes, were of the fame O-
pinion. They however, who, with Chryfippus, think
that every Moment of Time ought to be employ'd,
are more defenfible in their Opinion: For, tho' he
allow'd the Child to be for three Years in the Nurfe's
Hands, yet he thought that at that Age the Mind is
fufceptible of excellent Inftruction, even from Wo-
men. For why ſhould we imagine the Mind to be
incapable of Letters, and yet capable of Manners?
At the fame time, I am fenfible, that during all the
Time I fpeak of, the Child can fcarcely make fuch
Proficiency, as he will make for one Year afterwards.
And yet I think that they, who are moſt of that Opi-
nion, feem, in this Refpect, to be more tender of the
Tutor than of the Pupil. How can the Time be
better employ'd from the Moment the Child begins
to talk? For it is certain that he must be employ'd
in fomewhat. Or why are we to defpife the Pur-
chaſe, be it ever fo little, that is to be made before
(a) Book of Rules] Orig. Yoðnuas.
the
Book I. His INSTITUTES of Eloquence.
13
}
1
the feventh Year? And indeed, inconfiderable as
the Progrefs is, that a Child can make at that Age,
yet ftill he will be capable of greater Improvements,
becauſe during the preceding Time he has improv'd
little. This Improvement, continued for Years, be-
comes confiderable in the Whole; and every Hour
fav'd in Infancy is fo much acquired to Youth. The
fame Rule ought to be obſerved as to the following
Years, that, when a Boy has a Thing to learn, he
may not be too late in beginning to ftudy it. Let us
not, therefore, lofe even the moſt early Hours of Life,
and the rather, becauſe the Rudiments of Knowledge
are acquired by Memory only, which we poffefs in
our earlieſt Days, nay, it is then very tenacious.
I am not, however, fo difregardful of that Time
of Life, as to enjoin it to be treated with downright
Severity, or require from it a full Tafk. For we
ought to be extremely careful, that a Boy does not
conceive an Averfion for Learning before he can
have a Love for it, and that he does not preferve, in
advanc'd Life, a Diflike for what once gave him Pain.
Let his Study be made his Diverfion; let him be
footh'd and carefs'd into it; and let him fometimes
value himſelf upon his Proficiency. Sometimes
mortify him by inftructing fome other Boy whom he
is jealous of; then let them challenge, and give
your Pupil leave to imagine that he generally comes
off Conqueror: Let him even be encourag'd by giv-
ing him the Rewards that are moft taking with
that Age.
Theſe are minute Confiderations, as I undertake
the Education of an Orator. But we are to confider
that even Studies have their Infancy; and as Men
even of the moſt robuſt Conftitutions have in their
Infancy been fed with Milk and rocked in a Cradle ;
fo
14
Book I.
M. FABIUS QUINCTILIANUS
fo there was a Time when the Voice of the moft elo-
quent Orator was an inarticulate Sound; when it
indiſtinctly liſp'd out his Meaning, and when he was
puzzled even about the Letters of the Alphabet.
Neither are we to imagine, that becauſe a Thing is
too hard to be ſtudy'd, it is therefore unneceffary.
Now if nobody takes it amifs, when a Father thinks
that thofe Particulars are not to be neglected in the
Education of his Son; why is a Man to be blamed
for publiſhing to the World what he conceives to be
proper for a domeftic Education? And the rather,
becauſe eaſy Inſtruction is beſt ſuited to young Minds;
and as there are certain Movements of the Limbs.
to which our Bodies can only be formed when they
are tender, fo even Strength itſelf renders our Minds
lefs fufceptible of moft Studies. Would Philip King
of Macedon have order'd his Son Alexander to have
been inftructed in the firft Rudiments of Learning by
Aristotle the greateſt Philofopher of that Age, or
would Aristotle have undertaken that Office, unleſs
he had believed it to be highly neceffary for the
Mind to receive its earlieſt Inftruction from the moſt
accompliſh'd Mafter? Suppofing therefore that an
Alexander is to receive the Milk of his Learning from
me, fhall I be ashamed to inftruct a Pupil of fo
much Confequence (and every Man's Son ought to
be of the fame Confequence to him) even in the moſt
compendious Methods of Learning, while I am teach-
ing him the firſt Rudiments of Letters ?
And indeed, for my own Part, I am diffatisfied with
the general Method of Inftruction, by making young
Children learn the Names and Relations of Letters
before they have learned the Shapes of them. This
Practice prevents their underſtanding them, becauſe
they do not apply their Mind to ſtudy the Forms of the
Letters,
Book I. His INSTITUTES of Eloquence.
15
Letters, while they repeat them by rote from their
Memory. This is a good Reaſon why Teachers,
even after Children are thoroughly inftructed in the
Letters, as they ufually follow one another, fhould
diſorder and change them, and alter their Places, till
fuch Time as the Scholars fhall know them by their
Shape, and not by their Order of Standing. They
will then know Letters as we know Men, both
by their Appearance and their Names. But that
Practice which is inconvenient in learning of their
Letters, will not be fo with regard to Syllables.
Mean while, I am far from excluding the common
Method of entering Children into Learning by giving
them the Forms of the Characters, cut out in Ivory,
to play with; nor any other Invention that can be
thought of more taking with that Time of Life; nor
any thing they can take a pleaſure in handling, or
looking at, or expreffing.
But when the Child now begins to trace the Forms
of Letters, it is proper to have them very elegantly
carv'd out upon a Board, in order that he may run
his Pen over them as thro' fo many Grooves. For
the Extremities of the Board being guarded with
Ledges will not fuffer him, as upon a fmooth Sur-
face, to write irregular or out of Compafs, and the
more frequently and quickly he follows fix'd De-
lineations, the fooner he will form his Hand; with-
out ftanding in need of another Perfon's Hand to
direct his in fhaping the Letters. Men of Quality
are in the wrong to undervalue, as they often do, the
Practice of a fair and quick Hand in Writing; for
it is no immaterial Accompliſhment. As, therefore,
an elegant Hand of Writing is a main Requiſite of
Study, it becomes a real Accomplishment, and, as it
ſhould be deeply rooted, let it be acquired at the moſt
early
16 M. FABIUS QUINCTILIANUS BOOK I.
early Time of Life: When it is flow, it ftops the
Quickneſs of Thought; when rude and confufed, it
is void of Meaning; and thofe Inconveniences beget
another Trouble in order to remedy them, I mean,
that of inditing. Therefore, as it will, at all Times
and upon all Occafions, eſpecially in our private and
intimate Correſpondences, give us Pleaſure, let this
Accompliſhment be, by no means, neglected.
There is no epitomifing the Study of Syllables; all
of them ought to be exprefsid, without, as often is the
Cafe, putting off the mort difficult, which makes
Youths at a lofs in every thing they write. We ought
by no means to be over hafty in trufting to a young
Memory; it is more improving to repeat a Thing,
and inculcate it on the Underſtanding: And in read-
ing we are not to hurry on without Stay or Stop;
unleſs when an intire and clear Connection of Letters
can be ſupply'd without, at leaſt, any Interruption
from being obliged to recollect. Let the Pupil then
begin to form Syllables into Words, and Words into
Periods. The Prejudice that Hurry does to Read-
ing is inconceivable. It gives rife to Doubts, Stam-
mering, and Repetitions, in thoſe who attempt more
than they can compafs; and when they once are out,
they are diffident even of the Things they are Maſters
of. Let the Pupil therefore begin with reading Syl-
lables, then let him join them into Words and Sen-
tences, but let him be all the while flow and fure,
until, by Practice, he arrives at a correct Quickneſs.
For the general Method that always is recommended,
that of catching, with the Eye, what goes before in
the fame Line, fo as to provide the proper Pronun-
ciation, is not to be acquir'd by Rules only, but by
Practice; becauſe the Reader muft pronounce the
foregoing Part while he is eyeing what follows, and
*
the
}
BOOK I. His INSTITUTES of Eloquence.
17
the Purpoſe of his Mind muſt be divided by employ-
ing his Voice one Way, and his Eyes another, which
is a Matter of the greateſt Difficulty.
When a Boy (that I may purſue this minute Detail)
begins, as is the general Cuftom, to write down the
Names of Things, it is proper to guard him againſt
lofing his Labour upon common and ordinary Words.
For it is poffible for him, while he is on another
Purſuit, to learn the Meaning of Phrafes and Tech-
nical Terms, (which the Greeks call yλwoow) and e-
ven in his earlieſt Studies to gain a Piece of Know-
ledge, for which Part of his Time, if he does not
before acquire it, muſt be afterwards fet apart. And
as hitherto we have dwelt upon trifling Matters,
even the Copies fet him for the Improvement of his
Hand-writing ought not to be an unmeaning Set
of Words, but to convey fome beautiful Sentiment;
the Remembrance of which will ſtick to him, when
he is old; and when ftampt upon his tender Mind,
the Impreffion will even improve his Morals. There
is likewiſe Room, even while he is following his Di-
verfions, for inftructing him in the Sayings of illuftri -
ous Perfons, and teaching him fome beautiful
Paffages, eſpecially from the Poets, who are gene-
rally Favourites with young Perfons. Now, as I
ſhall prove in its proper Place, Memory being an
indifpenfable Property in an Orator, it is chiefly
ſtrengthened and nourish'd by Practice; and the
Age, of which I am now treating, being incapable
of ſtriking out any Thing of itfelf, it is almoft the
only Faculty that can then be improved by the Care
of the Teachers. When a young Gentleman is
come to the Age in which his Pronunciation is more
full, and his Articulation more diftinct, it will not be
amifs for him to repeat over with Rapidity certain
C
Words
T8 M. FABIUS QUINCTILIANUS
BOOK I.
Words and Lines of a ftudied Harfhnefs, and
chain'd together by grating Sounds and jarring Syl-
lables, fo as to make one Roughnefs of the whole.
Such Lines were, by the Greeks, termed Xero, This
appears to be an inconfiderable Injunction, but when
it is omitted, a great many Faults of Expreffion
become afterwards incurable by Habit, becauſe they
are not rooted out in the early Time of Life.
'
CHA P. IF
AN INQUIRY WHETHER A DOMESTIC, OR A
PUBLIC EDUCATION IS MOST PROPER FOR
A YOUNG GENTLEMAN.
A Refutation of the Objections urged against a public
Education and Schools. That it is not detrimental
to Morals. A fevere Invective against the ruinous
Fondness of fome Parents for their Children.
Public Schools are far from hindering a Boy's Improve-
ment - And recommended on many Accounts.
That
UT the young Gentleman begins now to grow
BUD
upon my Hands, to leave his Go-cart, and to
think in earnest about Learning. I fhall therefore
employ this Chapter chiefly upon the Difcuffion of
the following Queſtion, viz. Whether the confining
his Studies to his own Home, and within the Walls
of a private Houfe, or entering him into a large
School, and putting him, as it were, under the Care
of a public Maſter, is moft conducive to the young
Gentleman's Advantage? The latter Method, I per-
ceive, has been followed by thoſe who have regulated
the
Book I. His INSTITUTES of Eloquence.
19
the Polity of the moſt illuſtrious States, as well as
by the moſt eminent Authors.
We are not however to diffemble, that the private O.
pinions of fome diffent from this, almoft, general Prac-
tice of public Education; and that chiefly through
two Reafons. The firft is, that the Morals of a Youth
are more fafe by his being retired from a Crowd of
Boys, all of them of an Age prone to Vice; and I
wish that there was no Foundation for the Immora-
lities that are often charged upon that Time of Life.
Their other Reaſon is, that a Maſter, be he who he
will, has more Time to beſtow upon one Boy than he
can have when he is to inſtruct Numbers.
As to the firft Reafon, it is a Matter of great
Weight. For were I clear that the public Schools,
while they advance Studies, hurt Morals, I fhould
prefer the Practice of Morality even to the Endow-
ments of Eloquence. But, in my Opinion, they are
one and the fame Thing, and cannot be feparated.
For I account ho one to be an Orator, if he is not an
honeft Man; and I fhould not wifh him to be other-
wife, were it even poffible. Let me, therefore, can-
vas this Matter firft.
Boys, fay they, have their Morals debauched at
public Schools. I grant this fometimes to be the
Cafe; but they are debauched at home likewife:
And I am thoroughly perfuaded, that many Inſtances
may be brought to prove, that, in either Education,
the Morals have been both debauched and inviola-
bly preferved. The whole Difference lies in Nature,
and in the Care beſtowed upon a Pupil. Suppoſing
a Youth to have a natural Propenfity to Vice; ſup-
pofing no Care to have been taken in forming and in
cultivating his Morals in the moſt early Time of his
Life; fuppofing this, I fay, he will find Opportu-
C
2
nities
20
BOOK I
M. FABIUS QUINCTILIANUS
nities for practifing Vice, even in Solitude itfelf. It
is poffible for his private Tutor to be a profligate
Fellow; and he is as liable to be debauched by keep-
ing Company with wicked Slaves, as with graceless
young. Gentlemen.
Suppofing, on the other Hand, his natural Dif
poſition to be virtuous; fuppofing his Parents not to
be quite flothful, ftupid and indifferent about his
Education; no more is to be done than to chufe
for his Maſter, a Man of the moſt irreproachable Mo-
rals (a Matter that is always chief in a fenfible
Parent's Thoughts) and then put him upon a regular
Courfe of Education; without forgetting to place
about his Perfon fome worthy, difcreet Friend, or
faithful Freedman, who, by conftantly keeping him
company, will over-awe and reform all his Compa-
nions, who are fufpected of Lewdnefs. This Ap-
prehenfion, therefore, is eaſily guarded againſt.
Would to Heaven, that we ourſelves were not the
chief Inftruments in corrupting the Morals of our
Children! No fooner are they born, than we ener-
vate them by Fondnefs; for that Delicacy of Edu-
cation, which we term Indulgence, breaks down every
Power both of Body and Mind. When the Child
ſtammers about in coftly Robes, what will not the
Man afpire to? The first Words he learns to lifp
are his Purple, or his Crimſon Cloak; and we pay
more Attention to his Palate than to his Pronun-
ciation. Before they leave their Go-carts, they
grow up to be Lads; and never do they put a
Foot to the Ground, but when they are fwung and
fufpended in Leading-ftrings by their Attendants.
When they ſay any Thing immodeft, we feel fenfible
Pleaſure. We kifs and fondle them for Expreffions
that would put even an effeminate Egyptian out of
Coun-
BOOK I. His INSTITUTES of Eloquence.
21
Countenance; and where is the mighty Wonder in
their being fuch early Proficients in Luxury; for all
they learn and all they hear is from ourſelves? They
are Witneffes of our lewdeft, our moſt infamous, A-
mours; our Dining-Rooms ring with obfcene Songs;
and all our Entertainments are mix'd with indecent
Objects. This, at firſt, becomes Habit, and Habit
grows into Nature. The poor Infants learn thoſe
Things before they know them to be Vices; and
thus melting into Luxury and diffolved in Effeminacy,
they carry into Schools their Lewdneſs, inſtead of
catching it there.
But, it may be faid, when one Man has the
Charge only of one Child, he will have the more
Time to beſtow on his Education. In the firſt Place,
I know nothing to hinder a young Gentleman who
is educated at a public School from having a private
Mafter. But fuppofing that both cannot be united,
yet I prefer to Gloom and Solitude, that free and
open Air, which reigns in the Affembly of noble,
generous Youths. For the more excellent a Mafter
is, the more he is pleafed with having a numerous
Auditory; and the better he thinks himſelf entitled
to a crowded Houfe. Mean while, Mafters, who are
conſcious of poor Abilities in themſelves, love to
faſten upon a ſingle Pupil, and will even ftoop to
all the Drudgery of a domeſtic Tutor. But admit-
ting, that through Favour, Friendſhip, or Money, a
Parent may procure a Man of the greateſt Learning
and Virtue to teach his Son at Home; will fuch
a Man ſpend the whole Day in inftructing him?
If he does, is not the Mind, by too intenfe Applica-
tion to Study, as apt to be fatigued as the Eye is by
being too long fix'd upon one Object? Efpecially
when we confider, that the young Gentleman is to
C 3
do
22 M. FABIUS QUINCTILIANUS
BOOK I.
do a great deal by himſelf. For the Mafter is not
to aſſiſt him in getting by Heart, in writing and in
digeſting what he is learning; and the Company of
any Perfon, be who he will, is an Interruption to him
while he is about thoſe Exercifes. Befides, every Au-
thor does not require to be prelected or explained.
If that were the Cafe, how could a young Gentle-
man make himſelf Mafter of fuch Variety of Read-
ing? The Work there, for a whole Day, may be
planned out in a very ſmall Compafs of Time; and
the Leffons, which a Mafter gives out to a few,
may reach to many, becauſe they are generally de-
livered in fuch a Manner, that he can convey them
to all his Hearers with the fame Breath. I fhall here
fay nothing concerning the Divifions and Declama-
tions of the Rhetoricians; for it is certain, that let
the Audience be ever fo numerous, yet every one can
carry off the whole. For a Master's Voice is not
like an Entertainment, where the more numerous the
Gueſts are, the more the Fare diminishes; but like
the Sun, which diffufes to all alike, the fame De-
gree of Light and Heat. Thus, when a Grammarian
prelects upon the Art of Speaking, if he folves
Difficulties, if he explains Hiftories, or Poems, every
one who hears him may profit alike.
}
But, (it may be farther urged) the great Number
of Scholars prevents a Mafter from inftructing and
inspecting them as he ought. Every Thing has its
Inconveniencies; and I fhall admit this to be one;
but let me, in the mean Time, fet the Advantage
againſt the Diſadvantage. I am not for fending a
Boy to a School where he may be neglected. But we
cannot fuppofe, that an able Mafter will encumber
himſelf with a greater Crowd of Scholars than he can
manage; and our firft Care ought to be to render him,
by
BOOK I. His INSTITUTES of Eloquence.
23
{
by all Means, our intimate Friend; fo that the Pains
he takes may not be a Matter of Buſineſs, but of Affec-
tion; and thereby he never fhall get into a Crowd,
A Mafter, let him have but a moderate Tincture of
Learning, will, for his own Credit, cheriſh Appli-
cation and Genius where-ever he finds them. But
fuppofing that we ought to avoid very great Schools,
(a Point, I cannot agree to when the Numbers are
drawn together by the Merits of the Maſter) it will
not follow, that we are to condemn all public Schools.
To condemn them all, is one Thing; and to chufe
the beſt, is another. Having thus, I apprehend, an-
fwered all Objections to public Schools, I will now
give my own Sentiments.
In the firſt Place, the future Orator, who, we muſt
fuppofe, is to be in public Life, and in all the Buftle
of Buſineſs, ought, from his Childhood, to be habi-
tuated with Company, without pining in Shades and
Solitude. The Man who languifhes in Retirement,
and rufts, as it were, in Obfcurity, always requires to
be rouz'd and puſhed on; or he takes an oppofite
Turn, and fwells with vain Conceit; for the Man
who never compares himſelf with another, naturally
over-values himſelf. When he has Occafion to
practiſe what he has ftudied, he ftumbles in broad
Noon-Day; he is ſtartled at every new Object; and
the Reaſon is, that he has ftudied in private what
he is to practiſe in public.
I fhall but just mention the Friendſhips that are
contracted by a public Education, and which are
cemented with fuch inviolable Affection that they
continue in full Force even in old Age. For nothing
is more endearing than for Men to have been in-
itiated together in the fame facred Myfteries of
Learning.
C 4
How
24
M. FABIUS QUINCTILIANIUS
Book I.
How fhall the Man who feparates himſelf from
Society, which not only Men, but even Brutes na-
turally affect, ever attain to what is called The Know-
ledge of the World?
I am farther to obferve, that a domeftic Educa-
tion confines the Scholar to what he alone is taught;
but in a School, he may likewife learn what others
are taught. He will have hourly Opportunities of
being inftructed, of being fet right, of profiting by
the Reproaches of fome, and of rivalling the Praifes
of others. He will think it difgraceful to yield to
his Fellow, and glorious to out-do his Superior.
All theſe Circumftances are Incentives to the Mind;
and, though Ambition in itſelf is a Vice, yet it is
often the Parent of Virtues. I remember my Maf-
ters obferv'd a Cuftom that had its Advantages. For
they diftributed their Scholars into Forms, and in
repeating their Leffons, they took Place of one ano-
ther according to the Meaſure of every Boy's Profi-
ciency; and thus every one of us had an Opportunity
of advancing in Proportion to our Improvement.
This Point of Precedency was ſeriouſly canvaffed;
each Boy fought hard for every Place he took;
and his Ambition was crowned when he became
Head of his Form. But he had more than one
Chance for this. For if he miffed it once, he had
that Day Month, an Opportunity of another Chal-
lenge. Thus the head Boy never grew remifs thro'
Succefs; and the others eagerly wifhed for an Op-
portunity to retrieve their Honour. So far as I can
be a Judge, this Method was a fharper Spur to our
Application, than were all the Lectures of our Maf-
ters, the Cares of our Tutors, or the Wiſhes of
our Parents.
But
BOOK I. His INSTITUTES of Eloquence. 25
But as Emulation is ferviceable when we have
made fome Proficiency in Learning, fo even the
youngeſt Beginners find it more agreeable, becauſe
it is more eaſy, to imitate their School-fellows than
their Maſters. For it can fcarcely be fuppofed, that
Children, when in the firſt Rudiments of Learning, will
dare to afpire to the very Summit of it all at once;
they will chufe rather to cling to what is next them,
and, like Vines twining round Trees, by firft em--
bracing the lower Branches, they will equal the high-
eft. This Obfervation is fo true, that the Maſter,
who prefers what is ferviceable to what is fhowy, will
make it his Buſineſs, while the Mind is yet unform❜d,
not to overburthen the Weakneſs of the Scholar,
but to manage his Abilities, and accommodate him-
felf to his Capacity. For as the Mouth of a Veffel,
when narrow, daſhes afide the Liquor that is haftily
poured upon it, but receives it when it is convey'd
into it gradually, and, as it were, Drop by Drop, till it
is full, thus great Attention ought to be paid to
the Dimenſion of a Boy's Capacity. For Matters of
difficult Conception cannot enter into the Under-
ſtanding of a Boy before it is dilated and open. It is
therefore expedient to affociate him with thofe Com-
panions, whom he is firſt to imitate, and then to out-
do; and thus he gradually will give Hopes of his
arriving at Excellency.
'Let me add farther; that Maſters, when they have
but one Pupil to inftruct, do not convey their Inftruc-
tions with that Spirit, that Efficacy, that Energy,
as when they are prelecting to Numbers. For they
are then animated, and Animation is the most con-
fiderable Property of Eloquence. The Imagination
muſt be touch'd, it muft ftrike out Pictures of Ob-
jects, and draw them fo lively as to be taken for
Realities,
26 M. FABIUS QUINCTILIÀNUS
BOOK I.
Befides, the more
Realities, and for Nature herſelf.
fublime and, elevated Imagination is, the more power-
ful are the Springs that impel its Motions; Glory
therefore gives it Greatnefs, and Enterprife, Strength;
and its Joy confifts in being ftill intent upon fome
noble Attempt. A Man feels a certain fecret Indig-
nation rife within himſelf when he employs upon a
fingle Auditor thofe Powers of Speaking which he
fo laboriouſly has acquir'd: He thinks it ridiculous
to raiſe his Manner above what is required in ordi-
nary Converſation. And, in Fact, let a Man figure
to his own Mind, an Orator declaiming, or a Speaker
haranguing, his Motions, his Utterance, the vehe-
ment Agitations both of his Mind and Perfon, his
Extafies, and, to mention nothing elfe, the Fatigue
he undergoes, and all this to a fingle Hearer, could
fuch a Speaker be looked upon as being better than a
Madman? Were every Audience to confift of a
fingle Hearer, there would be no fuch Thing as
Eloquence upon Earth,
CHA P. III.
Concerning the Symptoms of Genius in a Boy-The Ma-
nagement of his Capacity-His Diverfions-That
Boys never ought to be beaten.
A
N able Mafter, as foon as a Boy is deliver'd
over to his Care, will examine his natural
Capacity and Difpofition. In Children, the chief
Symptom of Capacity is Memory. Its Properties
are twofold; a ready Conception, and a firm Re-
3
ten-
Book I. His INSTITUTES of Eloquence.
27
tention. The next Symptom is Imitation; for that
too is the Property of a docile Nature; but with this
Reſtriction, that it be underſtood of a Boy's happily
expreffing thoſe Matters he is learning, and not a
Man's Manner or Walk, or fome Peculiarity about
him that is perhaps ftill more ſtriking. I have no
great Opinion of any Boy's Capacity, whofe whole
Aim is to raiſe a Laugh by his Talent of Mimickry.
For, with me, the virtuouſly diſpos'd Boy is the only
ingenious one: Becauſe I look upon a mischievous
Difpofition to be worſe than a flow Capacity. Now
a Boy, virtuouſly difpos'd, is very different from a
Dunce or a Blockhead. Such a Boy, as I chufe, will
readily learn what is taught him; he will fometimes
be inquifitive, but ftill he will rather follow than
anticipate. It feldom happens, that a premature
Shoot of Genius ever arrives at Maturity. Such are
they who are dexterous in little Matters, and puſh'd
on by Impudence; the whole Extent of their Power is
feen all at once. They, however, fucceed fo far that
they ftring Words together, and with an Affurance of
Face, without being under the leaft Apprehenfion
thro' Modefty, they pour them out. Their Per-
formance is inconfiderable, but it is quick. Their
Virtues are not of the true Kind; the Roots of their
Knowledge have not a deep Hold; like Seed that is
ſprinkled upon the Surface of the Ground, they foon
ſhoot out; and like Stalks that only feem to pro-
miſe Corn, they ripen and rot, without being fit for
reaping. We are pleafed with fuch Proficiency in
fo young a Creature; but it is foon at a Stand, and
then our Admiration is over,
When a Mafter has obferved all thefe Appearances,
he can foon judge in what Manner the Capacity of
his Pupil is to be manag'd. Some are indolent un-
lefs
28 M. FABIUS QUINCTILIANUS
BOOK I.
lefs they are puſh'd on; fome difdain to be com-.
manded; Fear awes fome, and difheartens others;
fome hammer out their Learning, others ftrike it
out at a Heat. Give me the Boy who rouſes when
he is prais'd, who profits when he is encourag'd,
and who cries when he is defeated. Such a Boy will
be fired by Ambition; he will be ftung by Reproach,
and animated by Preference; never fhall I appre-
hend any bad Confequences from Idlenefs in fuch a
Boy.
Mean while, all Boys require fome Relaxation
from Study; not only becauſe we know nothing that
can bear with perpetual Application, (and even cer-
tain inanimate and fenfeleſs Things require to be un-
bended in order to preſerve their Elafticity,) but be-
caufe Application to Learning depends upon the In-
clination, which is a Thing that is not to be com-
pelled. For this Reaſon, the Minds that generally
refift Compulfion, when refreſhed and repair'd,` re-
turn to Study with double Vigour and Keenneſs.
Neither am I difpleas'd with a Boy who is fond of
Diverfion; for even that is a Sign of Sprightlineſs;
and when I fee a Boy always four and always ferious,
I never can think that he will purfue his Studies with
any Spirit, when, at the Time of Life which Nature
has chiefly fitted for the Love of Diverſion, he is dull
and indifferent about it. A Mean, however, is to be
obferved in this Refpect; for a total Prohibition of
Diversions may give a Boy an Averfion to Learning,
and too frequently exercifing them may bring him
into a Habit of Idlenefs. Some Kinds of Diverfions,
however, are proper for improving young Minds;
for Inftance, when they challenge one another upon
little Questions. Befides, in fuch Sorts of Diver-
fions Boys difcover their natural Difpofitions; for I
obferve
BOOK I. His INSTITUTES of Eloquence.
19
obferve there is no Age fo tender as not inftanta-
neouſly to learn what is good and what is bad; and
the beſt Time for forming it is, when a Boy is inca-
pable of Deceit, and when his Difpofition is moſt pli-
able to his Mafter's. For evil Habits, when they
once fettle, are more eaſily broken than mended.
We cannot therefore begin too early to inculcate upon
a Boy that he is to do nothing thro' Selfiſhnefs, thro'
Malice, or Paffion: And we are always to carry in
our Minds what Virgil fays;
(a) Train but the tender Age, you form the Man.
I am by no means for whipping Boys who are
learning, tho' I know it to be a general Practice,
and that Chryfippus is not against it. In the first
Place, there is fomewhat that is unfeemly and flaviſh
in the Practice; and it muſt be own'd, that, if you
ſuppoſe them to be fomewhat grown up, it is af-
frontive to the higheſt Degree. In the next Place, if
a Boy's Genius is fo illiberal as to be Proof againſt
Reproach, he will, like a worthlefs Slave, become
infenfible to Blows likewiſe. Laſtly, if a Maſter is
affiduous and careful, there will be no Occafion to
ufe Force. The Negligence that prevails at preſent
amongſt Tutors is fuch, that, inſtead of obliging a Boy
to do his Buſineſs, he is puniſhed for not doing it.
Let me juft add; when you whip a young Boy for
his Faults, how are you to treat him when he grows
up to be a Youth, when he will be above all Fear of
fuch Chaſtiſement, and when his Studies are of
greater Difficulty? I fhall only obferve farther, that
while a Boy is under the Rod, either Pain or Fear
often occafions Indecencies too fhocking to be men-
tioned and offenfive to Modefty. The Shame of this
(a) Orig. Adco in tencris cenfusfere multum eft.
dejects
30 M. FABIUS QUINCTILIANUS
BOOK I
dejects and difpirits them, makes them fhun being
feen, and even weary of their Lives. Now, if a Neg-
ligence fhould prevail in chufing Men of Virtue for
Tutors and Preceptors to Youth, I ſhould bluſh to
fay to what ſhameful Abufe fome worthlefs Fellows
may carry this Practice of whipping Boys; while
others fometimes, infamously, may take advantage of
the poor Wretch's Fears. I fhall fay no more upon
this Head; the Reader will but too easily compre-
hend what I mean. Mean while, it is fufficient for
me to hint, that no Man ought to take too much Li-
berty with an Age ſo tender and fo liable to Injury.
I fhall now proceed to lay down the Arts neceſſary
for the Pupil who is to be thus inftructed, ſo as that
he may become an Orator, and mark out in what
Manner they are to be purfued in the different Stages
of Youth.
CHA P. IV.
Encomium upon Grammar--The three Properties of Stile,
viz. Correctness, Perfpicuity and Elegance-The Pro-
perties of a DifcourfeOf Orthography.
W
HEN a Boy is able to read and write, he is
immediately put under the Care of a Pro-
feffor (b) of Claffical Learning. It makes no Dif-
ference here whether the Language he is to ftudy be
Greek or Latin; tho' I am of Opinion he fhould be-
gin with Greek. Both are to be ftudied in the farne
(b) Profeffor] Orig. Grammaticis. But it is plain from the whole
Scope of our Author's Difcourfe, that he means not a Grammarian
in the Senſe we take the Word, but a Profeffor of claffical Learn-
ing.
Man-
Book I. His INSTITUTES of Eloquence.
31
Manner. Now this Profeffion is divided at firft into
two Branches; Correctnefs of Stile, and the Expli-
cation of the Poets; a Divifion which is of
a Diviſion which is of greater
Importance than it appears at firſt to be. For, in or-
der to write well, we are fuppofed to ſpeak well, and
we muſt read the Poets correctly before we can ex-
plain them, and all muſt be guided by critical Judg-
ment. In this reſpect the antient Profeffors were fo
rigorous, that they took upon them not only to cen-
fure particular Paffages, and to remove fuppofiti-
tious Books as a fpurious Brood intruding into a Fa-
mily; but they made an Arrangement of Authors,
allotting to fome an ordinary (c) and to others an ex-
traordinary Degree of Merit. Neither is it enough
that a Profeffor has read the Poets; he ought to
canvass every Species of Writing; not only on ac-
count of the Narrative, but the Words, which often
derive their Force from the Author who uſes them.
Without fome Knowledge of Mufic, a Profeffor can-
not be accompliſh'd, as he will have occafion to treat
of Meaſures and Numbers; and without Aftronomy
he cannot underſtand the Poets, who (to give only
one Inſtance) ſo often mark the Seafons by the riſing
and ſetting of the heavenly Bodies. We fee, almoſt
in all Poems, a vaft Number of Paffages relating to
(c) Ordinary] Orig. Auctores alios in Ordinem redegerint, alios
omnino exemerint Numero. Monfieur Rollin, who publiſhed, and the
Abbé Gedouin, who tranflated our Author, underſtand this Paffage,
as if Quinctilian meant that the Grammarians had arrang'd fome
Authors into their feveral Claffes and had wholly excluded others
from the Name of Authors. But we have a very great Authority,
that of Prifcian, who tells us that the Expreffion in ordinem redigere
fignifies the fame as we fay, in an English Military Phraſe, to turn a
Man down into the Ranks from being an Officer, and è Numero exi
mere, is to raiſe a Man above the Ranks. This, notwithſtanding the
Objections of the above two Gentlemen, is a natural and eafy
Senfe of the Words, and much better than what they have given.
the
32
M. FABIUS QUINCTILIANUS BOOK I.
the moſt abftrufe Points of natural Philofophy; be-
fides, Empedocles amongst the Greeks, and Varro and
Lucretius amongſt the Latins, have laid down Syſtems
of Philoſophy in Verfe; therefore, a Profeffor muſt
not be ignorant of that kind of Learning. He muft
likewife poffefs no common Degree of Eloquence in
order to exprefs himſelf with Propriety and Perfpi-
cuity upon all the feveral Points I have here men-
tion'd. It is therefore intolerably impertinent in
fome, to treat this as a dry, trifling Profeffion; for
unleſs the future Orator lays his Foundation deep in
the Liberal Arts, all the Superftructure he ſhall after-
wards raiſe upon it, muft tumble to the Ground.
In fhort, this Profeffion is to the Young a neceffary,
and to the Old an agreeable, Affiftant in retir'd
Study; and is perhaps the only Branch of Learning
that has in it more of the folid than of the ſhowy (d).
'But to proceed. Stile ought to have three Proper-
ties; Correctneſs, Perfpicuity and Elegance. For
Propriety, which is the main Confideration, is now ge-
nerally comprehended under the Head of Elegance.
As theſe three Properties have three Faults directly
their Reverſes, they muſt be examin'd by the Rules
of correct Speaking, which is the firft Purpoſe of
Grammar. This is expreffed in Words either ftand-
ing fingle or connected with others. I now mean a
WORD in its general Senfe; for under that a double
Senfe is imply'd; the firft fignifying Words as con-
necting together a Sentiment. As Horace fays,
Verbaque provifam rem non invita fequuntur.
"And Words will anfwer when the Mind con-
ceives."
(d) What immediately follows here in the Original, though
very uſeful to a Latin Orator in Quintilian's Time, can be of no
Service to a Britiſh one, and therefore I have followed Monfieur,
Rollin's Example in omitting it here.
The
Book I. His INSTITUTES of Eloquence.
33
The other Senfe is when they ftand disjunctively;
as, I write, I read. In order to clear up any Con-
fufion in this Matter, fome chufe to mark the feve-
ral Senfes under which Words may be rang'd by
the Terms Words, Expreffions, and Modes of Speech.
Now every Word is native or foreign; radical or
compofite; fimple or metaphorical;
common or
coin'd. One is more apt to apply a fingle Word im-
properly than properly. For a Word, however pro-
per, beautiful and ſublime, it may be, when connected
with others in a Sentence, yet may lofe all theſe
Characters when it ſtands detach'd from its Connec-
tion with the reft of the Sentence or the Order of the
Difcourfe.
Certain Rules are to be obferved in Speaking, and
others in Writing. Now Language confifts in Ra-
tionality, Antiquity, Authority and Ufage. Its Ra-
tionality depends chiefly upon Analogy, and fometimes
upon Etymology. Its Antiquity recommends itfelf
by a certain Majefty, and, what we may call, Re-
verence. Its Authority is to be deriv'd from Orators
or Hiftorians. As to Poets, they are fometimes under
Compulfion by the Nature of their Verfe; tho' fome-
times without any fuch Compulfion, they prefer one
Manner of Expreffion to another. As in Virgil; Imo
de ftirpe recifum; and Aëria quo congeffere Palumbes;
and Silice in nuda, and the like. Now, the Judgment
very great Men in Point of Eloquence ftands in
Place of a Rule, and it is glorious to offend a-
gainſt Grammar, when the Offence is authoriſed by
fuch Leaders. The common Ufage of learned Men,
however, is the fureft Director of Speaking; and
Language, like Money when it receives the public
Stamp, ought to have a Currency.
of
As to Words recovered from Antiquity, they not
D
only
34
Book I.
"M. FABIUS QUINCTILIANUS
only have many Partifans, but it muſt be own'd that
they give to a Stile a pleaſing Air of Majefty. For
they borrow their Authority from Age; and by be-
ing fo long difufed, they have the Graces of No-
velty. But we muſt be moderate, nay fparing, in
the Uſe of them; neither muſt they be too antiquated;
for nothing is more difgufting than Affectation.
Nor ought they to be fuch as are brought from the
remoteft and moft obfolete Times ; for Inftance,
Topper, (e) Antigerio, Exantlare, Profapia; nor fuch as
the Salian Verſes are compofed of, which are unin-
telligible even to their own Priefts; but the Rites
of Religion will not fuffer them to be alter'd; and
they muſt be made uſe of becauſe they are hallowed.
But how wretched muft that Stile be that requires.
an Interpreter, fince the greateſt Excellency of Stile
is Perfpicuity. Therefore, as of our new Words the
oldeſt are the beſt, ſo, of our old Words, the neweſt
are the most defirable.
The fame Obfervations hold with regard to Au-
thority. For tho' we think that we can never err
while we make uſe of the Words that have been uſed
by the greateſt Authors, yet it is of great Importance
for us to obſerve not only what they faid, but what
they taught. For nobody would now endure the
Words (f) Tuburcinabundum or Lurcabundum, with the
Authority even of Cato on their Side; nor hos Lodices,
tho' a favourite Phrafe of Pollio; nor Gladiola, tho'
ufed by Meffala, nor Parracidatum; which appears
uncouth even in Celius; nor can even the Example
of Calvus reconcile me to Collos; and were theſe.
great Men now alive, they would not make ufe of
fuch Words.
(e) Topper fignified "quickly," antigerio "very."
One who eats by Stealth, and one who eais voraciously.
I am
BOOK I. His INSTITUTES of Eloquence.
35
I am now to ſpeak of Ufage; for it would be ex-
tremely abfurd, if we were to prefer the Language
which Men did ſpeak to that which they now ſpeak.
And, to ſay the Truth, old Language is no other
than the old Ufage of Speaking. But even this re-
quires Confideration, and we muft in the first place
have a clear Conception of what is meant by the
Term, Ufage. Now, if you affix that Term to a ge-
neral Practice, you endanger not only your Language,
but (what is more valuable) your Morals. For
where can you find Virtue ſo prevalent as to have the
Majority of Mankind for her Followers? Therefore,
pulling up the Hair. by the Roots; curling it into
Stories; exceffive Drinking in Bagnios, tho' they are
now the Mode in Rome, will not hereafter be ac-
counted amongſt our Ufages, becauſe they are all of
them Practices that are liable to Reproach; but
Waſhing, Shaving and Dining are Ufages. Thus in
Speaking, a vicious Habit, however general it may
be, is not to be taken for the Rule of Language.
For, not to mention how unfkilfully the common
People ſpeak, don't we daily hear the barbarous Ex-
clamations of whole Theatres, and the Vulgar of the
Circus? I therefore look upon the general Practice of
the Learned to be the Ufage of Language, in like
manner, as the general Practice of the Virtuous is to
be confidered as the Ufage of Life.
Having thus laid down Rules for Speaking, I now
come to mention thofe for Writing. The Greeks call
this opoypage, and we term it the Art of Writing
ορθογραφια
properly. For my part, excepting where Practice
has order'd it otherwife, I think every Word ought
to be written juft as it founds. For the Ufe of Let-
ters is to preſerve the Words, which, like a Depoſit,
are to be fully prefented to the Reader: and there-
D 2
fore
36 M. FABIUS QUINCTILIANUS Book I.
fore they ought to exprefs what we are about to
fay.
Such, in general, are the Ruies for Reading and
Speaking correctly. As to the two other Heads,
thoſe of ſpeaking with Energy and Propriety, tho' I
am far from excluding the Grammarian from han-
dling them, yet as I am yet to treat of the Duties of
a public Speaker, I referve them to a more elaborate
Difcuffion,
I cannot, however, help once more recollecting,
that fome People will think all I have faid is too mi-
nute, and may be a Hindrance, inſtead of a Help, to
thoſe who aim at higher Studies. But I am far from
being of Opinion that a Student ought to dip into all
the Scruples and Quirks of Grammar; and I believe
it is by theſe only that Genius is pinch'd and minc'd
away. I am therefore to obſerve, that, in this Study,
nothing but the Superfluities of it are hurtful. Does
Marcus Tullius make the meaner Figure as an Orator,
becauſe he beſtowed a great deal of Pains upon this
Art, and becauſe, as appears from his Letters, he ri-
gorously infifted that his Son fhould always fpeak
with Propriety? Was the Spirit of Caius Cafar
cramp'd by the Treatifes he wrote concerning Ana-
logy; or is the Genius of Meffala lefs brilliant becauſe
he wrote fo many Books not only upon fingleWords,
but fingle Letters? Studies of this Kind never ob-
ſtruct thoſe who take them in their Paffage, but thoſe
who dwell upon them.
CHAP.
BOOK I. His INSTITUTES of Eloquence. 37
CHA P. V.
Concerning the Reading that is proper for a Youth at
I
School.
AM now to ſpeak of Reading: But here Prac-
tice alone can inform the young Gentleman,
where he ought to take Breath; where he is to lay
the Accent in a Line; where he is to finiſh one
Period or begin another; when he is to raiſe, and
when to lower, his Voice; and at every Turn to
know when to ſpeak flow or quick, with Spirit or
with Softneſs. I fhall, however, upon this Head,
recommend one general Rule, in order to enable him
to do all I have mention'd; which is, Let him under-
ftand what he reads. When he reads a Poem, let his
Pronunciation be manly; let it be ferious, but not
without a certain Sweetnefs: without any thing in
it that is profaic; becaufe a Poem is a Song; and
Poets themſelves tell us that they fing. Yet let this
Harmony be without any of thofe Quaverings or
Meltings that are now fo much in Practice. We
are told of a very juft Obfervation made by Caius
Cafar, upon this Head, when he was but a Youth:
(a) If you are reciting, faid he to one, you recite moft
wretchedly; if you are reading, you recite. Neither am
I of Opinion with thofe who require a theatrical
Manner of delivering Speeches in Plays or Poems ;
(a) If you] Orig. Si cantas, male cantas; fi legis, contas. Tho'
the Wit of this Paffage is obvious, yet it is not quite eafy to
tranflate it properly. The Cantatio was a Kind of Recitative in
which the Romans read Poems; the Lectio was apply'd to Profe
Writings.
D 3
and
38
BOOK I.
M. FABIUS QUINCTILIANUS
and yet they ought to be fpoken with fuch a Ca-
dence as may diftinguish them from what the Poet
fays in his own Perfon.
Great Care is to be obferved with Regard to what
remains. In the firft Place, that tender Minds,
(for every Thing makes a deep Impreffion upon them
while they are yet rude and uninformed) learn not
only what Eloquence, but what (b) Virtue, is. For
this Reafon it is extremely proper that they begin
with reading Homer and Virgil; but a riper Judg-
ment is required to underſtand all their Beauties; for
they are to be read over more than once. Mean-
while, the Sublimity of Heroic Verfe elevates the
Soul, it derives freſh Vigour, it imbibes virtuous
Principles, from the Importance of the Object.
Tragedies are uſeful; and Lyric Poets too; pro-
vided, you not only felect your Authors, but the Paf
fages in the feveral Authors. For we meet with
many lewd Paffages in the Greek Authors; and I
think fome Things in Horace ought not to be ex-
plained to a young Gentleman.
As to Elegies,
eſpecially Love ones, and obfcene Hendecafylla-
bles, too fhocking to be particulariſed here, let
the young Gentleman be kept from them if poffi-
ble; at leaſt till he is more advanced in Years
and Strength. As to Comedies, I fhall foon have
a proper Opportunity to mention the Service they
may be of in his Education, becauſe they contribute
greatly towards Eloquence, as reaching to all Ranks
and Characters of Men. When they are moral,
young Gentlemen can read nothing that is more
(b) Virtue] The Original is, non modo que diferta, fed magis
que bonefta, funt, difcant. In this Senfe, Honeftum, according to
Burman, does not fignify being virtuous, but elegant, genteel, what
18 becoming a Man of Quality.
2
im-
BOOK I His INSTITUTES of Eloquence.
39
improving. I fpeak here of Menander, chiefly, tho’
I don't exclude others. For we have Latin Wri-
ters this Way, who are fomewhat improving too.
But Boys ought to ftudy thofe that tend chiefly to
cultivate their Genius and enlarge their Underſtand-
ing. Other Studies, that relate to Learning only,
come in their proper Time.
The Latin Poets, however, are very profitable
for a School-Boy; though they excel not through
the Force of Art, but of Genius. You may meet in
the firſt of them with Freedom of Expreffion; their
Tragedies are diftinguifhed by a Pathetic, their Co-
medies by an elegant Diction, and by an Attic Turn
of Wit. The Difpofition of their Story too is more
artful than what is found in the Works of the Mo-
derns, who reft the whole of their Merit upon Sen-
timent only. I will likewife venture to affirm, that
we muſt have Recourfe to them for Elevation and
Manliness of Thought, as I may call it; fince
we, at the Time we degenerated from true Eloquence,
plunged ourſelves into every Kind of Effeminacy and
Immorality. In fhort, we ought to be guided by the
Practice of eminent Orators, who have Recourſe to
antient Poets either to ſtrenghthen their Pleading or
to embelliſh their Eloquence. For this Practice, I
appeal to the great Authority of Cicero; and often
we fee Afinius and his Equals, or immediate Suc-
ceffors, quote Paffages from Ennius, Accius, Pacuvius,
Lucilius, Terentius, Cæcilius, and others; not to diſplay
their own Learning, but to relieve their Hearers,
when their Ears, tired out with the Wrangling of
the Bar, required to be relieved by the Charms of
Wit. This Practice was of great Service to their
Caufes, when the Sentiments of the Poet ferved
D +
as
40
Book I.
M. FABIUS QUINCTILIANUS
fo many Evidences for what was advanced by the
Pleader. But my firſt Obfervation, on this Head,
is chiefly applicable to Boys, my laſt to Men;
as the Love of Learning and the Practice of Read-
ing lafts not only while we are at School, but
while we are in Life.
The Grammarian is to attend to many minute
Points, in the Courſe of his Teaching. While his
Pupil is reading a Poet, the Mafter is to make him
conftrue the Line, and unbrace the Verfification, and
give an Account of the Properties of the ſeveral
Parts that compofe it; which laft Practice is al-
ways neceffary in poetical, and fometimes in profe,
Compofitions. The Scholar ought likewife to be
put upon finding out what Expreffions are barba-
rous, what are improper, and what are uncouth
or ungrammatical; not with a View of diſparaging
the Poet, who generally is a Slave to Rhymes, and
therefore, pardonable, (for real Faults lofe their Name
in Compofition, and hence the Terms of Meta-
plafmos, Schematiſmos, and Schemata, were invented to
make a Virtue of Neceffity) but to point out the
feveral Liberties a Poet is indulged in, and to ex-
erciſe his Memory.
It is, likewife, proper for the young Student to
be inftructed as to the feveral Significations which
Words may admit of. He is likewiſe to give a
peculiar Attention to Words that are fallen in De-
fuetude, and feldom to be found but in the Dictio-
nary. Above all, he ought to be careful in making
him Maſter of the feveral Topics, which are the
Ornaments not only of a Poem, but of a Pleading;
and to inftruct him in the two Figures, the one
relating to Words, the other to Sentiments; which
two
BOOK I. His INSTITUTES of Eloquence.
41
two Heads, together with that of Tropes, I refer
to their proper Places, when I come to treat of
the Embelliſhments of a Difcourfe.
But nothing is ſo neceffary as to make him fully
fenfible, what Powers there are in a juft Structure,
in a graceful Difpofition, and in the Propriety of
Characters; where the Beauty lies in Sentiment,
where in Expreffion, where the Stile ought to be
diffuſed, and where contracted.
To this may be added, Hiſtorical Details, which
ought to be extremely exact, but not carried into
any needlefs, uſeleſs, endleſs Difquifitions. It is
fufficient if it is proved that the Facts are received or
recorded by eminent Authors. For a Mafter to
be taken up in canvaffing what every defpicable
Fellow has advanced, difcovers either a great Bar-
renneſs of Judgment, or a great Meaſure of Vanity;
befides, it hampers and fmothers a young Gentle-
man's Genius, which might otherwife be much
more ufefully employed. For the Man who is at
Pains to turn over every Page of Hiſtory that is un-
worthy even of being read, fuch a Man is capable
of writing Commentaries upon old Womens Goffip-
ping Stories. Now the Common-place Books of Pro-
feffors are very often fill'd with fuch impertinent
Stuff, without the (c) Authors themfelves being
fen-
(c) Authors] Orig. Atqui pleni funt ejufmodi Impedimentis Gram-
maticorum Commentarii, vix ipfis qui compofuerunt fatis noti. Burman,
upon this Paffage, gives us a very extraordinary Specimen of his
critical Capacity.
"We cannot, fays he, fuppofe a Man to for
get what he has wrote, therefore inflead of Noti we are to read
Notis, and then the Senſe will be, that the Grammarians don't
know what Obstruction fuch impertinent Stories bring to Study."
But Quinctilian happens to tell the Story of Didymus on purpole to
fhew that a Man, by writing too much, may forget what he has
wrote.
42
M. FABIUS QUINCTILIANUS
BOOK I.
fenfible of it. Didymus, one of the moſt voluminous
Writers ever lived, fell into that Blunder; for after
he had run down a Story as being utterly improba-
ble, he was fhewn that very Story in one of his
own Books. This happens chiefly to thoſe who deal
in ridiculous, ſhameful, Anecdotes. Every impudent
profligate Fellow gives himſelf the Liberty of lying
as much as he fees proper; for he thinks he may do
it with Safety, when he quotes, for what he advances,
Books that never were wrote, and Authors that never
exiſted, and therefore cannot be found. For fharp-
fighted Critics often detect them when they appeal
to Authors that are known. Upon the whole there-
fore, I muſt reckon it amongst the Excellencies of a Pro-
feffor, TO BE IGNORANT OF SOME THINGS.
CHAP.
VI.
Of the first Exercises of a young Gentleman after being
entered upon his 'Studies.
H
AVING run through two Divifions of this
Profeffion, the one regarding the Art of
Speaking, the other the Explanation of Authors;
the firft of which relates to Method, the latter to
Hiſtory, we are now to add certain Rudiments of
Eloquence for the Ufe of thofe Pupils who are yet
too young to enter upon the Buſineſs of an Orator.
In the first place, let them tell the Fables of Æsop,
as foon as they have done with the goffipping Stories
of their Nurfes, in a fimple plain Manner, and then
wrote, and thereby fall into Inconfiftencies; and it was no Wonder
if this was the Cale of Didymus, for we are told that he wrote na
fewer than 3500 Volumes.
let
BOOK I. His INSTITUTES of Eloquence,
43
let them (a) endeavour to better that plain, fimple
Manner, by reducing them to Writing. As to Poetry,
let him firſt analyſe the Lines, then explain them in
other Words, and then give a free Paraphrafe of
them, in which he is at Liberty to contract or en-
large as he fees proper, provided he keeps to the
Senfe of the Poet. This is aTaſk difficult to accom-
pliſhed Profeffors themfelves, and the Boy who fuc-
ceeds in it tolerably well, is equal to any Study. Let
the Profeffor then put his Pupil upon writing Senti-
ments, Chrias, or uſeful Stories, and ſtriking Charac-
ters, and let him give an Account of the Occafions
and Reaſons why they were done or faid, becauſe
they are a Part of Learning. The fame Principle
runs through all the three, though the Manner in
each is different. A Sentiment ought to be univer-
fally true: But the Character is applicable oniy to
a Man. As to the Stories, we have ſeveral Kinds of
them. One Kind of them is in the Nature of a Sen-
tence, and confifts of a fimple Expreffion; for Inftance,
he ſaid, or, be uſed to ſay. Another is by way of
anfwering; being examined, or, when he was told that,
bis Anfwer was. The third is pretty much of the
fame Kind, as if a Man were not to fay, but to do, a
good Thing; (for a Chria may lie in the Action
too) When Crates far an ignorant Boy, he ftruck his
Tutor. There is another Kind pretty fimilar to this;
(a) Let them endeavour] Orig Deinde candem gracilitatem fylo
exigere condifcant. The Dutch Commentator Burman, and Mr.
Rollin the French Editor, are of very oppofite Sentiments with Rc-
gard to the Meaning of this Paffage. The latter thinks that the
Author's Meaning is, that the Boy fhould reduce what he had told,
to Writing; the former, that he ought to diſcharge or unlearn the
fimple Stile of Speaking by Writing a better. I am ſomewhat
inclined to be of the Dutchman's Opinion, but have tranflated the
Paffage in a Seafe which anſwers both Purpoſes.
but
44 M. FABIUS QUINCTILIANS
Book I.
but we don't venture to term it a Chria, but a
Kpeindes. Milo, after accuftoming himself to carry a Calf,
carried a Bull. All theſe are pretty much of the
fame Form, and begin in the fame Manner, confifting
equally in Actions as Words. As to the little Stories
that are taken from the Poets, I am of Opinion that
a Boy ought to learn them, not to improve his Man-
ner of Speaking, but his Underſtanding. Other
Things there are of greater Importance and Difficulty,
which the Latin Orators have relinquished, and are
therefore thrown upon the Profeffors of Grammar.
But the Greeks are better Judges of the Weight and
the Exerciſe of their Art.
CHAP. VII.
That Boys ought to be grounded in feveral Arts before
they are put under the Care of a Profeſſor of Rhetoric.
-An Enquiry whether fuch Arts are necessary for
the future Orator.
I
HAVE now, with all poffible Brevity, fpoken
of the neceffary Parts of Grammar, for it would
be an endleſs Matter to pretend to exhauft the Sub-
ject. I am next to touch upon other Arts, which,
I am of Opinion, young Gentlemen ought to learn
before they are put under the Care of a Rhetoric
Maſter; and thereby I fhall compleat the Circle of
Science, which the Greeks term Encyclopedia: For
they have feveral Studies to purfue at the fame Time
of Life. Now, as thofe Studies are Arts in them-
felves, and as, without them, a Man cannot be a com-
pleat
BOOK I. His INSTITUTES of Eloquence.
45
GC
66
pleat Orator, though of themſelves they cannot
make him -fuch, fome Queftion may arife whether
they are neceffary to this Work. "For, fay fome,
"what Benefit does a Man receive, when he is to
plead a Cauſe or deliver an Opinion, from know-
ing how to raiſe an equilateral Triangle upon a
given Line? Or will an Orator defend an accuſed
Party, or harangue an Affembly the better for
knowing the Properties and Names of all the
"Sounds and Stops of Mufic?" It is poffible the Gen-
tlemen who talk in this Manner may give Inſtances
of many excellent public Speakers who never attend-
ed a Profeffor of Mathematics, nor know more
of Mufic than the common Pleaſure it gives the
Ear.
66
.
.
Now, in the firft Place, I anfwer thofe Gentlemen
in the Words which Cicero addreffes to Brutus in
his Orator," That I am not forming an Orator,
upon any particular Model either living or dead:
"But I am figuring, in Idea, an Orator compleat
"and all-accomplished." For, as the Stoics, when
they figure a wife Man, require him to be in every
Refpect perfect, and what they call an incarnate
God, and that he fhould be accompliſhed, not on-
ly in the Knowledge of Things divine and hu-
man, but form'd to the Knowledge of Matters,
that, taken by themſelves, are little, and feem
calculated only to gratify Curiofity; not that
Quirks and Quibbles can make a Man wife, but
becauſe he ought not to trip even in the ſlighteſt
Matter In like Manner, Mufic, Mathematics,
and feveral other Arts I could mention, do not
make an Orator, who ought to be a wife Man;
but they affift in compleating one. We fee ſeveral
Medicines and ſpecific Remedies, for Diſeaſes and
Wounds,
1
46
M. FABIUS QUINCTILIANUS
$
Book I.
Wounds, that are compounded of various Mate-
rials, and ſome of them contrary to one another
in their Effects, yet the whole compofing a Mixture
which has not the Quality of any one Ingredient,
but takes its Virtues from the whole; and we fee
how the Bee, from various Flowers and Herbs,
works up the Honey to a Sweetneſs and Flavour
that no human Induſtry can equal. Are we then
to be ſurpriſed that Eloquence, the moft excel-
lent Accompliſhment that Heaven beſtows upon
Man, requires the Affiftance of various Arts, which,
tho' far from appearing or difplaying themſelves
in Speaking, yet have a fecret Operation, and as
it were a filent Effect. Without them, a Man
may be well ſpoken; but I require him to be an
Orator. Thofe Arts may not indeed contribute a
great deal; but where even a little is wanting,
there cannot be Perfection, which, as all agree, is
moft defireable. The Object of an Orator's Am-
bition lies indeed high, and, therefore, I require
him to have every Accompliſhment, that he may
thereby fucceed in having many. But why are
our Hearts to fail us? There is nothing in Na-
ture that renders Perfection in Eloquence unattain-
able; and it is fhameful to defpair, when it is pof-
fible to fucceed.
CHAP.
BOOK I. His INSTITUTES of Eloquence.
47
No
CHAP. VIII.
Of Mufic and its Excellency.
OW I may reft my Opinion upon that of
the Antients. Every one knows that in for-
mer Ages, Mufic, that I may begin with it, was
not only ſtudied but adored, and its Profeffors were
efteemed Prophets and Sages. Were not Orpheus
and Linus (to name no more) believed to be de-
fcended of the Gods? And 'tis told of the firft of
theſe, that he not only quieted and charm'd the Paſ-
fions of Men barbarous and favage, and the Fury of
wild Beafts, but even made the very Stones and
Woods dance after him by the Power of his Mufic.
Timagenes fays, that Mufic is the moft antient of all
Arts. The moſt famous Poets are likewife of the
fame Opinion; for they introduce Muficians at the
Feafts of Kings finging to the Harp the Praiſes of
Gods and Heroes. Thus, in Virgil, Iopas fings,
(a) The ever-changing Moon and rolling Sun.
By which that excellent Poet declares, that the Study
of Mufic is even join'd with the Knowledge of di-
vine Things. If this is admitted, it muft likewife
be admitted to be neceffary to an Orator. Now this
is one of the Parts of the Profeffion of Eloquence,
which according, to my former Obfervation, being
abandon'd by Orators, was feized upon by Philofo-
phers, and therefore falls under my Plan; and with-
out the Knowledge of all fuch Matters there can be
no Perfection in Eloquence.
(a) Orig. Errantem Lunam Solifque Labores.
}
There
48
Book I.
M. FABIUS QUINCTILIANUS
There cannot be a Doubt that fome eminent Phi-
lofophers have ftudied Mufic; for Pythagoras and
his Followers held it as a Doctrine, which was un-
queftionably eſtabliſhed by Antiquity, that the World
itfelf was created upon the Principles of Mufic, and
that thefe Principles were afterwards imitated by a
Harp. And not contented with that Harmony
which ariſes from Sounds differing in themſelves,
they have affigned a Mufic to the Movements of the
heavenly Bodies. For many of Plato's Works, par-
ticularly his Timeus, is unintelligible, without a
thorough Knowledge of this Accomplishment. Need
I to mention Philofophers, the greateſt of whom, So-
crates himself, when an old Man, was not aſhamed to
learn to play upon the Lyre? We are told that the
greateſt of Generals have fung to muſical Inſtruments
of all Kinds, and the Lacedemonian Armies were fired
with Courage by mufical Notes. This is the Deſign
of our having, in our Legions, Clarions and Trum-
pets; and their Sounds are raiſed and ſprightly, as
the Romans are fuperior to all other Nations in mili-
tary Glory. It was not therefore without Reafon
that Plato recommended Mufic as a neceffary Ac-
compliſhment in a civil Magiftrate or a Statefman.
And the Leaders of that Sect which fome thought to
be exceffively fevere, and others cruelly rigid, were al-
ways of Opinion that fome wife Men ought to beſtow
Part of their Time in learning this Accompliſhment.
Lycurgus, who form'd the rigorous Syftem of Lacede-
monian Laws, approved of the Study of Mufic; and
Nature herſelf feems to have beftow'd it as a Gift
upon Man, to enable him to endure Toil with the
greater Readineſs. We fee how Rowers are hearten'd
by Singing; nor does this happen only in thoſe
Works where the Toil of many working at once is
2
greatly
Воок I. His INSTITUTES of Eloquence.
49
greatly alleviated by an agreeable Voice leading up
the Chorus of the whole; for every Man when at
Work, even by himſelf, has his own Song, however
rude it may be, that foftens his Labour.
(a) I have hitherto run out in the Praiſes of this
enchanting Art, but I have not yet fhewn its Con-
nection with Eloquence. I fhall not here enlarge
upon proving that the Studies of Grammar and
Mufic have gone together. For Architas and Arifto-
xenus were of Opinion that Grammar was fubject to
Mufic; and that both Studies were formerly taught
by the ſame Maſter is proved by Sophron, who was
indeed a Writer of Comedies, but they were Co-
medies that Plato was fo fond of, that he is faid to
have had them under his Head when he died. We
are told the fame Thing by Eupolis, where we find
Prodamus teaching Mufic and Learning at the fame
Time; and Hyperbolus, who is diſguiſed under the
Name of Maricas, confeffes that he knows nothing
of Mufic more than the Rudiments of Learning.
Aristophanes too, in more than one Paffage of his
Works, proves that antiently young Gentlemen were
educated in that Manner. And in the Hyperbolimeus
of Menander, the old Man oppofing the Father who
reclaims his Son, amongst the other Expences of his
Education brings in a large Charge for the Money he
had laid out upon his learning Mufic and Geometry.
Thence comes the Cuſtom of preſenting a Lyre round
to the Company after Supper: And Cicero tells us,
that when Themistocles confeffed that he knew nothing
(a) Monf. Rollin obferves very juſtly, that thefe Encomiums upon
Mufic are very high ftrain'd, when apply'd to Eloquences but it is
probable that our Author himſelf was a Performer upon mufical
Inftiuments, and paffionately fond of the Art.
E
of
50
BOOK Ï.
M. FABIUS QUINCTILIANUS
of Muſic, it was thought to be a Defect in his Edu-
cation. It was likewife the Cuſtom among the old
Romans to introduce Flutes and other muſical Inftru-
ments into their Entertainments: And the Verfes of
the Salii are fet to Mufic. As all thefe are Numa's
Inftitutions they evidently prove that our Anceſtors,
rude and warlike as they appeared, were not void of
the Knowledge of Mufic, fuch as it was in thoſe
Times. In fhort, it has become a Proverb amongſt
the Greeks, that the Illiterate have no Acquaintance with
the Mufes and the Graces.
But we are now to treat of the Advantages which
the future Orator may derive from Mufic. This
Art has two Kinds of Meaſures, the one adapted to
the Voice, the other to the Perſon; for Grace and
a good Diſpoſition is defirable in both. The Muſi-
cian Ariftoxenus divided the Management of the Voice
into Notes and Melody ρυθμον and μελις εμμετρον)
the one relating to the Compoſition, the other to
the Tune and the Sounds. Well, it may be faid,
are all thefe Qualifications neceffary for an Orator?
I fay they are. One teaches him to regulate his
Geſtures, another how to difpofe his Periods, and a
third how to manage his Voice; all which have great
Effect in Pleading; unless we ſhould be abfurd e-
nough to think that a juft Difpofition and a fmooth
Turn is only proper for Songs and Tunes, and not
for Pleading; and that Compofition and Cadence
cannot be adapted to the feveral Subjects of a Dif
courſe as well as of a Song. Thus, in either vocal
or inftrumental Mufic, the Compofition of fublime
Subjects is grand; of pleafing, tender; and of mo-
derate, gentle; and thro' the whole, the Notes are
correfponding to the feveral Paffions they exprefs.
Now
Book I. His INSTITUTES of Eloquence.
Now, in Pleading, the Rife, Fall, and the Varia-
tion of the Voice, are managed fo as to touch the
Paffions of the Hearers: By one Difpofition, both of
Words and Voice, we excite the Refentment, and,
by another, the Compaffion, of the Court. We even
find the Affections of Mankind work'd upon by
thoſe Organs of the Body that convey no Sound.
A graceful and juft Motion of the Body (called by
the Greeks supului) is neceſſary and very ſerviceable
to Action, nor can it be acquired by any other Art.
But of this Matter I fhall ſpeak in a proper Place.
To proceed; if an Orator is to take particular Care of
his Voice, what can be more connected with Mufic?
But we are not to anticipate what is to be faid upon
this Head. I fhall here be contented to mention one
Example, that of Caius Gracchus, one of the greateſt
Orators of his Time. While he was haranguing the
People, a Muſician ſtood behind him with a Pipe,
(called by the Greeks Tovopiov) by which he regu-
lated the Tone of his Voice according to its proper
Modulation. This was his conftant Practice amidſt
his turbulent Pleadings; both while he was terrify-
ing the Nobility, and while they terrify'd him.
I fhall here, for the Sake of thoſe who are not
quite well inſtructed, and who are not quite clear-
fighted, leave no manner of room to doubt of this
Matter. It is agreed on all hands that the future
Orator ought to read the Poets. But can that be
done without a Knowledge of Mufic? But (b) if
any one is ſo obſtinate as ſtill to have a Doubt of
this Matter, I can appeal to thofe who have com-
pos'd Poems to the Lyre. I fhould enlarge upon
this Matter did I recommend this Study as being a
(b) The Original is here very much corrupted.
E 2
Novelty.
52
M. FABIUS QUINCTILIANUS
BOOK I.
Novelty. But as the Practice has obtained ever
fince the Days of Chiron and Achilles to this Time
amongst all who are not averfe to a regular Courſe
of Study, I fhall not, by being over anxious in de-
fending it, bring its Utility in queſtion.
But tho', from the Examples I have laid down, I
have fufficiently explained the Kind of Mufic I here
recommend, and how far I judge it to be ufeful, yet
I think it neceffary to declare, without any Reſerve,
that I do not mean thofe effeminate, lafcivious
Quavers that are now introduced upon our Theatres,
and deprive us of the fmall Share of Virility that
flill remains amongst us; but the Mufic by which
Heroes were celebrated; the Mufic which Heroes
themſelves uſed. I do not mean the lewd Airs prac-
tifed upon Flutes and Fiddles, fuch as a young Lady
of any Reputation would be afhamed of; but that
Kind which being founded upon rational Principles,
is of the greateſt Efficacy in raifing or foothing the
Paffions. Thus, we are told that Pythagoras calm'd
the Madneſs of certain young Men who were offering
Violence to a Houfe of Reputation, by ordering a
female Muſician to change her Notes from fprightly
to ſerious; and Chryfippus affigns a certain Air of
Mufic to the Lullaby by which Nurfes ftill their
Children. It is likewife no illiberal Theme for a De-
clamation, if we fuppofe a Mufician to have fung a
Phrygian (c) Air in the Hearing of a Man who was fa-
crificing, but thereby becoming all of a fudden furious
(c) Phrygian Air.) Thefe Airs were the moft fpirited of any
the Antients had. Upon the whole, if we are to judge from Ef-
fects, the ancient Muſic, tho' their Inſtruments were more fimple,
was much more powerful than the modern; or elfe the Antients
had much greater Senfibility than the Moderns.
threw
BOOK I. His INSTITUTES of Eloquence.
53
threw himſelf down a Precipice, and the Mufician to
be accuſed as being guilty of the Man's Death. Were
an Orator to ſpeak upon this Subject he could not
do it without a Knowledge of Mufic; therefore, muſt
not the greateſt Slighters of this Art acknowledge
that Mufic is neceffary to Eloquence, the profeffed
Subject I treat of?
CHA P. IX.
Of GEOMETRY.
OME Part of Geometry is acknowledged to
SOME Part of
be of use to young Students; becauſe it is
allowed, that it exerciſes the Reafon, whets the Un-
derſtanding, and facilitates the Quickneſs of Percep-
tion; but, at the fame time, it is thought not to be
of Benefit as other Arts are, after they are learned;
but to benefit in learning. This is only a vulgar
Notion; and fome very great Men have, with the
moſt rational Views, beftow'd vaft Study upon this
Art. For as Geometry is employ'd upon Numbers
and Menfurations, the Knowledge of Numbers, at
leaſt, is neceffary not only to an Orator, but to every
one who has the leaft Tincture of Learning. But in
Pleadings it is very often of Service. For a Pleader
is looked upon as a Blunderer, not only, if he is at a
lofs in his Calculations, but if even a doubtful or
aukward Motion of his Fingers betrays any Diffi-
dence in his fumming up. As to the other, which
is the practical, Part of Geometry, it is very often
employ'd in Pleadings, for Law-fuits frequently arife
about Boundaries and Menfurations. But Geometry
has a ſtill nearer Connection with the Art of an
Orater.
E 3
Re-
54
M. FABIUS QUINCTILIANIUS Book I.
Regularity, in the first place, is neceffary in Ge-
ometry; and is it not fo in Eloquence? Geometry
proves the Confequences from the Premifes, and
doubtful Propofitions from undoubted Principles.
Do we not practiſe the very fame Thing in Plead-
ing?
For when a Demonftration is to be form'd
from a Number of Premiſes, are they not in the Na-
ture of fo many Syllogifms? You may therefore
hear People allow this Art to have a nearer Relation
to Logic than to Rhetoric. Now an Orator fome-
times, tho' very feldom, reafons logically; and if the
Nature of his Pleading requires it, he makes uſe of
Syllogifms, of the Enthymenia, at leaſt, which is
the Syllogifm of Rhetoric. Then Geometry intro-
duces Proofs which the Greeks call mathematical (@)
Demonſtration: Now, what is more neceffary than
Proof is, to a Pleading?
Geometry likewiſe contains the Principles by which
we know how to diftinguish between a feeming, and
a real, Truth. Thefe Fallacies in Numbers are in-
troduc'd by certain falfe Calculations which the
Greeks term Veudoy papieç (b), and which uſed to divert
us when Boys. But fome other Properties in Ge-
ometry are of greater Confequence. How probable
is the following Propofition? Thofe Spaces that are
bounded by Lines of the fame Dimenfions contain the fame
Quantity of Area. But there may be a Fallacy here;
becauſe it is of the utmoft Confequence to know the
Shape of the bounded Space; and Mathematicians
very properly blame Hiftorians for thinking it fuf-
ficient to deſcribe the Largeneſs of an Iſland by a
Ship's Reckoning while failing round it. For the
(α) Γραμμικαι αποδείξεις.
(b) Fallacius in fubductionibus Rationum.
2
nearer
BOOK I. His INSTITUTES of Eloquence.
55
nearer to Perfection any Figure is, it is the more ca-
pacious. If therefore the bounding Line fhall form
a Circle, which is of all Figures the moft perfect
on a Surface, it will comprehend a greater Area than
if it forms a juft Square. In like manner a juſt
Square is more capacious than a Triangle, and an
equilateral Triangle, than any other. But tho' fome
Matters in this Science may be obſcure, yet I will
bring an Inſtance that will convince the moft Igno-
rant. Every one knows that an Acre, in Length,
meaſures 240 Feet, and 120 in Breadth ; from
whence its Circumference and Contents is eaſily
known. But a juft Square of 180 Feet will be of
the fame Number of Feet with the Acre in Circum-
ference; but its Contents will be much larger. If
the Reader fhould not have Curiofity to make the
Experiment, he may be convinc'd by a ſmaller
Number of Feet. For a Square of 10 Feet makes
40 Feet in Circumference, and 100 Feet of Con-
tents. But an oblong Square of 15 by 5 Feet will
contain only three Fourths of the Area of the juft
Square, tho' the Circumference of both contains the
fame Number of Feet. But fuppofing an Oblong of
19 by 1, the Circumference will be 40 Feet, the
fame with that of the Square of 100 Feet in Con-
tents, but the Contents of the Oblong will only be
as many Feet as it is in Length. Thus, whatever
you take from the Form of a true Square is fo much
loft in the Contents. Nay it may happen that one
Circumference may be larger than another, and yet
have lefs Contents. All this is to be underſtood
of plain Surfaces; for in Hills and Dales, any one
however ignorant may fee their (a) Contents to be
greater than their Covering.
(c) Plus Soli quam Cæli.
E 4
But
56
Book I.
M. FABIUS QUINCTILIANUS
+
But does not Geometry enable us to form a juft
Theory of the World, where we are inform'd by the
fixt and unerring Revolutions of the heavenly Bodies,
that nothing is made at Random or by Chance ?
May not this be of Ufe fometimes to the Orator?
When Pericles by explaining the Theory of Eclipfes
re-affured the Courage of the Athenians, who were ter-
rify'd by an Occultation of the Sun; or when Sul-
picius Gallus, in the Army of Lucius Paulus, lectur'd
upon an approaching Eclipfe of the Moon, left the
Soldiers fhould be difcouraged at a Matter that bore
ſo much the Appearance of a divine Prodigy, did
not both the one and the other act the Part of an
Orator? Had Nicias been Mafter of this Science
when he was in Sicily, he would not have loft a fine
Army of the Athenians which was thrown into Rout
by a fudden Panic. For when the fame Thing hap-
pened to Dion, as he was marching to deſtroy the
Tyranny of Dionyfius, it was attended with no bad
Confequences. I admit that theſe Examples are
chiefly military, and I fhall but juft mention the
long and obftinate Defence which Syracufe made by
the fole Affiftance of Archimedes. It is fufficient for
my Purpoſe, if it fhall be admitted that many Que-
ſtions arife which can be folved upon no other Prin-
ciples but thoſe of Geometry; fuch are Divifion in
general, Divifion in infinitum, mathematical or arith-
metical Progreffion, all which are only to be folved
by lineary Demonftrations. In fhort, if (as I fhall
fhew in the following Book) an Orator ought to
know how to ſpeak upon all Subjects, he cannot be
without a Knowledge of the Mathematics.
CHAP.
Book I. His INSTITUTES of Eloquence. 57
CHA P. X.
Concerning Pronunciation and Action.
OME Regard ought to be paid to the Player,
becauſe he may be of Service to the future
Orator, fo far as concerns a juft Pronunciation, but
no farther. For I would neither have a Pupil in
this Art to imitate a womanish Tone by quavering,
nor the Voice of old Age by faultering, nor a drunken
Sot by ftuttering, nor an abject Slave by wheedling.
I don't want him to ape the Manner of the Lover,
the Mifer, or the Coward. Thefe are Qualifications,
which, befides their being unneceſſary for an Orator,
debauch the Mind while it is yet tender and unin-
form'd in the early Years of Life, becauſe frequent
Imitation fettles into a Habit, and at laſt infects our
Manners. Neither is it every Gefture or Motion
that we are to borrow from Players. For, tho' the
Orator, in fome meaſure, may be beholden to them in
forming both, yet, in his Execution, he ought to be
very different from the Player in the Management
both of his Features, his Hands, and his Feet (4),
in the Uſe of which he ought not to be exceffive.
For if a public Speaker practifes any Art, it ought
(a) Orig. Excurfionibus.] The Precepts here laid down by
Quintilian are very fine, and applicable to every Species of Speak-
ing in every Age and Country; yet the Expreflion here in the O-
riginal feems to allude to a Cuftom which in England teems pretty
odd. It is that of an Orator's Walking while he was delivering
his Oration, and which our Author would have his Orator to uſe
more fparingly and modeftly than a Player. It may however
fignify no more than that an Orator is not a'low'd to make uſe of
fo many Airs and Flights as a Player does.
2
to
58 M. FABIUS QUINCTILIANUS
BOOK I.
to be that of concealing Art, fo as to make it ſeem
to be Nature.
What then, it may be afk'd, is the Buſineſs of an
Inftructor in this Matter? In the first place, he is
to correct every Defect of Pronunciation in his
Pupil; that, in fpeaking his Words, every Letter be
diftinctly and properly expreffed. We are apt to
mince fome Words and mouthe others: Both Man-
ners are faulty. Some Letters we are apt to lifp in
pronouncing, as if they were too barking to be ex-
preffed properly, and we fubftitute in their room cer-
tain fimilar Sounds which deaden them into a dull
Affinity with the others. Demofthenes pronounc'd L
inſtead of R thro' a natural Impediment, and both
Letters have the fame Sounds with us as with the
Greeks. In like manner the c and the T are, for the
fame Reaſon, often foften'd down into the G and the
D. Theſe are Faults which a Mafter ought not to
tolerate, no more than he ought the falſe Delicacies
which fome entertain about pronouncing the Letter s.
He ought not to fuffer his Pupil's Words to ſtick in
his Throat, nor the Sound to whiſtle thro' his Teeth.
Neither (which is a great Blemish in Speaking) is
he to lower the fimple Sound of a Word to an im-
proper Emphafis, a Fault which the Greeks term
καταπεπλεσμένον ; for fo they call the Noife of Flutes
when their Stops are clofed, and when by throwing
the Sound directly down into the large Bore of the
Flute, you flatten the Note.
A ſkilful Mafter will likewife take care his Pupil
does not ſuffer the laft Syllables of a Word or Sen-
tence to fink; that the whole of his Difcourfe may
be alike and even: When he is to exert his Voice,
let
BOOK I. His INSTITUTES of Eloquence.
59
let it be known by the Strength of his Lungs and
not by the Motions of his Head; that thereby the
Geſture may fuit the Voice, and the Face the Gefture.
Care must likewiſe be taken that the Speaker keep
his Face full to the Audience, that there be no Dif-
tortions about his Lips; that his Mouth be not con-
vuls'd; that his Look be manly, his Eyes erect,
and his Head hanging neither to one Side nor an-
other; for a diſagreeable Appearance is of great Pre-
judice in many Refpects. I have feen many whoſe
Eyelids, upon the finalleſt Exertion of the Voice,
turned upwards; others downwards others varied,
one Lid ſtarting up to the Forehead, and the other
covering almoſt the whole Eye. I fhall, by and bye,
fhew of what great Importance all thofe Circum-
ſtances are; and how nothing can be pleafing that
is not becoming.
;
The young Orator may likewife learn from the
Actor with what Grace he is to deliver a Narrative;
how to blend Authority with Perfuafion; with what
Spirit Refentment fhould rife; and with what Tem-
per Compaffion ought to defcend. He will fucceed the
better in all this, if he felects from dramatic Authors
certain Paffages the beſt fitted for his Purpoſe; that
is, thofe Paffages that may be beft adapted to the
Practice of the Bar, and which will not only im-
prove his Delivery, but his Eloquence. Thefe may
be the Exerciſes of our Pupil till Years render him
capable of higher Attainments. Let him then read
Orations; and when he is touch'd with their Beau-
ties, then, let fome accurate, able Mafter be about
him. Let the Pupil not only edify by Reading, but
let him be oblig'd to get by heart the choice Paffages
of
во M. FABIUS QUINCTILIANUS
Book I.
of what he reads; let him repeat them in the Atti-
tude and Manner of a Pleader, a Practice which
will be of Service at once to his Voice and his Me-
mory.
I have no Objection to our young Student's learn-
ing his Exerciſes at an Academy (b). I don't mean
thoſe Academies where Combatants prepare them-
felves for Athletic Exerciſes by means of Wine and
Oil, and, by being conftantly intent upon them, neg-
lect the Mind for the Sake of the Body. I would
have our Pupil conceive an utter Diflike to all fuch
Places. But the Schools where Gracefulneſs of Mo-
tion and Behaviour is taught, go by the Name of
Academies too; where a young Gentleman learns.
how to manage his Arms; how to uſe his Hands fo
as not to appear aukward and clownish; that none
of his Poftures be unbecoming; that he may walk
with a graceful Mien; and accommodate his Head
and Eyes to the Sway of his Body. Now, as no one
can deny all theſe to contribute to beautiful Delivery,
ſo beautiful Delivery muſt be allow'd to contribute to
true Eloquence. It is likewife undeniable that a
young Gentleman ought to learn every Accompliſh-
ment that is neceffary for his Education; efpecially
Chiromany (c) or Gracefulneſs of Action, which took
its Rife in the Ages of Heroifm, was practifed by
the greateſt Men of Greece, was approved of by So-
(b) Academy.] Orig. Palaftra. In thofe Academies nothing
but Fencing, Dancing, Riding, and bodily Exerciſes were taught.
(c) Chiromany.] I have ventured to give this Word an Engli
Termination, and to explain it by Gracefulneſs of Action. It
properly fignifies the Law of the Hands, but our Author calls it
the Law of Gesture; and it was a Term in Dancing; the An-
tients looking upon the proper Diſpoſition and Management of the
Hands and Arms to be of the greateſt Confequence to Gracefulneſs
of Motion.
crates,
Book I. His INSTITUTES of Eloquence.
61
crates, rank'd by Plato amongst the civil Virtues;
and recommended by Chryfippus in his Treatife upon
the Education of young Gentlemen. We read that
even the Lacedemonians rank'd a certain Kind of
Dancing amongſt the manly Exerciſes, as being uſe-
ful in War. Neither was this Practice held in Dif-
repute amongſt the old Romans; as may be proved
by the Dance which continues ftill to be practiſed by
Prieſts, and hallowed by Religion. We likewife have
Craffus approving of young Gentlemens attending an
Academy, in the third Book of Cicero upon the Cha-
racter of an Orator, where he ſays; (d) the Orator
ought to ſpeak with a strong and Spirited Sway of bis
Body, which he is not to borrow from Plays and Farces,
but from the Camp, and even from the Academy of Arts;
and this Part of Education has, without any Re-
proach attending it, been tranfmitted to our Days.
I would not however have a young Gentleman at-
tend an Academy too frequently, and not at all, after
he is a little grown up; for I am not for having the
Mien of an Orator the fame with that of a Dancing-
mafter; but I think that when a Boy, while young,
enters upon this Exercife, it communicates a fecret
Gracefulneſs to his Manner ever after.
(d) The Orator.] The Word our Author makes Cicero fay is
inclinatione, but I don't find that any Copy of Cicero ufes any other
Word than Inflectione.
CHAP.
62
M. FABIUS QUINCTILIANUS BOOK I
A
CHA P. XI.
That it is profitable for a young Gentleman to learn fe-
veral Things at the fame Time-Because it is a Pro-
perty of human Underſtanding—Boys, the more they
Study when young, are the better reconciled to it when
grown up When young they have moft Leifure-
A good Prefervative from Idlenefs.
IT
T is a Doubt with fome, if all thoſe Accompliſh-
ments are to be learned, whether they can all
of them be taught and underſtood, and practifed at
one, and the fame Time. Some hold the Negative
becauſe, ſay they, the Mind is confounded and tired
out, by fo many Studies, each of them of a different
Tendency, and neither their Capacity, their Strength
nor their Time is equal to fuch Variety; and how-
ever they may fuit a more advanced Age, yet a Boy's
Genius ought not to be overloaded.
But they who reafon in this Manner are not fuffi-
ciently acquainted with the Powers of human Na-
ture; which is fo active, fo quick, and, if I may
fay it, fo omniprefent, that it is almoft impoffible
for it to be confin'd to a fingle Object; but it can
apply its Strength to feveral, not only in the Com-
paſs of a Day but of a Moment. Muficians, for In-
ſtance, do they not at the fame Time employ their
Memory, their Voice, and a Variety of Skill, by (a)
touching fome Strings with the right Hand, while
they are leading, ftopping and tuning others with
(a) Touching fome Strings.] We know very little of the Roman
Mufic; perhaps if the whole of this Paffage were rightly confider'd
and compared with the Forms of their Inftruments, it might throw
fome Light upon the Manner of performing upon them.
*
their
BOOK I. His INSTITUTES of Eloquence.
63
their Left? Even their Foot is employ'd in beating
Time; and all this all at once. In our own Pro-
feffion, when we find ourſelves unexpectedly oblig'd
to plead all of a fudden, are we not ſpeaking one
Thing while we are thinking upon what we are to
fay next; are we not, at one and the fame Time, ob-
liged to fupply Invention with Matter, Words with
Propriety, and Action with Gracefulneſs, and all the
while be attentive to our Pronunciation, our Looks
and our Geſtures? If, with one Effort, we can unite
all thoſe Confiderations fo differing from one an-
other; why may we not allot one Hour to one, and
another to another, Study, eſpecially as the Mind is
relieved and refrefhed by Variety, and on the other
Hand, it is irkſome to be conftantly poring over the
fame Study? Reading, therefore, relieves Writing;
and the Fatigue of Reading may be diverted by its
being laid afide for Writing. Let us be employ'd
in ever ſo many Studies, yet ſtill we, in fome meaſure,
come freſh to that which we are beginning. The
brighteſt Genius will be blunted, were it, for a whole
Day, confin'd to hear the Leffons of a Mafter upon
one Subject only. Our Minds are like our Sto-
machs; they are whetted by the Change of their
Food, and Variety fupplies both with freſh Ap-
petite.
How is it with the other Scheme of Education ?
Let the young Gentleman apply to Grammar only;
then to Geometry; and then laying both thefe afide,
to Mufic, without regarding what went before;
while he is ſtudying Latin, let him not have a
Thought of Greek; in fhort, let him think only upon
what is before him. But how would this Doctrine
found with Farmers, that they are not to mind and
cultivate,
64
M. FABIUS QUINCTILIANUS
Book I
That
cultivate, at the fame Time, their Lands, their Vine-
yards, their Olive-trees and their Plantations.
they are not, at one and the fame Time, to employ
any Care upon their Meads, their Flocks, their Gar-
dens and their Poultry? While we ourſelves allow
fome Part of our Time to public Bufinefs, fome to
cur Friends, ſome to our private Affairs, and a little
to Pleaſure; and any one of thoſe Purſuits, if we at-
tended to nothing elfe, would tire us out. It is
therefore, upon the whole, more eafy to apply to
many Things at once, than to one Thing long.
Believe me, we need not be under any, the ſmalleſt,
Apprehenfions, left Boys fhould be too much fa-
tigued with the Toil of Studying. No Time of
Life bears with it better. You may perhaps think
this a Paradox, but Experience confirms it to be lite-
rally true.
For the Genius, before it grows harden'd
by Age, is then the moſt fufceptible of Inftruction.
One Inftance will make this quite plain. Within
the firſt two Years after Children can articulate their
Words, they can ſpeak, almoft, every Thing, without
an Inftructor; whereas the Slaves we import from
other Countries, tho' full grown, are feveral Years
before they can fpeak our Language. But, as a
ftronger Proof of this, take one who is of Age and
enter him upon Learning, and then you will have
Reaſon to ſay, that they who are the moſt expert in
their feveral Profeffions, are fuch as have been in-
itiated into them from their Childhood. Nay, Boys,
by Nature, can better endure Toil than young Men
Obferve how often a Child falls to the Ground,
and how little he is hurt; fee him crawling about
upon his Hands and Feet; a little Time after, you
may fee him conftantly at Play, and running about
can.
from
BOOK I. His INSTITUTES of Eloquence.
65
!
from Morning to Night; and all this without any
Trouble, becauſe they carry very little Weight about
them, and fo do not fatigue themſelves. I fuppofe
it to be the fame Thing with the Mind of a Child.
It takes little Force to put him in Motion; nor does
he depend for Inftruction upon his own Efforts; and
by fubmitting entirely to his Mafter's Formation,
he is not fo fubject to be tired as he would were he
more advanc'd in Years. Add to this another Ad.
vantage which Children have; as they implicitly
follow their Teachers, fo they are no Judges either
of what they have acquired, or are to acquire; nei-
ther are they uneafy at the Difficulties of their future
Studies. Now, daily Experience teaches us, that Fa-
tigue is more tolerable than Reflection is to the
Mind of Man.
Give me leave to ſay, that a Child has more Time
to ſpare, than he can ever have, after he is grown up;
for the Hours of Childhood are all employ'd in receiv-
ing Inftruction from others. But when he withdraws
to his Room in order to form his Stile, when he
comes to invent and to compoſe, then, he may neither
have Leiſure nor Inclination, to enter upon the Studies
of Childhood. Since, therefore, the Profeffor neither
cản, nor ought to, take up the whole of a young
Gentleman's Time, left he ſhould give him a Loath-
ing for Study, what can better employ, than fuch
Studies as I have mention'd can, his leiſure Hours.
But they are Studies that I am not for taking up
the whole of a young Gentleman's Attention: I am
not for his finging as well as thoſe who make it their
Profeffion; nor for his knowing every Nicety of the
Mathematics. I am not for his fpeaking like a
Player, nor his walking like a Dancing-mafter. But
fhould I even require he fhould be quite compleat
F
in
66
Book I.
M. FABIUS QUINCTILIANUS
in all thofe Refpects, he has abundance of Time.
A fine Genius (for I don't talk of a Dunce) has a
great deal of Time to employ upon Study. Let me
afk, in the laſt Place, Why was Plato fo eminent in
all the Exercifes which I have recommended to the
Study of our future Orator? Not contented with
what could be taught at Athens, or by the Pythago-
reans whom he vifited in Italy; he even apply'd to
the Egyptian Prieſts, and made himſelf Mafter of their
myftic Learning.
We are apt to cloak our own Indolence under the
Pretext of Difficulty, for we are not very fond of
Fatigue. It generally happens that Profeffors of E-
loquence court her for vile Purpoſes and mercenary
Ends, and not becauſe of her own tranfcendent
Worth and matchlefs Beauty. If fuch go out to
plead in public, and to make a Penny at the Bar,
without the Acquirements I have recommended,
all their Gains fhall not equal thofe of a pedling
Broker, and a common Auctioneer fhall be better
paid for his Expence of Lungs.
I defire this may be read by none who fhall fit
down and make an Eſtimate of the Expence of Time
and Application.
But, give me the Reader who
figures in his Mind the Idea of Eloquence, all-divine
as fhe is; who, with Euripides, gazes upon her all-
fubduing Charms; who feeks not his Reward from
the venal Fee for his Voice; but from that Reflec-
tion, that Imagination, that Perfection of Mind,
which Time cannot deftroy, nor Fortune affect.
Such a Man will readily agree with me, that the
Hours now mifemploy'd at the Theatre, upon the
Parade, in wasteful Play and idle Converfation, (not
to mention long Meals and late Hours,) if ſpent
upon Mufic and the Mathematics, would give him
inore
BOOK I. His INSTITUTES of Eloquence.
67
more real Delight than could the whole Circle of fuch
illiberal Pleaſures. For Providence has fo much fa-
vour'd Mankind, as to make thoſe Arts, that are the
moſt laudable in themſelves, the moſt ſerviceable to
human Life. But this pleafing Reflection has made
me deviate too much. I have now finifh'd what I
had to fay upon that Part of Education which is to
be given to a young Gentleman before he aims at
higher Attainments. The following Book prefents
the Reader with a new Subject, and treats of an
Orator's Duties.
F 2
M.
M. FABIUS QUINCTILIANUS
HIS
INSTITUTES of ELOQUENCE;
OR,
The ART of Speaking in Public,
BOOK II.
CHAP. I.
AT WHAT AGE A YOUNG GENTLEMAN IS TO BE PUT
INTO THE HANDS OF THE PROFESSOR OF ELOQUENCE.
A
CUSTOM has obtain'd, and
daily prevails, that Pupils are
always delivered over much
later, than in Reafon they
ought, to the Latin Profeffors
of Eloquence, and confequently
to the Greek. The Reaſon for
this is twofold; firſt, becauſe
Teachers of Eloquence have given up Part of their
Profeffion; fecondly, becauſe the Grammarians have
laid hold upon what, properly, is none of theirs.
For
BOOK II. His INSTITUTES of Eloquencè.
69
2
For the former think themfelves oblig'd only to de-
claim, and to teach the Principles and Practice of
Declamation; and that, too, they confine to Matters
of Debate and Decifion in the Courts of Law. As
to other Attainments, they deſpiſe them, as being too
deſpicable for their Profeffion. Mean while, the
Grammarians, not contented with doing us the Fa-
vour, as they call it, to teach the Part which the
others had abandon'd, carry their Encroachments fo
far as to break into the Pathetic and Perfuafive,
which call for all the Powers of Eloquence to ſuſtain
them. The Confequence of this Practice is, that the
one Profeffor now finiſhes that Part of Education at
which the other formerly began; and the Pupil, at
an Age which ought to be employ'd in higher At-
tainments, is drudging in the lower Forms, and
learning Rhetoric from a Grammarian. Thus it hap-
pens very ridiculouſly, that the young Gentleman, at
the Time when he ought to be Maſter of the Art of
Declaiming, goes to learn it.
Let us now ſettle the real Boundaries of both Pro-
feffions And let Grammar (which in Latin they
have tranflated to be Literature) know her own o-
riginal Limits, efpecially as fhe has made fuch Ad-
vances from the Meannefs of her original Appellation.
For that which, near the Source, was no more than
a Rill, now foams along in a widen'd Channel, by
the Acceffion of poetic and hiſtoric Streams; and
from being confin'd to the narrow Study of Speaking
with Propriety, fhe now engroffes the Circle of al-
moft all, even the moft exalted, Arts: While Rhe-
toric, tho' fhe takes her Name from the Powers of
Eloquence, never reclaims her own Property, and
has no Ambition to repoffefs herſelf of a painful
Study, tho' it properly belongs to herfelf; and thus,
F 3
by
70
BOOK II,
M, FABIUS QUINCTILIANIUS
by giving way to her Indolence, fhe is almoſt driven
out of her Territory. I fhall not however deny, that
ſometimes a Profeſſor of Grammar may make fuch
Advances in the Art of Rhetoric as to be qualify'd
to teach it; but, in that Cafe, he will not act in
the Capacity of a Grammarian, but of a Rheto-
rician.
It is likewife my Purpoſe to enquire, at what
Time a Boy is ripe for ftudying the Rules of Rhe-
toric; in which Enquiry we are not to be directed fo
much by the Confideration of the Pupil's Age, as of
his Proficiency. Now, not to be longer upon this
Queſtion, I think the Time for entering a Boy upon
Rhetoric is as early as he is capable of that Study;
but that Time is determin'd by the Confideration I
fuggeſted before. For if he is fuffered to continue
in the Grammarian's Hands till he learns the Arts of
Reafoning (which are the Rudiments of Eloquence)
then he needs not to enter with the Rhetorician fa
early. Now, if the Rhetorician does not difdain to
teach the Ground-work of his Buſineſs, he will im-
mediately initiate his Pupil in the Method of ſtating
a Cafe, and fet him little Exerciſes both of Praifing
and Inveighing. Are we ignorant that the antient
Teachers of Rhetoric, in order to improve Elo-
quence, employ'd thofe Kinds of Exercifes, de-
fended Propofitions, fpoke from general Topics, and
touch'd upon every Circumftance of Time, Place
and Perfon, that could ferve as Matter for Debate
upon Cauſes whether real or imaginary? From this it
appears how fcandaloufly the Profeffors of Rhetoric
have abandon'd the Province which was its earlieft,
and long undiſputed, Poffeffion. Can it be proved
that any one of the Exerciſes I have mention'd may
not effentially belong to the Study and Practice of
Rhetoric
BOOK II. His INSTITUTES of Eloquence.
71
4
Rhetoric in general, and does not actually fall under
that Species of it which is appropriated to the Bar?
Do we not ftate Cafes at the Bar? Nay, I am not
fure whether it is not the moſt uſeful Part of a Plead-
er's Practice. Has not a Pleader frequent Occafions
to employ Panegyric, Invective, and general Topics;
fuch as thoſe which Cicero compos'd, and which
were levell'd againſt Vice; or fuch as thofe that are,
in general, applicable to the Caufe depending, in the
Nature of thoſe publiſhed by Quintus Hortenfius? For
Inftance, What Degree of Evidence amounts to a
Proof, what Evidence is to be believed and what re-
jected; is not, I fay, all this Practice in Speaking ef-
ſentially neceffary to the Bufinefs of a Pleader in a
Court of Law? Thefe are Weapons which Orators
ought always to have in Readineſs, to make ufe of
as Occafion offers: And whoever fhall be of Opinion
that they are not effential to Eloquence, muſt be ab-
furd enough to deny that the Artift has not begun
his Statue, tho' he has already moulded all its Limbs.
Some may blame my Hurry in taking the Pupil out
of the Hands of the Grammarian, and putting him
too early into thofe of the Rhetorician. Why, then,
let him even have both Mafters at the fame Time;
there is no Danger of the Boy being over-burthen'd
with two Teachers. I am not for increafing, but
feparating, his Studies, which may be confounded if
he continues only under the Grammarian; the Pains
which each Mafter beftows will be the more fuccefs-
ful if confin'd to his own Province of Teaching.
This is a Method of Education that ftill prevails with
the Greeks, but is difufed by the Latins, and with
fome Shew of Reaſon,. if, where the one Maſter leaves
off, another, be where it will, is always found ready
to begin.
F 4
CHAP.
72 M. FABIUS QUINCTILIANUS
BOOK II
>
CHAP.
X.
Concerning the Morals and Buſineſs of a Teacher.
W HEN a Boy, therefore, has arrived at ſuch
Maturity of Judgment, that he is capable to
mafter, what I have mention'd to be, the firſt Prin-
ciples taught by a Rhetorician, he is to be put under
the Care of a Profeffor of that Art. With regard to
him, the chief Confideration is his Morals. The
Reaſon why I enlarge upon that Confideration in this
Part of my Work, is not that I think the Morals of
the moſt inferior Maſters are not to be accurately
examined, (for I declare myſelf in the firſt Book to
be of another Opinion) but becauſe the Age of the
Pupils renders this the moft proper Place for men-
tioning this Matter. Boys, when they are almoſt
more than Boys, are delivered over to the Profeffors
of Rhetoric, under whom they continue for fome
Time after they come to be young Men: The At-
tention of a Mafter, therefore, ought to be the
greater. His Virtue ought to protect the Weak
from Injury; and his Authority ought to deter the
Wild from Licentioufnefs. The greateſt Purity of
Example is not fufficient in a Mafter, unleſs he can
put the Morals and Behaviour of his Scholars under
an abfolute Subniiffion to his Difcipline.
Let the Mafter, above all Things, therefore, bear
towards his Scholars the Affection of a Parent, and
look upon himſelf as fucceeding to the Place of thofe
who have delivered them over to his Care. Let him
neither practife, nor tolerate, Vice. Let his Dif-
cipline be without Afperity, and his Indulgence
without Cheapnefs; thus, he will fecure their Af-
fections, and avoid their Contempt. Let the fre-
quent
BOOK II. His INSTITUTES of Eloquence.
73
quent Subject of his Converfation be concerning
what is laudable and what is virtuous; for the oftner
he admonishes, the feldomer he will be obliged to
puniſh. Tho' far from being paffionate, yet he is
not to diſſemble whatever requires Amendment. Let
him be plain in Teaching, patient of Labour, and
punctual rather than precife. Let him readily an-
fwer the Inquifitive, and of himſelf examine thoſe
who are otherwiſe. In commending the Exerciſes of
his Pupils, he ought neither to be niggardly nor
laviſh, becauſe the firft begets Difguft, the other
Negligence. In correcting what is amifs he ought
not to be ill-natur'd, but, far lefs ill-manner'd. For
many young Gentlemen are driven from their Studies
by their Maſters reproaching them as if they hated
them. A Mafter every Day ought to tell his Pupils
fomewhat which they are to carry home with them.
For, tho' Reading furniſhes abundance of Examples
for Imitation, yet we receive fuller Satisfaction from,
what I may call, the LIVING VOICE, efpecially of a
Maſter who, by fkilfully educating his Scholars, at-
tracts at once their Love and Efteem. For it is al-
moſt impoffible to exprefs with what Pleaſure we
imitate the Man we love.
I am entirely againſt the common Practice of
young Gentlemen ftarting up and making a Noiſe
when they applaud a Thing. Even the more ad-
vanc'd amongſt them ought to be modeft in ap-
proving what they hear. The younger Pupil will
thereby depend upon his Mafter's Judgment, and
will think every Thing he fays to be right, if it
meets with his Approbation. As to that much-mif-
taken Piece of Good-breeding, as it is called, of ap-
plauding one another's Compofitions, be what they
will, it is not only unbecoming, and theatrical, and
foreign
74 M. FABIUS QUINCTILIANUS
Book II.
foreign to the Diſcipline of a School, but it is abfo-
lutely deſtructive of Learning itſelf. For if, while
they are ſpeaking, every Thing that comes uppermoſt
is fure to meet with Applauſe, they will think they
have no Occaſion to be at the Expence of Study and
Application. The Hearers, therefore, as well as the
Speaker, ought to confult the Maſter's Countenance
for what they are to approve or blame in a Compo-
fition; and thus the Scholar will, at once, acquire a
Propriety of Diction, and a Juftneſs of Difcernment.
The preſent Practice, however, is, for Scholars to be
eager and ready upon every little Turn of a Period,
not only to riſe up, but to run about and clap it with
moft unfeemly Applaufe. The Compliment is re-
paid in its Turn, and, upon this, the Merit and Suc-
cefs of a Compofition now depends. The Confe-
quence is, falfe Pride and empty Self-Conceit; in-
fomuch that while the Scholars are fo exceffive in
their Applauſes, they are apt to be prepoffeffed againſt
the Mafter's Judgment, if he be but only moderate
in his Approbation. But Mafters themſelves fhould
defire that their Scholars hear them with Attention
and Modeſty; for the Mafter is not in ſpeaking to
court their Approbation, but they, his. If it be
poffible, however, let him narrowly obferve what
each Scholar is touch'd with, and in what Manner
it affects him, and he will have Reaſon, not more
upon his own than upon their Account, to be pleaſed
with every Inftance of their praifing with Difcern-
ment and Juſtice.
I am againſt Boys fitting promifcuously with young
Men. For tho' a Man, fuch as we fuppofe him to
be who has the Charge of the Studies and Morals of
Youth, is capable to keep the moſt advanc'd of his
Pupils under proper Regulations, yet I am even for
feparating
2
BOOK II. His INSTITUTES of Eloquence.
75
ſeparating the Weakly from the Robuft; and thereby
guarding not only againſt the Commiffion, but the
Sufpicion, of a criminal Intercourfe. This, I think,
proper to be juſt hinted at. For, I think it needleſs
to recommend that both Mafter and Pupils fhould
be void of actual Guilt. But, if any Father is not
careful to avoid chufing a Man of avowed Profligacy
to inftruct his Son, I am here to inform him, that all
the Rules I have now laid down for the Benefit of
young Gentlemen, can be of no manner of Service
to him.
}
CHA P. III.
Whether the Scholar is to be immediately put under the
Care of the most excellent Mafter that can be found.
N
EITHER muſt I omit touching upon the
Opinion of fome, who admit that a Boy may
be fit to be enter'd upon the Study of Rhetoric, and
yet that it is improper to put him immediately under
the Care of the moſt eminent Profeffor; but that he
ſhould apply for fome Time under thoſe of an in-
ferior Rank: As if, in forming a Boy to Learning,
a Maſter of middling Parts is moſt eligible; be-,
ing more eafy to be underſtood and imitated, as well
as leſs impatient in removing the knotty Parts of the
Elements of Knowledge.
Now, I think it will not coft much Pains to fhow
the great Importance of giving a Child the earlieſt
Tincture of whatever is moft excellent in its Kind,
and the very great Difficulty there is in difcharging
a wrong Habit when once it has taken poffeffion. For
the Mafter who fucceeds has a double Tafk, that of
unlearning
76 M. FABIUS QUINCTILIANUS Book II.
unlearning their Pupils what they learnt before ; a
Matter of more Difficulty than that of inftructing
him anew. For this Reaſon, Timotheus, an eminent
Maſter of Mufic, is faid to have required from the
Scholars who had begun to be inftructed by another
Maſter, Fees double what they paid who enter'd firſt
with him.
There is, however, a twofold Miftake in this Matter.
In the firſt Place, they think an indifferent Maſter
may do very well for young Beginners; a vulgar
and a grofs Miftake! But this Neglect, however
blameful, would be more tolerable, did fuch School-
maſters only teach leſs, and not worſe, than others do.
There is another Miftake which is ftill more general;
that a Man of Eloquence will not defcend into every
Minuteneſs of Teaching, and that this proceeds either
from their diſdaining to comply with fo inferior a
Practice, or from their being utterly incapable to
do it. For my part, I exclude, from the Rank of
Profeffors, every Man who fhall think this Practice
beneath his Attention; and I affirm, that the abler a
Maſter is, he is the more capable to defcend to it.
In the firſt Place, becauſe we muſt ſuppoſe the Man
who excels in Eloquence, to have moft accurately
attended to all the Means of acquiring it. In the
next Place, Method is of great Efficacy in inftruct-
ing, and the beft Mafter always practifes the beſt
Method. In the laft Place, becauſe no Man, who is
eminent in great Matters, can be fuppofed to be
deficient in ſmall ones; unleſs we can imagine that a
Phidias, after finiſhing a masterly Statue of Jupiter,
may find himſelf outdone by another, in every thing
that relates to its Ornaments; or, that an Orator
cannot keep up a common Converfation; or, that an
accomplish'd Phyfician knows not how to cure the
ſlighteſt Diſeaſes.
But
BOOK II. His INSTITUTES of Eloquence.
77
But, it may be faid, has not Eloquence Properties
that far furpaſs the Meaſure of a Boy's Under-
ſtanding? Who doubts but it has? But I am to
fuppofe the Profeffor of Eloquence to be, at the
fame Time, a Man of Senfe, and of Practice in
Teaching, and one who knows how to adapt him-
ſelf to a Boy's Capacity. Thus, were a Man, who
walks very faft, to fet out on the fame Road with a
Child, he would lend him his Hand, and, relaxing
his Pace, go no fafter than the Child could follow.
But it generally happens, that the Leffons of the
moft fkilful Mafters are the moſt intelligible, and
the moſt perfpicuous; for Perfpicuity is the chief
Property of Eloquence, and, the poorer a Man's Ca-
pacity is, the more he endeavours to recommend
himſelf by ftretching and racking it; as we fee
ſhort People raiſe themſelves on their Tiptoes, and
Cowards talk in a bluftering Manner. For I hold
it to be an abfolute Certainty, that a Stile, fwelling,
incorrect, jingling, or infected with any of the Faults
that proceed from injudicious Imitation, is vitiated,
not through the Exuberance, but the Want, of
Power In like Manner, as bodies are puffed up,
not by Health, but by Diſeaſe; and we commonly
lofe our Way when we ftrike out of the plain Road.
Upon the whole, therefore, the worfe Speaker a
Man is, he is always the lefs intelligible.
:
I am very fenfible, that, in the foregoing Book,
when I preferr'd a public to a private Education,
I faid that Children, in their firft Efforts and Ad-
vances towards Learning, had a Pleaſure in con-
forming themfelves to the Manners of their Fellows,
becauſe they are moſt natural to them; and ſome
may think that Opinion to be inconfiftent with
what I have recommended, But the Cafe is far
otherwiſe;
78 M. FABIUS QUINCTILIANUS BOOK II.
otherwiſe, for one of the Reaſons that can be brought
for putting a Gentleman, at firft, under the Care
of the moſt excellent Profeffor, is, becaufe fuch a
Mafter, being beſt able to inſtruct his Pupils, either
his Manner of Speaking is moſt proper for Imi-
tation, or, if they mistake, they are inftantly fet
right; while an infufficient Mafter is apt to en-
courage them in what is faulty, and he forces his
whole School to follow his wretched Opinion.
Therefore, the Man ought to excel in Eloquence,
as well as in Morals, who undertakes this Profeffion,
and, like Homer's Phanix, he ought to inſtruct his
Pupil how to act, as well as how to ſpeak.
CHA P. IV.
UPON THE EXERCISES TO BE PRACTISED BY
A YOUNG GENTLEMAN, WHILE HE IS
TRAINING UP TO ELOQUENCE.
Firft, Stating of Facts - Exuberance in Youth praised
Their Compofitions ought not to be corrected with too
much Severity - That they ought to be taught to write
as correct as poſſible. Secondly, The Manner of
laying down and refuting the Facts of a Cafe.
Thirdly, Concerning Praife and Reproach.
Fourthly, General Topics.
I
A Diffuafive
from the Practice of keeping common Topics at home
ready drawn out, to be made use of as Occafion fhall
Serve.-Fifthly, The Advantages and Difadvantages
of Law.
A M now to proceed to mention the firft Ex-
ercifes, which I would recommend to the young
Student of Eloquence; without immediately pro-
ceeding
BOOK II. His INSTITUTES of Eloquence.
79
ceeding to, what is commonly termed, the Art of
Rhetoric. In my Opinion, then, he ought to begin
with that Kind of Exercife, that bears the greateſt
Refemblance to what he has learned under the Pro-
feffor of Grammar. Now, we have three Kinds of
Narrative befides that uſed in Pleadings. The
FABULOUS, upon which Tragedies and Poems are
founded, and which is not only remote from Truth,
but from its very Appearance. The ARGUMENTA-
TIVE, fuch as is made uſe of in Comedies, and which,
tho' not true, has the Refemblance of Truth. The
HISTORIC, Or the ſtating a Matter of Fact. With
Regard to the two firft, we have given them up
to Grammarians; the Profeffor of Rhetoric, there-
fore, is to enter his Pupil upon the hiftorical Nar-
rative, which, the truer it is, is the ftronger.
4
I fhall leave, however, the Difcuffion of what I
take to be the beſt Method of ftating a Fact, till
I come to treat of the judiciary Part. It is here fuf-
ficient for me to hint that there is no Occafion to
beſtow fo much Application to Study, if Facts are
to appear naked and unadorned with Language. A
Narrative, therefore, ought not to be bald and
jejune, nor on the contrary ought it to be compli-
cated and flouriſhed with Defcriptions that are foreign
to the Matter, and generally fpun out with poetical
Licence. Both Extremes are faulty, but the Faults
proceeding from the Poverty, are worſe than what
proceed from the Exuberance, of Expreffion; for a
Style of Language, perfectly correct, is neither to be
required nor expected from Boys. But I prefer the
Genius that is briſk, and daring in its Attempts, and
the Spirit that fometimes exceeds in its Effects; never
fhall I find Fault with a Scholar for a Luxuriancy
of Parts. I even recommend it to Teachers to take
par-
80 M. FABIUS QUINCTILIANUS
Book II.
terature.
particular Care that they imitate the Indulgence of
Nurfes in nouriſhing the tender Mind, and that they
fill it with the Milk, as I may call it, of agreeable Li-
This will give them a Plumpneſs in their
younger Years, which in their more advanced Age
will be knit and confirm'd with Strength and Sinews.
For, when a Child has all his Limbs duly proportioned
in his Infancy, it portends Leannefs and Weakneſs to
his Manhood. At this Age, permit him to be a little
extravagant, to employ a little Invention, to be proud
of what he invents, even though it may not be quite
regular and correct. Fertility is eafily cultivated;
but no Art can cure Barrennefs. I have no great
Opinion of a Boy's future Genius, when Exactneſs
is the only Standard, by which we can meaſure it.
I love to fee the firft Materials difclofe themſelves in
great Abundance, nay with Profufion. Much will be
mellowed down by Years, much will be polish'd away
by Reflection, and fomewhat will wear out by Ex-
perience itſelf; fuppofing ftill, however, that there
is fufficient Matter for pruning and lopping away.
But there ſtill will, provided we do not, at the Be-
ginning, hammer out the Plate fo thin, that it will
not take the Impreffion of the Graver. Whoever
confults what Cicero fays upon this Head, will not
be furprifed that I am of thefe Sentiments; I love,
fays he, a Superfetation in Youth. I would have fome-
thing in Youth, that I can lop away. Therefore, above
all things, we ought to avoid chufing, efpecially for
Boys, a taſtelefs Matter, as much as we would a
parched, faplefs, Soil for young Shoots. They who ne-
ver dare raiſe their Sentiments above what they hear
in common Converſation, immediately prove mere
Dwarfs and Reptiles. To fuch, Leannefs fupplies the
Place of Health, and Impotence, of Judgment; and
3
while
Book II. His INSTITUTES of Eloquence.
81
while they think it is fufficient to be without Vice, they
poffefs the Vice of being without any Virtue. There-
fore, with me Maturity itſelf may come on too faſt.
I am not for having Liquor grow mellow, while it is
in the Vat; I love to have it, as it grows old, referve
its Strength, and improve its Flavour. I am now to
put in another Caution, that ſhould be attended to,
which is, that a Boy's Capacity may be dull'd by too
great Strictneſs in correcting him. This, at firſt, gives
him Defpondency, then Pain, and at laft Averfion
for Study, and, which is worft of all, when he is
afraid of every Thing, he attempts nothing; for, with
his Spirit, he lofes all his Power. There is not a
Clown, but knows how dangerous it is to apply the
pruning Knife to tender Shoots, before they can bear
to be lopp'd, or fuffer an Incifion. A Maſter ought,
therefore, to render himſelf agreeable; fo as to foften
and palliate what Nature has made rough and unplea-
fing. He ought to praiſe one Paffage, to bear with
another, to give his Reaſons why a third fhould be
alter'd, and to illuftrate a fourth, by adding fome-
what of his own. Sometimes, it may
be proper for
him to dictate the whole Exercife, that, while the
young Gentleman is imitating it, he may fall in
Love with it, as if it was his own Performance.
When I found a Boy,whofe Compofition was too faulty
to admit of being corrected, I have found it of Service
to order him to write over the fame Subject anew,
after I had given him a fresh Explanation of it;
telling him, at the fame Time, that it was in his
Power to do it much better; for nothing enlivens a
Boy to ſtudy, more than Hopes of Succeſs. Different
Ages, however, require different Means of Amend-
ment, and the Tafk, that is to be either compofed
or corrected, fhould be proportioned to the Pupil's
Abilities.
When
G
82 M. FABIUS QUINCTILIANUS Book II.
When I have feen the Compofition of a Boy a
little extravagant or flighty, I have told him, it was
very well at his Years, but, that the Time would
come, when I would not fhow him any fuch Indul-
gence. Thereby, I encouraged his Genius, without
impofing upon his Understanding. But to return
from this Digreffion; I am for having Narratives
compofed with all poffible Accuracy. For I think
it of Service to a Boy's Language, when he begins
to learn to ſpeak, to repeat what he hears; and it
may be right, while he is explaining any Thing, to
make him repeat from the Beginning to the End, or
from the Middle, fometimes one Part, fometimes ano-
ther. But this is an Exercife to be impos'd upon Boys
only while they are very young, and while they can
do nothing elſe; for when they are just beginning
to connect their Ideas with Words, it ferves to
ſtrengthen their Memory: When they learn to form
and to polish their Style, an off-hand Prating, ran-
dom Flights and fudden Starts, are ridiculouſly
oftentatious, and only fit to amufe the gaping Crowd.
Such Exerciſes give a falfe Pleaſure to the thought-
lefs Parent; to the Boy, a Contempt of Application,
a fhameleſs Front, a wretched Habit of Speaking,
a Promptitude in Mifchief, and that Infolence of
Self-Conceit which is often fatal to the moſt promif
ing Advances in Learning.
There is a certain Timc for acquiring a Quickneſs
and Volubility of Speech; and I fhall treat of it in
its proper Place. At the Age I fpeak of, it is fuf-
ficient, if the Pupil is attentive to what he is about,
if he beſtows all the Application his Years can admit
of in compofing fomewhat that is tolerable; let him
perfevere in this Practice, and Habit will foon be-
come fecond Nature. The Man who learns to fpeak
properly
Book
BOOK II. His INSTITUTES of Eloquence.
83
properly before he learns to ſpeak quickly, will in
Time prove to be the Man, or very near the Man,
whom I here want to form into a complete Orator.
It is proper for a Student, after he has apply'd to
the Compofition of Narratives, to proceed to the
Practice of eſtabliſhing and refuting them, which, by
the Greeks, is called avaneUÝ NÀι NÄтashEUn. This
Exerciſe may be of Uſe not only in fabulous and
poetical Subjects, but even with regard to the Mo-
numents of our own Hiſtory: If we are to examine,
for Inftance, into the Credibility of that Paffage,
where we are told that a Crow came and fat upon
the Head of Valerius, while he was fighting, and
ftruck with his Bill and Wings at the Eyes and the
Face of the Gaul his Enemy, What a Field of Dif-
putation is here open'd on both Sides of the Que-
ftion! We may fay the fame of the Serpent which
is faid to have engender'd Scipio, the Wolf of Romu-
lus, and the Ægeria of Numa. As to Greek Hiſtories,
they are filled with Facts as bold as the Licences of
the Poets. We are likewife very often in doubt
with regard to the Time, and Place of an Event,
fometimes with regard to a Perfon, (as Livy often is,)
and one Hiftorian is perpetually contradicting another.
But our young Gentleman begins now to aim at
higher Matters, to praife the Eminent, and to lafh
the Guilty; an Exercife attended with many Ad-
vantages.
For the Genius is thereby employ'd
with a Multiplicity and Variety of Matter, and the
Mind is form'd to know the Difference between
Good and Evil, befides acquiring an extenfive Ac-
quaintance with Men and Things: While, at the
fame Time, it is furniſhing itſelf with a Variety of
Examples, which is of the most decifive Influence
in all Kinds of Caufes, to be made ufe of as Occa-
G 2
fion
34
Book II.
M. FABIUS QUINCTILIANUS
fion fhall ferve. To this Study fucceeds that of
drawing Parallels between two Subjects, which is the
better, which the worfe, Man: And tho' this Exer-
cife is built upon the fame Principle with the former,
yet it unites both Manners, and examines not only
the Nature, but the Degrees of Virtues and Vices.
We fhall, however, ſpeak in the proper Place upon the
Subject of Praiſing, and Difpraifing, as it forms a
third Part of Rhetoric.
As to general Topics, I mean fuch as we do not
ufe to point at the Perfon, but the Vice; for In-
ftance, againſt an Adulterer, a Gamefter, or a Rake;
they fall in with the chief Purpoſes of Pleading, and
by only naming the Party, they are immediately
form'd into Impeachments. Nay, fometimes with-
out naming the Party, he may be fo characterized as
to be known: As when we fay, for Inſtance,
the blind Adulterer, the needy Gameſter, or the old,
profligate, Fellow. We may likewife fometimes form
general Topics into Defences. For we may have
Occafion to plead in favour of Love or Luxury, and
to defend the Caufe of a l'imp or a Parafite: But fo
as to make the beft of the Caufe, without patroniz-
ing the Vice.
As to Propofitions which arife from Comparifon,
for Inftance, Which is preferable, a Town, or a Country
Life? Which has moft Merit, the Gown or the Sword?
the Opportunities they afford, for the Practice and
Improvement of Eloquence, are wonderfully beauti-
ful and copious: whether we confider them as greatly
contributing to the Bufinefs of Perfuafion, or the
Iffue of a Trial. Nay, we fee that Cicero, in his Ora.
tion for Muræna, has fpoken very fully upon the
Topic I laft mentioned. We have other Topics
that are almoft entirely of the deliberative Kind;
fuch
BOOK II. His INSTITUTES of Eloquence.
85
fuch as, Whether we ought to enter into Matrimony?
Whether we ought to hunt after Preferment? For we
need but to name the Parties, and they become pro-
per Subjects for Pleading.
My Maſters uſed to afford us a very profitable,
and, at the fame time, to us a very agreeable, Enter-
tainment, by fitting us to fpeak upon Matters of
Conjecture; for Inftance, when they order'd us to
examine and difcufs fuch a Queſtion, as, Why the
Statue of Venus had Armour on amongst the Lacedæ-
monians? or, Why is Cupid repreſented under the Fi-
gure of a Boy, furnish'd with Wings, Arrows, and a
Torch? and the like: In all fuch Exercifes, we en-
quired into the Meaning of the Thing, a Practice
that very often occurs in Pleadings, and may be
rank'd amongſt the Chria.
As to Topics relating to Witneſſes, Whether we
are always to believe them? or to Evidence; for In-
ſtance, Whether we are to be determin'd even by a ſlender
Proof? They fo inconteftably fall in with the Prac-
tice of the Bar, that fome Pleaders, of diſtinguiſh'd
Rank in the Government, have been known to write
them out, to get them exactly by heart, to have them
in Readineſs, fo as to be able at proper Times to
hang them out as occafional Ornaments, when they
ſpeak off-hand. This is a Practice, I will venture
to fay it, (for I can no longer conceal my Sentiments.
on this Head,) that betrays the greateſt Infufficiency
of Abilities. For what Figure muſt ſuch a Man
make at the Bar, where every Day preſents a new
and a different Subject of Pleading? How fhall he
invent fomewhat of his own to fay, to obviate the
different Objections that are brought? Can a Man
be quick in his Replies, can he be accurate in ex-
amining Witneffes, when he is oblig'd to have re-
G 3
courie
86 M. FABIUS QUINCTILIANIUS Book II,
courſe to a fet, premeditated, Form of Words, to ex-
preſs himſelf upon the moſt common Occafion, and
in Matters that fo frequently occur at the Bar? Such
Men, when they are to repeat the fame Sentiments
upon different Occaſions in a Court of Juftice, like
the Remnants of cold Meat, create a Loathing in
the Audience; for he himſelf muſt bluſh, like the
Owner of tawdry Apparel, the Sight of which be-
comes common by being ſo often expos'd to the Eyes
of the Public, and is worn out, as is the Cafe with
Beggars who want to make a Show, by employing
them upon many, and different, Occafions. Befides,
there can ſcarce be a Topic fo common as to admit
being adapted to every Cauſe, unleſs fitted to it by a
peculiar Set of Words, proper for the Subject, fo
that the Application may appear natural and not
forced; otherwife, it will not be of a Piece with the
reft of the Pleading, and the whole has generally an
Air of Impropriety by being introduc'd, not becauſe
it is neceffary, but becauſe it is ready. Thus, fome
make a Digreffion into the moft copious Topics,
merely for the Sake of introducing a ſparkling Sen-
timent, whereas every Sentiment ought to ariſe from
the Subject. In like manner, all the Particulars I
have recommended are no farther either beautiful or
profitable than as they naturally arife in the Courfe
of the Pleading. I will farther obferve, that let a
Set of Words be ever fo beautiful, unleſs they tend
directly to the Purpoſe of Perfuafion, they always
appear idle, and, fometimes, inconfiftent. But it is
Time to finish this Digreffion.
(a) The cftabliſhing or weakening the Force of a
(a) Monfieur Rollin has omitted, in his Edition, the whole of
this beautiful Chapter, from this Paffage to the laft Paragraph:
his Reaſons for it are obvious, viz. becauſe it could be of no Ser-
vice to the Practice of a French Orator, either at the Bar or from
the Pulpit, but I have carefully preferved it for the Ufe of the
British Reader, to whom alone it can be ferviceable.
Law,
Book II. His INSTITUTES of Eloquence.
87
Law, requires almoſt the whole of an Orator's Abi-
lities. Whether this is an Exercife that belongs moft
properly to the pathetic or the argumentative Part of
Rhetoric, depends upon the Cuſtoms and Conftitu-
tions of different States; for, amongſt the Greeks, the
Enactor of a Law might be fummon'd to appear be-
fore a Judge; while the Cuſtom amongſt the Romans
was to plead for and againſt a Law before an Affem-
bly of the People. Both Manners are compriz'd in
a few, and thoſe almoſt certain, Rules. For Law is
of three Kinds; SACRED, PUBLIC, and PRIVATE.
This Divifion has more Dignity if it is laid down fo
as to grow upon us; that it is a Law, that it is a
public Law, that it is a Law enacted for the Service
of the Gods. As to the Matter to be debated, it is in
every body's Hands. For either the Queſtion muſt
relate to the Infufficiency of the Perfon who brings
in the Law; for Inftance, Publius Clodius, whoſe
Authority was difputed, becauſe he was not created
a Tribune in a proper Manner. A Speaker may
even arraign a Law for not paffing in the neceffary
Forms. And here he has a copious Field; either that
it has not been promulgated for three Market-days;
that it did not pafs upon a proper Day; that it was
carried through againſt the Proteft of a Magiſtrate,
who had a Right to impofe a Negative upon it; or
againſt the Aufpices; or that it wanted fome other
neceffary Form to give it the Sanction of a Law; or
that it claſhes with fome other Law in Force. But
fuch Exerciſes do not fall into the early Part of Edu-
cation I now treat of; becauſe they ſtand uncon-
nected with particular Perfons, Times and Caufes.
In all other reſpects, they are generally treated in the
fame Manner, whether the Difpute be real or ficti-
tious. For a Law mufl be faulty either in Words,
or Matter: With regard to Words, we are to ex-
G 4
amine
88 M. FABIUS QUINCTILIANIUS
Book II.
amine whether they are fufficiently expreffive, and
whether they do not contain fome Ambiguity? With
regard to Matter, we examine whether the Law is
conſiſtent with itſelf, whether it affects the Public, or
only private Perfons? But one main Confideration
is, whether it conduces to Virtue, or to public Uti-
lity only I am fenfible that this Confideration is
generally split into many Parts. But I rank under
the Name of Virtue, whatever is juſt, pious, reli-
gious, and the like. The Term Juſt, however, ad-
mits of various Difcuffions. For we are either to
confider a Fact as being worthy of Puniſhment or
Reward; or the Meaſure of that Puniſhment or Re-
ward, which may be blameable either by being too
great, or too little. As to public Utility, it is to be
determin'd either by the Nature or the Expediency
of the Meaſure, which may depend upon the Cir-
cumſtances of a Conjuncture. Sometimes the Prac-
ticability of a Law is a main Object of Confideration.
'Tis likewife proper to know, that of fome Laws the
Whole is blamcable, and of others only a Part; and
we have Examples of both Kinds in the Compofi-
tions of the most famous Orators. I am likewife
fenfible that fome Laws arc only temporary, and re-
late to the conferring public Power and Honours;
fuch was the Manilian Law,which Cicero recommends
in a Speech. But I forbear to lay down any Rules
upon this Subject at prefent; for they muft arife
from particular Circumftances, and not from any
general Principle.
Such were the Subjects that commonly employed
the Eloquence of our antient Orators, but they bor-
row'd their Method of Reaſoning from the Art of
Logic. For it is pretty plain that the Greeks did
not,till about the Time of Demetrius Phalereus, handle
fup-
BOOK II. His INSTITUTES of Eloquence.
89
fuppofititious Caſes in the fame Manner as if they
were to be debated at the Bar or the Council-Board.
I have already confeffed myfelf, in another Book, to
be ignorant whether he invented thoſe Kinds of Ex-
erciſes; they who are very pofitive that he did, are
by no means well founded in their Authority. Cicero
himſelf, however, tells us that Latin Profeffors began
firſt to practiſe a little before the Death of Lucius
Craffus; of which Profeffors, Plotius was the moſt re-
markable.
CHA P. V.
CONCERNING READING THE WORKS OF ORATORS
AND HISTORIANS UNDER A PROFESSOR OF RHE-
TORIC.
That a Profeffor of Rhetoric ought to inftruct his Pupils
in the Works of Hiftorians and Orators, and point out
the Beauties and Blemishes of both-That Sometimes
be is to read incorrect Orations-That he is frequently
to examine them—The very great Advantages attend-
ing fuch Exercifes.
I is the
SHALL foon have Occafion to touch upon the
Method of Declaiming; meanwhile, as I now am
treating only on the Rudiments of Rhetoric, it is
proper I ſhould here lay down a Method by which
the Pupil will reap great Advantages. We have feen
that Grammarians require their Scholars to explain
the Works of the Poets; in like manner let the Pro-
feffor of Rhetoric inftruct his Pupils in the reading
of Hiſtory, and, above all, of Orations. This is a
Practice
90
Book II.
M. FABIUS QUINCTILIANUS
Practice which I went into with a few of my Scho-
lars, whofe Age feem'd to require it, and whofe Pa-
rents thought it ferviceable to their Education. But
in the main, tho' I was fully apprized of the Utility
of this Method, yet I was under two Difficulties:
In the first place, long Habit had eſtabliſhed quite a
different Method of Teaching; and young Gentle-
men when they came to be a little advanc'd, not
being fond of that Trouble, followed the Examples
that were ſet them by me, without having recourſe
to Originals. Now, tho' I was late in finding out the
Method I have laid down, yet I am not at all
aſhamed to recommend it for the future. I am very
fenfible that it now prevails amongst the Greek Pro-
feffors, but they leave it chiefly to their Affiftants,
becauſe they think it would take up too much of
their Time, were they themselves to prelect, and
their Scholars, after them, to explain, thofe Authors.
And, to fay the Truth, that Kind of Prelection
which confifts in inftructing Boys to read with Free-
dom and Exactnefs, and even that which is employ'd
in explaining the Meaning of every Word that is a
little uncommon, is very unfuitable to the Bufineſs
of a Profeffor of Rhetoric. But the Man who un-
dertakes that Province, is fulfilling the Duties of his
Profeffion and his Character, while he is pointing out
Beauties, and fometimes Blemishes, in Compofitions,
And the more fo, becauſe I do not mean that a
Profeffor fhould be obliged to attend every of his
Scholars, as he would do little Boys, in reading every
Book which each of them may fancy. For, to me,
it ſeems the eaſieſt as well as the moſt profitable
Method for the Profeffor to enjoin Silence, and to
appoint one Student to read (who is to take it in
his Turn) that the others may apply to the obtain-
ing
BOOK II, His INSTITUTES of Eloquence,
91
ing a juft and clear Pronunciation. Then, after ex-
plaining the Occafion upon which the Oration is
compos'd (for, by that Means, what the Mafter fays
will be the more clearly underſtood) he is to ſuffer
nothing to paſs unnoticed; but to remark
every Pro-
perty both of Invention and Expreffion. He is to
point out the Orator's Art at his fetting out in con-
ciliating the Affections of the Judges; his Perfpicuity
in ftating Facts; his Concifenefs, his Exactneſs; how
full of Meaning in one Period, of Cunning in an-
other, and how artful thro' all. For the whole Art
of his Profeffion confifts in difguifing Art fo as none
but an Artist can find it out. The Maſter is then to
obſerve with what Skill the Orator divides his Sub-
ject; how fubtile, how quick he is, in Reafoning;
with what Power he infpirits, with what Softnefs he
fooths; his Invectives how keen, his Wit how deli-
cate; what Command he has over the Affections,
how he breaks into the Paffions, and how he moulds
the Minds of his Judges to every Purpoſe of his
Pleading. With regard to Elocution, he is to point
out every Property, Ornament, and Sublimity of
Expreffion; where it was needful to amplify, and
where to extenuate; where a Metaphor is beautiful;
where a Figure is juft; and where the Orator has, in
his Compofition, united Strength with Smoothneſs,
and what is flowing with what is manly.
It likewife may be of Service to give Boys public
Lectures upon Orations that, in themſelves, are of a
corrupted, faulty Compofition, and yet, thro' the
Prevalence of bad Tafte, are generally admir'd.
Here the Profeffor will have an Opportunity to fhow
his Pupils, how they are fill'd with Paffages im-
proper, obfcure, fwelling, creeping, mean, affected,
and effeminate; and yet thofe Paffages not only meet
with
92
Book II.
M. FABIUS QUINCTILIANUS
with a general Admiration, but, what is worſe, their
very Faults beget that Admiration. For a Difcourfe
that flows in a plain, natural, Manner, feems to de-
note no Genius; while we are apt to admire, as
fomething very curious, whatever is out of the
common Road. In like manner, fome People put a
greater Value upon Figures that are diſtorted, and
in ſome reſpect, monftrous, than they do upon thoſe
who have loft none of the common Beauties of Na-
Others are fond of mere Appearances; they
love the Man who plucks his Hairs out by the Root
to make his Face fmooth, who applies the Curling-
Iron to his Locks, who buys his Complexion; they
think that, in fuch a Figure, there is more Beauty,
than in all that can be beſtowed by uncorrupted Na--
ture; as if the Comeliness of the Perfon aroſe from
the Depravity of the Mind.
ture.
The Profeffor ought not only to inculcate thefe
Truths, but he ought frequently to examine his Pu-
pils, and to make trial of their Capacities. Thus,
they never will be off their Guard, nor will his
Rules flip thro' their Memories, while, at the fame
Time, they are ftill tending to the main Point, that
of being able to invent and judge for themfelves.
For what other Purpoſe has Teaching, than that a
Pupil may at laft be under no Ncceffity of being
taught?
!
I will be bold enough to fay, that an exact Ob.
fervance of the Exercifes I now recommend will be
of more Service to Scholars than all the Arts of
Teaching ever yet invented, tho', no doubt, they are
very ſerviceable. But how is it poffible, in fo ex-
tenſive a Syſtem, to touch upon every different Cir-
cumftance that daily occurs? Thus, tho' the military
Art is laid down in certain general Rules, yet a
Soldier
BOOK II. His INSTITUTES of Eloquence.
93
Soldier receives the moft Inftruction when he learns
upon what Account, in what Situation, and at what
Emergency, thofe Rules have been applied, with
Judgment, by great Generals. For, in almoſt every
Art, Experience is more ferviceable than Precepts.
Suppofing a Maſter is to give to his Scholars a Spe-
cimen of his Eloquence, which is to ferve them as a
Model for theirs ; can we think they will not re-
ceive more Benefit by reading Cicero and Demofthenes?
The common Practice is, to fet a young Gentleman
right where he is wrong in his rhetorical Exercifes.
But will it not be more ferviceable, nay more pleaſ-
ing, for him to correct the Compofitions of another?
For every Man chufes to have another Perfon found
fault with rather than himſelf. I could enlarge
greatly upon this Subject, did I not think the Truth
of my Obfervations felf-evident, and I wish they
were put in practice with as much Pleaſure, as, they
may, with Profit. Could I fucceed in this, I fhould
find no great Difficulty in determining the Queſtion,
what Authors a young Gentleman is firſt to read.
C H A P. VI.
CONCERNING THE AUTHORS THAT ARE TO BE
FIRST READ BY A STUDENT.
A
That he is to begin with reading the beft Authors
Caution against his too implicitly following either the
Antients or the Moderns.
SO
OME have recommended thofe of the leaft
Eminency, becauſe they ſeem eaſieſt to be un-
derſtood. Some have recommended Authors of a
more
94
M. FABIUS QUINCTILIANUS BOOK II
m.ore ornamented Kind, as being beft adapted to in-
form the dawning Genius. For my part, I am of
Opinion that they ought to begin with, and continue
in reading, the very beft Authors, and out of them I
would have them chufe the moft intelligible and the
moft explicit. Thus, I recommend Livy, rather than
Salluft, to a Boy: The former is more copious, tho'
a Student before he can underſtand him, muſt make
fome Progreſs in Learning. Cicero, in my Opinion,
will both pleaſe and inform the young Beginner;
for as Livy obferves, in Proportion as the Student
reſembles Cicero, he will receive Delight, as well as
Benefit, from his Works.
There are, in my Opinion, two Manners, which,
in Education, ought to be chiefly guarded againſt.
The firft is, that a Maſter be not fo great an Ad-
mirer of Antiquity as to bring a young Gentleman
to contract a Habit of imitating the Stile of the
Gracchi, Cato, and other old Authors. For his Com-
poſitions, thereby, muſt become uncouth and unpleaf-
ing. For being yet incapable to judge of their E-
nergy, he will form himſelf upon their Stile, which,
tho', in their Days, it doubtlefs was very beautiful, is
diſagreeable in ours, and, what is worst of all, they
will fancy that they reſemble thofe great Men, tho*
they do it only in their Defects.
;
Another, and an oppofite, Extreme is to be guarded
againſt for a Mafler ought to take care left his
Scholars, captivated by the Flouriſhes of modern
Affectation, be enticed into fo bad a Taſte as to be-
come fond of that luſcious Manner, which, the
more puerile it is, is the more agreeable to the Ca-
pacities of Boys. After, however, a young Gentle-
man's Tafte is form'd, and when there is no Danger
of its being debauch'd, I adviſe him to read both
2
the
1
BOOK II. His INSTITUTES of Eloquence.
95
the Antients and the Moderns: If he borrows from
the former, Manlineſs of Sentiment, and Solidity of
Underſtanding, but clear'd from the Ruft of thoſe
rude Times, they will appear to much more Advan-
tage in our modern Drefs; for the Moderns too have
great Merits.
Nature has not curft us with any
Dullness of Apprehenfion, but we have deviated
from the antient Manner of Expreffion, and indulged
ourſelves too much in Softneſs and Smoothneſs, fo
that we fall fhort of the Antients, not ſo much in
Genius as in Manner. There is great Variety of
Beauty for our Choice, but we are to take Care, that
it be not contaminated by being mix'd with what is
otherwiſe. I am, however, ready not only to ac-
knowledge, but to maintain, that not only former
Ages, but the preſent, have, furniſhed us with Writ-
ers, who may ſerve as perfect Models of Imitation
in every Part of their Compofitions. But few there
are who can point thoſe Writers out. It is fafer for
a young Gentleman to imitate the Antients, even
tho' he ſhould do it injudiciously; for I am againſt
his beginning with the Moderns, left before he knows
their Beauties, he ſhould imitate their Defects.
*
CHAP.
VII.
THAT BOYS ARE TO LEARN BY HEART SELECT
PASSAGES FROM ORATORS AND HISTORIANS,
BUT SELDOM ANY THING OF THEIR OWN COM-
POSING.
U
Some of them,
PON this Head there has been a Difference
in the Practice of Profeffors.
after fetting their Pupils a Subject,
to which they
were
96 M. FABIUS QUINCTILIANUS BOOK II.
were to ſpeak, not only inftructed them in the Man-
ner of dividing it, but proceeded to cloath it in pro-
per Expreffions, and to handle it not only problemati-
cally, but pathetically. Others, after drawing the
firft Outlines of a Subject, afterwards handled thoſe
Parts of it, which each Scholar had omitted, and
touch'd fome Topics with as mafterly a Hand as if
they had been to exhibit them to the Public as their
own.
As both thofe Manners are improving, I am not,
therefore, for ſeparating the one from the other. But,
if we were confined to follow one of them only, I
think it is more inftructive for Pupils to be put in
the right Road at firſt, than to be brought back after
they have gone aftray. In the firſt place, becauſe they
do no more than barely attend to the Corrections
made in their Pieces; but when they are, at firſt, in-
ftructed in the proper Manner of dividing them,
they know better how to execute, as well as how to
judge. In the next place, a young Gentleman bears
better with Inftruction than with Reproof. In our
prefent Method of Education, fome are fo quick and
fo touchy, as to difdain Admonition, and to conceive
a fecret Averfion to it. Not that, for this Reaſon,
they are not to be roundly told of their Faults, for
the Maſter is to have a Regard for the reft of his
Scholars, who preſume that every Paffage is faultlefs,
that is not corrected by him. Now,, I am for mix-
1
ing both Methods of Inftruction, and applying them
as Occafion fhall ferve. To young Beginners, I am
for giving a flight Sketch of a Theme, fuited to
their different Capacities. After they have fuffi-
ciently employ'd themſelves upon this Exercife, I am
for marking out certain Lines which they are to fol-
low; and by which they fhall be enabled, by the
2
Strength
BOOK II. His İNSTITUTES of Eloquence.
99%
Strength of their own Genius, to make a farther Pro-
greſs, without any other Affiſtance. For it is proper
fometimes to leave them to themſelves, left, by con-
tracting a bad Habit of always following the Com-
pofition of another, they make no Attempts or Ef
forts of their own.. Now, if they appear to be to-
lerable Judges of what is proper to be faid, the Ma-
fter is almoft at the End of his Labour. But fhould
they ſtill continue to miſtake, he muft fet them right.
We obferve ſomewhat of the fame Kind in Birds,
who feed their unfledg'd Young ones with Nouriſh-
ment from their own Bills. But no fooner are they
feather'd, than they fhow them by Degrees how to
leave their Nefts, and to flutter round their Habita-
tion but when they are full grown in Strength,
they leave them to truft to their own Abilities, and
to range thro' the open Regions of Air.
;
CHA P. VIII.
THAT BOYS ARE TO LEARN BY HEART SELECT PAS-
SAGES FROM ORATORS AND HISTORIANS, BUT
SELDOM ANY THING OF THEIR OWN COMPOSING.
A M entirely for difcontinuing the Cuſtom which
obliges Boys of the Age I now treat of, to get
by heart all they write, and to repeat it at a certain
Time. This Practice is chiefly encouraged by Pa-
rents, who imagine that their Children are more ad-
vanc'd in their Studies, the more they practife fuch
Repetitions; feeing the more diligent they are, the
more they muft improve. Now I am a great Friend
to Boys beſtowing a great deal of Time in com-
pofing, which I admit to be one of the chief Parts
of Education; but, at the fame time, I am ftrongly of
H
Opi
98
M FABIUS QUINCTILIANUS
Book II.
Opinion, that, what they get by heart ought to be ſe-
lect Paffages from Orations and Hiftories, or fome
Works that are worthy of their Attention. For the
Memory is more intenfely employ'd in becoming
mafter of what is another's, than what is one's own.
And whoever has had Experience of this laborious
Exercife, will more naturally, and more eaſily, fix in
his Memory his own Compofitions. Provided Boys are
early accuſtomed to compofe after the beft Models,
they will always have within themſelves a proper
Subject for Imitation; nay, without Study or De-
fign, their Expreffion will fall into that Kind of Style,
which has made the deepeft Impreffion upon their
Minds. They never will be at a lofs for Plenty of
the beſt Terms, the Manner of Compofing, and
Propriety of Figures, which they need not hunt for,
becauſe they will naturally prefent themſelves as from
a Magazine treaſur'd up in their own Minds. Add
to this, they will be furniſhed with a Store of re-
markable Sayings, which, in Diſcourſe, is agreeable,
and, in Pleading, ferviceable. For I obferve, thofe
Sayings that are not coin'd to ferve the prefent Pur-
poſe of a Pleading, have more Weight with them,
and are attended with more Applaufe, than if they
were our own. Young Gentlemen, however, ought
to be allow'd ſometimes to repeat their own Compo-
fitions, that they may enjoy the full Extent of Re-
ward for their Labours, by meeting with that Ap-
plaufe which is the chief Object of their Ambition.
But this ought to be fuffer'd only when they have
compoſed ſomewhat that is poliſh'd and correct, for
then they will look upon their delivering it to be a
Reward for their Study, which they will take a Pride
for having deferved.
3
CHAP.
BOOK II. His INSTITUTES of Eloquence.
99
CHA P. IX.
THAT EVERY YOUNG GENTLEMAN OUGHT TO BE IN-
STRUCTED ACCORDING TO THE BENT OF HIS GENIUS.
IT
T has generally and defervedly been accounted a
great Merit in a Maſter to obſerve the different
Capacities and Difpofitions of his Pupils, and to
know what Nature has chiefly fitted them for. For
in this reſpect, the Variety is fo incredible, that we
meet with as many different Kinds of Capacities as
of Perfons. To prove this, we need only to ob-
ferve the Difference amongſt Orators themselves,
which is fo great, that not one of them is like an-
other, fo much do they all vary from one another in
their Manner of Speaking; tho' a great many have,
at the fame time, applied to fome favourite Mafter or
other. Moft Teachers think that the proper Way
to educate a Youth, is to cheriſh, by Inftruction, the
peculiar Talents which Nature has given him, and
to affiſt his Progrefs in that Walk, into which his
Genius leads him. Thus, one who underſtands the
Exerciſes, when he comes into an Academy fill'd
with young Gentlemen, after trying every one's A-
bilities both of Body and Mind, can pronounce what
Exerciſe each is fit for. In like manner, a Maſter
of Eloquence, after a fagacious Infpection, can pro-
nounce that ſuch a Boy's Genius leads him to a cloſe,
polish'd Manner of Speaking; another's, to a
keen, a weighty, a ſmooth, a ſharp, a bright, or a
witty Manner. He will then fo adapt himſelf to
every one, as to improve each in that Manner,
for which Nature has chiefly fitted him. For Na-
ture may be greatly affifted by Art, and a young
Gentleman who is fet upon a Study that is dif-
agreeable to his Genius, can never make any con-
ſiderable Advance in that Study, and by abandoning
H 2
the
100
M. FABIUS QUINCTILIANUS Book II.
the Path chalk'd out by Nature, he will make a
poorer Figure in thofe Studies for which ſhe has de-
fign'd him. But, as my Maxim is to follow Rea-
fon and Experience, preferably to all Opinions,
however univerfally eftabliſhed, I muft declare that
I think this is only true in Part. It is indeed abſo-
lutely neceffary to confult a young Gentleman's Ge-
nius, and to encourage him to ftrike into that Walk
of Learning for which Nature has fitted him. One
young Gentleman may be fit for the Study of Hi-
ftory, another for Poetry, another for the Law, and
fome perhaps may be fit only to follow the Plow.
The Profeffor of Rhetoric will be as curious in ex-
amining all this, as a Maſter of an Academy of Ex-
ercifes is in examining what Pupil is fit for Racing,
what for Boxing, what for Wrestling, or for any of
the other Exerciſes practifed at the Olympic or other
facred Games. But the Youth who is defigned for
the Forum, is not to apply himſelf to one Part only,
but to all Branches of the Art, however difficult the
Study of them may be ; for if Nature is fufficient for
all this, there can be no manner of Occafion for Ap-
plication.
Suppofing a young Gentleman's Genius to be vi-
tiated, as is often the Cafe, that he indulges too
turgid and fwelling a Vein of Writing, are we to
fuffer him to perfevere in this, or when it is ema-
ciated and naked, are we not to nouriſh it, and, as it
were, to cloath it? If it is neceffary that fomething
fhould be lopp'd away from fome Kinds of Genius, is
it not allowable to fupply the Defects of others?
This is not going againſt Nature. For I am of O-
pinion, that when Nature has furniſhed out any
Thing good in a Genius, we are not to fuffer it to
periſh, but we are to feed and to fupply it, where it
is
Book II.
His INSTITUTES of Eloquence. 101
is deficient. Did not Ifocrates, whofe Works provę
him to have been as great an Orator as his Scholars
atteft him to have been an able Mafter, fpeaking of
Ephorus and Theopompus, pronounce, that the one
wanted a Rein and the other a Spur? Thereby giving
it as his Opinion that, by Inſtruction, the Slowneſs of
Parts in the one, and the too great Rapidity in the
other, might be mended, and that the two together
would make a good Mixture.
We are, by all means, to humour a weak Genius,
fo that it may be train'd to that Purpofe for which
Nature has fitted it; for, by this Means, it will fuc-
ceed the better, if confin'd to thofe Exerciſes to
which alone it is adapted. But when a fuperior Ge-
nius prefents itſelf, a Genius that gives well-grounded
Hopes that it will one Day fhine in Eloquence, we
are to bestow upon it all the Powers of Rhetoric.
For tho' it will have a neceffary Propenfity to one
Caft of Speaking, yet it will enter upon every Spe-
cies, and, by Application, it will render what it ac-
quires by Study equal to what it inherits from Na-
ture. Thus, the Maſter of an Academy, that I may
purſue the fame Allufion, if he is to teach a Scholar
who is to be accomplished in all bodily Exerci.es,
will not only teach him to fight with his Hands or
his Heels, how to give a Fall, or any particular Way
of Wreſtling, or Striking, but he will inftruct him
alike in every Part of his Exercifes.
It is poffible that, in fome Parts, a Scholar may be
deficient; in that Cafe, let him apply chiefly to what
he can fucceed in. For two Things are always to be
avoided; first, you are to attempt nothing that is
impoffible; fecondly, you are not to divert a young
Gentleman from that Part of Study in which he can
excell, into that Part for which he is not fitted by
Nature.
H 3
102 M. FABIUS QUINCTILIANUS
BOOK II.
Nature. But were we to inftruct a Genius like that of
Nicoftratus, that famous Champion, whom I remem-
ber old when I was young; we are to beſtow upon
him every Power of Inftruction in every Branch of
Exercife, and make our Orator invincible, as he was
both in Wreſtling and Boxing, for both which he
was crown'd Victor in one Day. Now, how much
more is this Duty incumbent upon the Teacher of a
future Orator? It is not fufficient that he confines his
Style to the clofe, to the delicate, or the ſpirited
Manner, no more than a Mufic-mafter will try to
excel in fharp, in mean, or in grave Tones only, or
in their particular Subdivifions. For a Speech, like
a Harp, is never in perfect good Order, unless there
is a complete good Harmony between all its con-
ſtituent Parts, all which ought to be wound up to
the fame Pitch.
H
CHA P. X.
CONCERNING THE DUTIES OF SCHOLARS.
AVING thus been pretty full upon the Du-
ties of Maſters, I am now to recommend one
Thing to Scholars, which is, that they be as fond of
their Mafters as of their Studies, and that they look
upon them as the Parents of their Minds, tho' not
of their Bodies. This affectionate Difpofition is of
infinite Service to Study; it makes Students willing to
hear, ready to believe, and ambitious to imitate their
Maſter; and to meet together with Joy and Chear-
fulneſs in the School of Learning. When check'd
they will not be affronted, when commended they
will
BOOK II. His INSTITUTES of Eloquence.
103
will be pleas'd, and each will vie with the other,
who fhall be the moft dear to the Mafter. As the one
thinks it his Duty to inftruct, fo the others will think
it theirs to improve, and that they are of mutual
Service to each other. Thus, as the two Sexes are
neceffary to the Formation of a Man, and as the
Ground receives the Seed in vain, unleſs it is duly
prepared by Culture; fo Eloquence never can have
its Effects, but by a perfect Harmony between the
Maſter and the Scholar.
CHAP. XI.
THAT THE IMAGINARY SUBJECTS, UPON WHICH
YOUNG GENTLEMEN SPEAK, SHOULD, AS MUCH AS
POSSIBLE, RESEMBLE THE CAUSES THAT ACTU-
ALLY HAPPEN IN COURTS OF JUSTICE.
HE Exerciſes I have now recommended are
TH
far from being inconfiderable, nay, they are
conftituent Parts of more important Studies; and a
Pupil who is well inftructed and fufficiently exerciſed
in them, is now almoſt in a Condition to enter upon
the deliberative and the judicial Parts of Pleading.
But before I touch upon this Subject, I muſt premiſe
fomewhat concerning the Method of ſpeaking upon
imaginary Subjects; a Practice, tho' of the moſt
modern Invention, yet by far of the greateſt Service,
in Rhetoric. For it is a Practice that comprehends
all the different Exercifes, which I have been re-
commending, and prefents us with the most lively
Refemblance of Truth. It is, therefore, fo much cul-
tivated, that many think it, of itſelf, fufficient to form
a compleat Orator. For an uninterrupted Speech
requires
H 4
104 M. FABIUS QUINCTILIANUS Book II.
requires no Power of Eloquence, that does not fall
in with thoſe Compofitions of fuppofititious Plead-
ings. It is true, this Practice has fo degenerated
thro' the Fault of Profeffors, that the Wildneſs and
Ignorance of thoſe who ſpeak in this Manner will be
the chief Means of ruining Eloquence. But there is
a right Ufe to be made of every Thing that Nature
has meant for our Good. The imaginary Subjects
therefore that are given, fhould, as much as poffible,
reſemble Truth; and the Pupil, in fpeaking to them,
fhould form himſelf, all he can, to the Manner of a
real Pleader, upon a fimilar Subject. As to Cafes
of Magic (a), of Defolation by Peftilence, of oracu-
lar Refponfes, of Stepdames more unnatural than
Poets can make them, and a hundred other Subjects
ftill more improbable than thefe, we never find any
fuch in the Courſe of Pleading, or the Practice of
the Bar.
!
Then, it may be faid, are we never to fuffer
young Gentlemen to ſpeak upon fuch extraordinary
Subjects? Are they never to handle, what we may
call, a poetical Theme, in order to give a Loofe to
(a) Magic.] Our Author's Obfervation here is extremely juſt,
and it has been verified in all Periods, that immediately preceded
a Degeneracy of true Tafte. The Marvellous takes place of the
Natural, and the Romantic of the Probable. Seneca, with all his
Wit and Elegance, had, before our Author's Time, fritter'd away
the native Graces of the Latin Style. True Compoſition either in
Speaking or Writing, after that, began to be dilus'd, and a falle
Tafte for quick, fmart, Sentences grew in vogue, which not being
fupported by Strength of Sentiment, and Juftnefs of Expreflion,
in a few Years, introduc'd ftrain'd Metaphors, falfe Allufions, and
a Thouſand other Deformities of Style. In confequence of this
Tafte, the Schools of Eloquence were over-run with unnatural,
improbable, Subjects, fuch as thofe mentioned here by our Author,
with a very juft Indignation, and the Depravity of the public Tafte
increas'd fo much after his Death, that Declamations upon fome
of the Subjects he here ridicules, are actually now extant under his
Name.
their
BOOK II. His INSTITUTES of Eloquence. 105
their Genius, to ſport with their Imagination, and to
form it, as it were, into Reality (b)? I think it were
better if they did not. But if they muſt, let the
Subjects chofen, be great without fwelling; let
them not be foolish; let them not be fuch as every
Man of Senfe muft laugh at. We fee our Cattle when
turn'd into a plentiful Pafture, are cured, by being
blooded, if they grow too fat, and thereby they re-
turn with proper Reliſh to the Food that gives them
the beſt Nouriſhment. In like manner, if we are to
indulge an Orator in this Practice, if he finds he has
contracted, thro' it, any grofs Humours, any corrupt
Juices, he ought to diſcharge them, if he wants to
continue in Health and Vigour. If he does not,
his bombaft, fwelling, Manner will be difcover'd
every Time he begins to plead upon real Buſineſs.
But whoever is of Opinion that this whole Prac-
tice, of Declaiming or fpeaking upon imaginaryCaufes,
ought not to be founded upon the fame Principles as
thofe of real Pleading, fuch a Man, I will venture
to fay it, is ignorant of the Reafon for which this
Exercife was introduc'd. For if it does not fit a
Pupil for the Bar, his Manner muft refemble that of
a Player upon the Stage, or a Patient in a Mad-
Houſe. To what Purpofe is he to win the Affec-
tions of a Judge, when no Judge is before him; to
lay out a Cafe, which every Body knows never hap-
pen'd, or to bring Evidences of a Fact into which
none is to examine? All fuch Practice is mere tri-
fling, which is the beft that can be faid of it. For
how ridiculous is it to work ourſelves into a Paffion,
But there is fomc-
(b) Orig Quafi in Corpus cant.) Commentators tell us, this
Expreffion fignifies, that they may grow fut
what indelicate in the Image, and I think the Senfe I have given
the Expreflion is better adapted both to cur Author's Words and
Meaning.
to
106
M. FABIUS QUINCTILIANUS Book II.
to be fir'd with Refentment, or melted in Grief,
unleſs we mean by fuch Reprefentations to prepare
ourfelves for real Occafions, and pitch'd Fields of
Battle?
Ought there then to be no Difference between the
Practice at the Bar, and this declamatory Manner?
Seriouſly ſpeaking, there is none. And I wish that
the Cuſtom were attended with the making uſe of the
real Names of Parties, and inventing Caufes of the
moſt perplex'd and tedious Nature, and that we
were lefs afraid of Words that are in daily Ufe,
nay, that we intermix'd fome Humour with our De-
claiming, in all which refpects, we are Novices when
we come to the Bar, however alert we may be in
other Things which we have practifed in the School.
It is true, were a Declamation to be pronounc'd for
mere Amuſement, it ought to be fomewat adapted
to pleaſe the Hearers. For in thofe Speeches which
doubtless have fome Truth for their Foundation, but
are formed to captivate the Ear of the Public, fuch
as Panegyrics, and the whole demonftrative Kind,
more Flouriſhes are allow'd, and the Speaker ought
not only to profefs but difplay to his Hearers,
affembled for that Purpofe, all that Art of Eloquence,
which generally ought to be concealed in real Plead-
ings. Declamation, therefore, being the Refemblance
of a real Action and a Trial, ought to have as near
a Likeneſs to Truth as poffible; tho' it admits of
fome Embelliſhment, as having, in it, fon ewhat of the
oftentatious Manner. Such is the Practice of comic
Authors; for they neither fpeak in our Tone of
common Converfation, (becaufe if they did, they
could not ſhow their Art,) neither do they deviate
much from Nature, for, in that Cafe, they could not
be called her Imitators; but they embellifh the Man-
}
ner
BOOK II. His INSTITUTES of Eloquence. 107
ner of common Converſation with certain theatrical
Graces.
Thus, fome Improprieties always muſt attend our
Speaking upon imaginary Subjects, and chiefly be-
cauſe a great many Circumftances which we take for
granted, are really undetermined; fuch as the Ages,
the Fortunes, the Children and the Parents of Parties;
the Strength, the Conſtitutions and the Manners of
Cities, and the like. Nay, fometimes we lay the
Streſs of our Reafoning upon wrong Facts. But of
this I fhall ſpeak in a proper Place. For tho' the
Education of an Orator is my, profefs'dPurpoſe in this
Work, yet I will tranfiently touch upon every thing
which properly relates to teaching, that they who
are ftudious, may, in no refpect, be at a Lofs for In-
formation.
CHAP. XII.
A REFUTATION OF THOSE WHO THINK THAT ELO-
QUENCE STANDS IN NO NEED OF RULES.
I
A M now to enter upon that Part of the Art,
at which they, who admit of what I have already
laid down, generally begin. It is true, in my very
Entrance, I meet with an Oppofition from thofe,
who think that Eloquence has no Manner of Occa-
fion for fuch Rules. Nay, fatisfied with the Strength
of their own Genius, with the common Method,
and the Practice of the Schools, they laugh at my
Exactneſs. Even fome Profeffors of Reputation are
of the fame Opinion; for one of them, if I miſtake
"
not,
108 M. FABIUS QUINCTILIANUS BOOK II.
·
not, being aſked what the Difference was between a
Figure and a Sentiment, anſwered, really that he did
not know, but if the Thing was of any Importance,
it might be found in his Declamation. (a) Another
being aſked, whether he ufed the Theodorean or A-
pollodorean Manner, his Anfwer was, I ufe my Fifts,
Sir. This, it muſt be acknowledged, was the hand-
fomeft Evafion he could find for his Ignorance.
Some befides, who are happy and eminent thro'
their Genius, and have given noble Proofs of their
Abilities in Declamation, have many who refemble
them in their Inaccuracies, but few in their Genius.
Let fuch, therefore, value themſelves upon the
Impulſe, and upon the Force, of their Nature; let
them tell us, that there is no manner of Occafion
for any Art in ftating or proving a Matter, that
is merely imaginary; and that, in order to bring
together a crowded Audience, there is Occafion
for nothing, but lofty Sentiments, and the more
daring they are, the better. You may fee fuch
Men, without any rational Plan of Thinking, for
feveral Days together, with their Eyes fixed upon
the. Cieling, waiting till fome bright Thought fhall
dart itſelf into their Brains, or, roufed by the mutter-
ing Noiſe they make, as by a Trumpet, twift their
Bodies into a thouſand Shapes, not in pronouncing,
but in hunting after, Words.
Some of them, before they fix upon the Subject
of their Harangue, mark out certain Stages in
it, at which they are fure to fhow away with fome-
what that is very ſmart, and pretty. But after long
*
(c) Another.] Orig. Alius percontanti, Theodoreus, an Apollodorcus
effet; Ego, inquit, Parmulárius fum. The Reader is to obferve,
that Theodorus and Apollodorus were famous Profeflors of Rhetoric,
and the Parmularii were Prize-Fighters.
and
BOOK II. His INSTITUTES of Eloquence.
109
and deep Meditation, being unable to connect their
Thoughts, they throw up what they begun, and
then return to this or the other Subject, equally bat-
ter'd and hackney'd about.
Such of them as act moft fenfibly, beſtow their
Pains, not upon real Cauſes, but, upon certain To-
pics, in handling which, they have no Regard to
the Mark, they ought to aim at, but lay about
them at Random, with any accidental Weapon,
that firſt comes to Hand. From thence it happens
that the whole of their Compofition, being uncon-
nected, and patched up of different Materials, can-
not hang together; and it refembles a Boy's foul Book,
by being filled with Scraps and Paffages from the
moſt celebrated Declamations of others. Mean
while, their great Boaft is, that they ſtrike out noble
Sentiments and excellent Things, but have we not
known Barbarians and Slaves do the fame? And, if
that is fufficient, there is no Art in Eloquence.
CHA P. XIII.
AN ENQUIRY, WHY THEY WHO HAVE HAD THE
LEAST EDUCATION, ARE GENERALLY SUPPOSED
TO HAVE THE MOST GENIUS.
I
READILY acknowledge it to be a general Opinion,
that the uninftructed feem to fpeak with moſt
Force. But, in the firft Place, this proceeds from
a miſtaken Notion, that the more artless a Thing
is, it is the more forcible; that is, it is a greater Proof
of Strength to beat down a Door, than to open it;
to break a Knot than to unloofe it; to drag a Crea-
2
ture
110
Book II.
M. FABIUS QUINCTILIANUS
ture, than to lead it along. In like Manner, they
eſteem a Gladiator the braveft, and a Boxer the
hardieſt, when the former, without any Guard, ruſhes
upon his Antagonift, and the latter, with the full
Sway of his Body, flings himſelf out to faften upon
his Enemy; tho' in fact, the one is often laid fpraw-
ling upon the Ground thro' his own Fury, and the
violent Attack of the other parried, by a very flight
Motion of his Adverfary's Wrift.
But, in this Reſpect, the unſkilful are impofed
upon by certain Appearances. For the vaſt Ad-
vantages that Method gives to Pleading, diminiſhes.
the Show of Genius. What is rude feems moſt
bulky; and Parts, when ſcattered, appear more nu-
merous than when put in Order. There is, befides,
a ftrong Refemblance between certain Vices and
Virtues; Railing is miſtaken for Freedom of Speech,
Raſhneſs for Courage, and Profufion for Generofity.
Now, an ignorant Pleader, is the moft liberal of
Railing, and most frequent in the Exercife of it,
generally to the great Danger of his Client and
himſelf. This Practice likewife brings a Pleader in-
to Requeſt, becaufe People are generally fond to
hear thoſe Things that they would not fay them-
felves.
Such a Pleader is likewife lefs cautious in fhun-
ning, and more defperate in tempting, the Dangers
that lie in framing the very Expreffion of his Speech.
Thence it fometimes happens that the Man, who is
always grafping after what is too much, catches.
fomewhat that is great. But this feldom happens,
and when it does, it does not counterbalance other
Blemishes.
For a like Reaſon, the irregular Pleader feems
to have the greateſt Flow of Words, becauſe he
pours
BOOK II. His INSTITUTES of Eloquence,
III
pours forth all he knows, whereas the regular both
chufes and arranges his Expreffions.
Add to this, that the irregular Pleader generally
rambles from his main Subject. By this Means, he
fhuns all thoſe puzzling Queſtions and Argumenta-
tions, which bad Judges of Eloquence think fo tire-
fome; while all his Aim is to tickle the Ears of
the Hearers with falfe Pleaſure.
We are likewiſe to obſerve, that the detached Sen-
timents Irregulars happen to throw out, are the more
ftriking by their ftanding in the midſt of every
Thus, as (a) Cicero
when furrounded with
Thing that is mean and fordid.
fays, a Light appears lefs bright,
Shades, than by utter Darkneſs.
The World may afcribe to fuch Pleaders, what
Degree of Merit it pleaſes; but ftill a Man of true
Eloquence would think it an Affront to be compli-
mented upon fuch Excellencies.
It muſt, however, be confeffed, that we loſe fome-
what by Study, as the Stone does by its Poliſh, the
Knife by the Grindstone, and Wine by its Age.
But, like them, we only lofe our difagreeable Qualities;
and the Genius which Literature has polifh'd can be
faid to be diminiſhed in no other Senfe, than as it
is improved.
Irregular Pleaders make the ſtrongeſt Push at
Fame in Eloquence, by the Peculiarity of their
Pronunciation. They are for ever upon the Road,
they ply the Action, as they call it, of the Hand, they
bellow, they ftrut, they pant, they fwagger, they twift
their Bodies, and nod their Pates, like fo many Mad-
men. Sometimes we fee them clap their Hands, ftamp
1
(a) Cicero] I do not recollect the very Words of the Original
here to be in Cicero, but the Reader may confult the 25th and
26th Chapters of his third Book De Oratore,
upon
112 M. FABIUS QUINCTILIANUS BOOK II.
upon the Ground, ftrike their Thigh, their Breaft,
their Forehead, and all this fucceeds wonderfully well,
with a vulgar Audience. Mean time, the Man that
has been regularly train'd to Eloquence, while he
knows how to temper, to vary, to arrange, the
principal Parts of his Difcourfe, knows at the ſame
Time, how to fuit his Colouring to his Action, to
give every Expreffion its proper Emphafis, and if
he ſtudies any Character with particular Attention, it
is that of being modeft, both in Reality and Ap-
pearance.
Such People, as I have been ſpeaking of, miftake
Rudeness for Strength; and we not only fee De-
claimers, but what is ftill more fcandalous, fome
Profeffors, who, after a fhort Practice in Speaking,
fling up all Method, and lay about them with Fire
and Fury, juſt as the Fit takes them; beſtowing
upon thoſe, who have more Regard for Learning,
the Terms of impertinent, lifeless, fpiritlefs and drivel-
ling, and every other reproachful Epithet they can
think of.
Well, let me compliment thofe Gentlemen who
thus without Toil, without Reflection, and without
Study become eloquent, yet I cannot help congra
tulating myſelf in having fatisfied, though not fa-
tiated, the Public, and thereby having long obtained
an honourable Refpite from my Labours, both of
teaching in the School, and pleading in the Forum.
Nor can I reflect without Pleaſure, that, in this my
Retirement, I am employ'd in examining and com-
pofing, for well-difpofed young Gentlemen, fuch
Treatifes as, I hope, will be as ufeful to them, as
they are delightful to me.
CH
CHAP.
BOOK II. His INSTITUTES of Eloquence. 113
CHA P. XIV.
OF METHOD IN THE ART OF ELOQUENCE.
That an Orator is not to confider the Rules of Rhetoric,
as unalterable Laws.-That he ought to confider, what
is moft becoming, and most agreeable.
N
OW, I am not to be call'd upon for fuch a
Syftem of Rules as are laid down by the
Writers upon moft Arts; or that I fhould com-
pile a Body of unchangeable Laws, to which a Stu-
dent is neceffarily to be ty'd down; that I fhould
fettle the preciſe Length and Quality of an Intro-
duction; that I ſhould then go into the State of the
Facts, and invariably fettle that Matter. Next, the
Propofition or as fome affect to call it, the Excur-
fion, then a ſtated Order of Examination, and all
other Circumſtances; which fome obferve, as if upon
Compulfion, and, as if it was Treafon to do other-
wife. Now Rhetoric would be a very eaſy and in-
confiderable Matter, could it be contained in one,
and that a ſhort, Rule. But moft Pleadings muſt be
varied, as their Caufes, Conjunctures, Occafions and
Relations require. Contrivance, therefore, is a main
Confideration with an Orator, becauſe he muſt
fuit himſelf to different Situations, according as his
Subject is circumſtanced.
To do otherwife would be equally abfurd, as if
we were to order a Commander in chief, in forming
his Line of Battle, always to draw up his Front
in one Manner to extend his Wings in another, and
never to flank his Army, but with Cavalry. Such
a Manner may, in general, be extremely right, where
it is practicable, but he may be obliged, by the Na-
I
ture
118 M. FABIUS QUINCTILIANUS BOOK II.
ture of his Ground, to alter his Difpofition; fup-
pofing, for Inftance, a Mountain fhould interpoſe,
or a River run between, or that he is ftreighten'd by
Hills, by Woods, or by fome Unevenneſs of Ground.
The Nature of his Enemies, the Circumftances un-
der which he is to fight, may change his Order of
Battle. Sometimes, he may be obliged to employ an
extended Line, fometimes a Column, fometimes his
Auxiliaries, and fometimes his own Troops; nay,
it may fometimes be of Service to pretend to fly and
actually to fall into a Rout. In like manner, no·
thing but the Nature of the Caufe can direct us,
whether a Preamble is neceffary or needlefs; whether
it ought to be long or fhort; whether the whole
Strefs of the Difcourfe ought to be addreffed to the
Judge, or whether it may not be neceffary to call in
a Figure, fo as to apply indirectly to another; whe-
ther the State of the Cafe ought to be concife or
copious, uninterrupted or digreffive, in the natural,
or in any other, Order? The fame Cafe holds with
regard to Matters that ought to be examin'd; when
it often happens that, in the fame Cauſe, one Party
may find it his Advantage to examine one Witness
firſt, and another, another. For the Rules of Rhe-
toric are not fo facred as Acts of the Senate or Confli-
tution, that are irrepealable, for they ought to be uſed
as Difcretion and Utility requires. I am, however,
perfuaded, that in general they are of Service
; were
they not, I fhould have no Bufinefs to write ; but
fhould we be obliged, by that Utility, to deviate from
general Principles, it ought to direct us, without
our having any regard to the Opinions of Pro-
feffors.
Again I recommend, again enjoin, to ufe Virgil's
Expreffion, one capital Rule, that, in every Pleading
2
an
Book II. His INSTITUTES of Eloquence. 119
an Orator is to regard two Things; what is becom-
ing, and what is proper. Now it is proper to make
frequent Deviations from the Rules generally en-
join'd and laid down, and the fame Practice may be
at the fame time becoming. Thus we ſee Statues
and Pictures differ from one another in Dreffes,
Faces, and Attitudes. Bodies that are drawn, bolt
upright, have, in them, very little Gracefulneſs.
The full Face, the hanging Arms, the Ancles touch-
ing one another, and the whole Body ſtiff from Top
to Toe, look liftlefs. The gentle Bend, or what we
may call, the Sway, of the Body, gives Action and
Animation to a Figure. For this Reaſon, in Paint-
ing or Sculpture, the Hands are form'd to diffe-
rent Actions, and the Face admits of infinite Va-
riety. Some Figures are form'd running, or rufhing
forward; ſome fitting, ſome lying, fome naked, and
others cover'd, and fome partake of both Manners.
What can be more dreadfully convuls'd, and at the
ſame time critically elaborate than Myron's (b) Quoit-
Toffer? But was any one to condemn that Figure,
as being off of its Upright, would he not betray
grofs Ignorance of the Art, the chief Merit of which
confifts in the Novelty, and the Difficulty with
which the Figure is executed? The fame Kind of
Charm and Grace runs thro' the Figures of Rhetoric;
which fometimes confift in the Sentiment, fometimes
in the Expreffion. For they bend fomewhat from
off their Upright, and they have thereby the Merit
of deviating from the general Practice.
The Face communicates an Air to the whole Pic-
ture.
Yet Apelles drew Antigonus, prefenting his
(b) Myren's Quoit-Toffer.) He was a famous Statuary, and this
very Picce is taken notice of by Pliny.
I 2
Side-
116 M. FABIUS QUINCTILIANUS BOOK II.
Side-Face only to the Beholder, in order to conceal
his Deformity in being without one of his Eyes.
Thus, in Speaking, are we not to throw a Veil over
fome Things, which cannot be explain'd with Pro-
priety, or expreffed with Dignity. Timanthes, the
Cithnian, if I miſtake not, obferved this Manner in
the Piece by which he conquer'd Colotes the Teian. The
Subject of it being the Sacrifice of Iphigenia, he drew
Calchas penfive, Ulyffes forrowing, and Menelaus in as
deep an Agony as he could exprefs. Having then
exhauſted his whole Powers of Execution, he found
that it would be impoffible for him properly to re-
preſent the Paffions in the Father's Face, and there-
fore he threw a Veil over it, and left them to the
Imagination of the Beholder. Has not Salluſt ob-
ferv'd the fame Conduct when he fays, For I think it
more proper to say nothing at all concerning Carthage,
than not to say enough ?
For the fame Reafon, it has always been my Cu-
ftom to tie myſelf down, as little as poffible, to uni-
verfal, inflexible, Rules, which the Greeks call nadorina.
It feldom happens that fuch Rules may not ſome-
times be attack'd on a weak Side, nay, quite over-
thrown. But of this I fhall fay more hereafter, when
proper Opportunities prefent. Mean while, I would
not have young Gentlemen think, that they are fuf-
ficiently inftructed in this Art, if they have got by
heart one of the little Books of Rhetoric, that are
generally handed about, and imagine themſelves as
fafe with them, as if they were fortify'd with the very
Bulwarks of Eloquence. The Art of fpeaking well
requires clofe Application, extenfive Practice, re-
peated Trials, deep Sagacity, and a ready Invention.
Rules, however, may affift it, provided they point out
the
BOOK II. His INSTITUTES of Eloquence. 117
the direct Road, without confining the Learner to a
fingle Track, from which, fhould any one think it un-
lawful to depart, he must be contented to make as
leifurely a Progrefs, as a Dancer does upon a ſlack
Rope. For this Reafon we often, for a nearer Cut,
ftrike off from the high Road, which perhaps has
been the Work of an Army, and when our direct
Way is barr'd up by Bridges broken down with the
Force of Torrents, we are obliged to go round; and if
the Door is in Flames, we muſt get out at the Win-
dow. The Study of Eloquence is widely extenſive
and of vaſt Variety; every Day prefents us with
fomething in it that is new, and it is impoffible to
exhauſt the Subject. I fhall, however, attempt to
point out its Precepts, and, out of thoſe, the beſt,
having, at the fame time, an eye to whatever can be
chang'd, added, or abridg'd for the better.
CHA P. XV.
THE DIVISION OF THIS WORK.
HE beft Divifion, in my Opinion, of Rhe-
TH
toric, is to confider the Art, the Artiſt, and
the Work. The Art is the Thing that is to be
ſtudied, and that is, to know how to ſpeak well. The
Artiſt is he who acquires this Art; I mean the O-
rator, whofe Excellency lies in fpeaking well. The
Work is effected by the Artiſt, and that is, a
good Oration. Thefe are fubdivided into different
Species, all which we ſhall ſpeak to in Order; I am
now to treat of the firſt Head.
I 3
С НА Р.
114 M. FABIUS QUINCTILIANIUS BOOK II.
CHA P. XVI.
HAVING REFUTED SEVERAL MISTAKEN OPINIONS,
OUR AUTHOR PROCEEDS TO SHOW THAT RHETO-
RIC IS THE SCIENCE OF SPEAKING WELL.
W
E are to enquire, in the firft Place, what is
Rhetoric? It is variouſly defin'd, but its Defini-
tion contains a twofold Difficulty; for a Difagreement
arifes, either concerning the Quality of the Thing
itfelf, or the Expreffions made ufe of to define it.
The firft and chief Difference of Opinion upon this
Subject, is, that fome think it is poffible even for
bad Men to become Orators. But I join with others
who will not allow this Appellation and Art can be-
long to any, but a Man of Virtue. Some Writers
have detach'd Eloquence from its far greater and
more defirable Part, I mean the Virtue of Life;
fome have term'd Rhetoric to be a Power only;
fome a Science, but not a Virtue; fome Practice,
and fome an Art, but diftinct from Science and Mo-
rality; and fome have even called it the Corruption
of Art, or a nanoTEXVI. In general, they have placed
the Talent of Eloquence either in Perfuafion, or a
Knack for Perfuafion, which may be compaffed
even by a Man of no Virtue. The common De-
finition therefore of Rhetoric is, "The Power of Per-
fuafion." This Opinion owes its Rife to Ifocrates, if
he is really the Author of that Art which is handed
about under his Name. For, tho' he was far from
any Intention of joining with thofe, who defame the
Practice of Eloquence, yet he was too raſh in defining
this Art to be," The Artift of Perfuafion," or what the
Greeks call Пes dy μispyor; for I will not take the
fame Liberty that Ennius does when he calls Marcus
Cetbegus
BOOK II. His INSTITUTES of Eloquence. 115
Plato in his
Cethegus, the Marrow of Suafion (e).
Treatiſe inſcrib'd to Gorgias, advances almoft the fame
Thing; but, it muſt be underſtood not to have been
the Opinion of Plato, but of Gorgias. Cicero, in
many Paffages, defines the Duty of an Orator to be,
"The proper Knack of Perſuaſion;" and in his Books
of Rhetoric, which, by the bye, he himself did not
much approve of, he makes Perfuafion to be "The
End of Eloquence."
Now Perſuaſion may lie in Money, in Favour, in
the Authority or Dignity of a Speaker; in fhort,
the very Afpect, without fpeaking at all, when it
affects us with the Memory of paſt Services, when it
ftrikes us with the Show either of Mifery or Beauty,
is decifive. For, when Antonius defended Marcus A
quilius, tearing open his Robe, he fhewed the Scars
of thofe Wounds which he had received upon his
Bofom, in Defence of his Country, and in fo doing,
he did not truſt to the Force of his Eloquence, ſo
much as to the Power which he knew that fuch a
Sight would have over the Minds of the Roman Peo-
ple, which was fo great, that, it is believed, the Cri-
minal was thereby acquitted. We have feveral Hi-
ftorical Proofs, befides the Oration of Cato, that Ser-
gius Galba (f) eſcaped thro' meer Compaffion, by not
only
(e) Suafion.) Orig. Suada Medullam. The Peculiarity of this
Expreffion lies in the Word fuada, which our Author feems to
think, is too antiquated to be brought into common Uſe. But,
if I miſtake not, it has been made ufe of with a very happy Ef-
fect, by fome of the beſt modern Latin Poets.
(f) Sergius Galba.) It might perhaps be no unufeful Work,
could the Nature of my Defign admit of it, to accompany the
whole of this Tranflation with fimilar Paffages from English Elo-
quence, which was very high in the Reign of Charles I. When
I fay this, I fpeak only of parliamentary Eloquence, for I think
that neither the Bar nor the Pulpit afford us, in the English Lan-
guage, very many Specimens of Eloquence in that Senfe, in which
Cicero and Quintilian underſtand it, Mean while, this Acknow-
ledgment
1 4
I
120
Book II.
M. FABIUS QUINCTILIANUS
only producing his own little Children before the Af-
fembly of the People, but by carrying about in his
Arms the Son of Gallus Sulpicius. And it is generally
agreed that Phryne was acquitted upon a capital Im-
peachment, not by the Eloquence of Hyperides, how-
ever wonderful it was, but thro' the Beauty of her
own Figure, which he expofed to the View of the
Judges, by tearing the Robe from her Bofom. If
all fuch Circumftances, therefore, are perfuafive, the
Definition we have mentioned is improper for Rhe-
toric.
They
ledgment pays the greateſt Compliment, that poffibly can be paid,
to the Underſtanding of the English Nation, as they will not fuffer
either their Religion or their Laws to be recommended by any
other Beauty than their native Truth and Juſtice. But parliamen-
tary Speaking, of cvery Sort, is of the deliberative Kind, and there-
fore it fairly admits of all the Embellishments fuggeſted by our
Author, becauſe a fupreme Tribunal is fuppofed to be under no
Direction in its Deliberations from any written Law, as is the
Caſe with Divines and Lawyers. We fee the fame Obfervation
hold good with regard to the Athenians, who, in fome Inftances,
particularly after the Cafe of Phryne here mention'd, made it penal
to introduce any of the powerful Embelliſhments of Speech into
judiciary Pleadings; and indeed few of them enter'd into the De-
libcrative. The Romans, a more mix'd, a lefs polifh'd and more
uninftructed, People, were fond of them upon all Occafions.
Mean while, I cannot help thinking, that many Particulars re-
commended by our Author, might be introduced with vaft Pro-
priety and Beauty even amongst ourselves. The Cafe here men-
tion'd of Sergius Galba, contains a very bold Figure, (if I may ſo
call it) of Action in Eloquence. But did not the great Lord Straf-
ford when under the like Circumftances with Galba, do almoſt the
very fame Thing, upon the Impeachment brought against him by
the Commons of England? yet I believe no Man ever thought that
he over did his Part, or, that he carried it into any ridiculous
Oftentation.
Several of the parliamentary Speakers of thofe Days, particu-
larly the Lords Digby and Falkland, have made ufe of as beautiful,
and as bold, Figures as are to be found in all Antiquity; yet we
perceive, in their Speeches, nothing that is forc'd, nothing that is
unnatural. This undoubtedly was owing to themſelves being the
Authors of the Speeches that go under their Names, and which
do their Memorics immortal Honour,
BOOK II. His INSTITUTES of Eloquence. 121
They are, therefore, more confiftent with them-
felves, who, tho' they are of the fame Opinion upon
the Main, think Rhetoric to be the Force of Perfua-
fion by ſpeaking. This is the Definition which Gor-
gius, in the Treatife I have already mentioned, is
forc'd by Socrates to affign it. Theodectes is pretty
much of the fame Opinion, tho' it is uncertain whe-
ther the Work, that goes under his Name, was com-
pos'd by him, or by Ariftotle, but there we are told,
that the End of Rhetoric is, by ſpeaking, to lead Men
to that Purpoſe which the Speaker defires. But even
this Definition is not fufficiently comprehenfive, for
others, befides an Orator, (Whores, Flatterers, and
Seducers, for Inftance) have the Powers of Perfua-
fion by their Speech, and of effecting the Purpofe
they defign. On the other hand, the Orator is not
always fuccefsful in perfuading; nay, this, properly,
may not be his Purpoſe, or, if it is, it may be a Pur-
pofe in common with others of Profeffions very dif-
ferent from that of an Orator. Apollodorus too is
pretty much of the fame Opinion, when he tells us,
that the firft and the capital Purpoſe of a judicial
Speech ought to be, to perfuade the Judge, and to
induce him to be of that Opinion the Speaker would
have him. But this fubjects the Merit of an Orator
to the Power of Fortune; for it fuppofes, that if an
Orator fhould fail to perfuade, he has no Right to
that Appellation. Some Writers in their Definition
of an Orator, detach themſelves from all Confidera-
tion of the Event. Thus, Ariftotle fays, that Rhe-
toric is the Power of finding out in a Difcourfe every
Property of Perfuafion. Now, this Definition has not
only the Fault we have already taken notice of, but,
another, which is, that it comprehends Invention
only, which, without Expreffion, is not Eloquence.
{
I
126 M. FABIUS QUINCTILIANUS
Book II.
I have already given fufficient Anfwer to Hermagoras,
who defines Eloquence to be, the Art of ſpeaking
perfuafively; and to others, who are of the fame O-
pinion, but do not make ufe of the fame Words
but tell us, that an Orator's Defign ought to be, to
ſay whatever is proper, but, that all he fays ought to
tend to perfuade (a), I fay, I have fufficiently anſwer'd
all this, when I ſhowed that Perfuafion was not the
fole Buſineſs of an Orator.
Various are the other
Some think that Rhe-
Opinions upon this Subject.
toric may be introduced into all Manner of Bu-
finefs; others, that it is only applicable to civil Mat-
ters; the Truth of both which Opinions we fhall
diſcuſs in a proper Place. Ariftotle feems to have
extended the Bufinefs of an Orator to every Thing
when he fays, that Eloquence is the Power of ſpeak-
ing upon every Subject, whatever is moft perfua-
five (b). Gorgias in Plato calls himſelf a Profeffor
of Perſuaſion in Courts of Juſtice and other Affem-
blies, and one who treats both of what is juft and
unjuft, for Socrates allots, to him, the Profeffion, not
of Teaching, but, of Perfuading. Now thro' the
whole
(a) While I am reading the very ferious Encomiums which our
Author makes upon his favourite Art, and the prodigious Extent
of Merit and Utility he allots to it, I cannot help thinking that the
inimitable Cervantes had him in his eye in the celebrated Diſcourſe
which he puts into his Hero's Mouth in favour of Knight-Errantry,
many of the Paffages are fimilar, but there is great Difference be-
tween Ridicule and Parady, and the latter being all that Cervantes
meant, it ought to be confidered rather as a Compliment, than
otherwife, to Quinctilian. Our Author's Cavils however upon the
feveral Definitions of Eloquence he mentions, certainly fhews too
much of the Pedant, and Turnebus has very rightly obſerv'd, that
in this Reſpect he has not acted ſo fairly as he ought to have done,
particularly with regard to Hermagoras, from whom he brings a
very partial Quotation.
(b) Tho' I have not taken fo great Liberties with our Author as
Monfieur Rollin has done, yet with him, I have here omitted fome
Part of my Original, becauſe I really think it to be no better than
quibbling upon Words.
BOOK II. Hi INSTITUTES of Eloquence
127
whole of that Difcourfe it appears, that Plato was of
Opinion that true Eloquence could be poffeffed only
by a good and a juft Man. In his Phedrus, he makes
it ſtill more plain, that no one can be accompliſhed
in this Art, without both the Practice and the The-
ory of Juſtice, to which Opinion, I, likewiſe, agree.
Could the Man who compofed the Defence of So-
crates, and celebrated the Heroes who fell in De-
fence of their Country, Works that indifputably be-
long to Eloquence, be of another Opinion? It is
true, he laſhes thoſe Men who have applied their Elo-
quence to wicked Purpoſes; nay, Socrates thought,
that Lyfias difparaged him when he compos'd an O-
ration which he was to pronounce in his own De-
fence upon his Impeachment, tho' at that Time it
was a general Practice for Practitioners at the Bar to
draw up the Speech which a Party was to deliver
for himſelf, and, thus, they eluded the Law, which
forbad one Man to fpeak for another. Plato like-
wife was of Opinion, that they who feparate Eio-
quence from Juftice, and prefer what is probable to
what is true, ought not to profefs the Art of Elo-
quence, as we may fee in his Phedrus.
Cornelius Celfus likewife feems to have been of the
Opinion I have refuted; his Words are, An Orator
only aims at the Semblance of Truth. Soon after he
fays, "For it is not Conſcience but Victory that is the
Reward of a Lawyer." Were that true, he muſt be
the vileft of Mankind who would arm Wickedneſs
and Guilt with this powerful Weapon, and lay down
Rules for the Practice of Villainy. But I leave fuch
Gentlemen to defend their own Opinion.
Now as I have undertaken to form a perfect Orator
whom, in the firſt place, I want to be a good Man, I
am now to return to thoſe who have entertained more
favourable
124 M. FABIUS QUINCTILIANUS
BOOK II.
Some have
favourable Sentiments of this Profeffion.
judged Rhetoric and civil Polity to be the fame.
Cicero calls it, a Part of civil Polity, which is no
other than Wiſdom itſelf; others, amongſt whom is
Ifocrates, judge it to belong to Philofophy. In like
manner, others define Rhetoric to be the Art of
fpeaking well. This Definition comprehends, not
only the Powers, but, the Morals, of an Orator, be-
cauſe none but a good Man can ſpeak well.
I have now touched upon the moſt remarkable
Definitions of Eloquence, and fuch as have been
chiefly diſputed. It would, indeed, be both imperti-
nent and impoffible for me to mark out every Defi-
nition, fince a Practice which I think is a bad one,
has prevailed amongst the Writers upon Arts, of never
defining a Thing in the fame Terms that others have
made ufe of before. This is a Practice I am no way
ambitious to follow, for I fhall ever be proud to ſay
whatever is right, altho' it may not be of my own
Invention. I define, for Inftance, "Rhetoric to be
the Art of ſpeaking well." For the Man who, after
finding the out beſt Definition of a Thing, hunts after
any other, must take up with a worfe. If what I have
here laid down is admitted, it is eaſy to ſee what Pur-
poſe Rhetoric has, as its higheſt and ultimate End,
for every Art has an End; and if Rhetoric is the Art
of ſpeaking well, its End and Perfection is, to ſpeak
well.
CHAP.
BOOK II. His INSTITUTES of Eloquence. 125
CHAP. XVII.
WHETHER HETORIC IS USEFUL?
A Refutation of what is commonly advanced against Elo-
quence-Its Praifes finely difplay'd by our Author.
I
A M now to enquire whether Eloquence is ufeful.
Some vehemently deny that it is, and moſt un-
generouſly make uſe of the Beauties of Eloquence in
impeaching its Utility. They tell us, that, by Elo-
quence, the Wicked are fkreen'd from Puniſhment,
that, by its Proſtitution, the Worthy have been con-
demned, wicked Meaſures have been purſued, Se-
dition and popular Tumults have arifen, and Wars
broke forth, of which Mankind ftill feel the dread-
ful Effects. In fhort, that Eloquence never appears
to fuch Advantage as when it is employ'd by Falfe-
hood to deſtroy Truth. For comic Writers have
charg❜d Socrates with teaching in what Manner to
make an unjuſt Caufe get the better of a juſt one,
while, on the other hand, Plato tells us, that Tifias
and Gorgias profeffed the fame Knowledge. To theſe,
they add Examples from the Greek and Roman Hi-
ftory, and give us a Detail of thoſe who by the per-
nicious. Practice of Eloquence in public as well as
private Matters, have diforder'd and even deſtroy'd
the Conftitution of States. That for this Reafon fhe
was driven from the Government of Lacedæmon, and
that all her Powers were as it were lopp'd away at
Athens, where the Pleader was forbidden to attempt
to move the Paffions. Now, by the fame Way of
Reaſoning, neither Generals nor Magiftrates, nor
Medicine, nor Wifdom itfelf are of any Utility. For
Flamininus
2
+
122 M. FABIUS QUINCTILIANUS Book II.
Flamininus, (c) who fo bafely violated the Rites of
Hofpitality, was a General; and the Gracchi, Satur-
nini, and the Glaucia, were Magiftrates: Phyficians
employ Poiſons in their Prefcriptions; and they,
who have difgraced the Name of Philofphers, have
been found guilty of the moft infamous Practices.
Are we to loath all Nouriſhment, becauſe Eating
often brings on Diftempers? Are we never to live in
a Houſe, becauſe fome have perifhed by the falling
in of the Roof? Ought no Sword to be made, be-
cauſe it may be employed by a Highwayman, as well
as a Soldier? Who is fo grofsly ignorant, as not to
know, that Fire and Water, thofe neceffary Ser-
vants of Life, nay, to go higher, that the beautiful
Luminaries of the Sun and Moon, have fometimes
had their hurtful Effects?
But, at the fame time, can it be denied, that Ap-
pius, that brave, blind, Senator, by the Force of his
Eloquence, broke off a fhameful Peace, that was ready
to be concluded with Pyrrhus? Or that the divine
Eloquence of Tully was of no Service to his Coun-
try, when he defeated, even, the popular Scheme of
the Agrarian Laws? when he quell'd the Boldness
and Prefumption of Catiline? and when, in a Time
of Peace, a Supplication was decreed him, the
greateſt Honour that can be conferr❜d upon victo-
rious Generals. Does not Eloquence often roufe,
from Defpondency into Life and Spirit, the drooping
Courage of Soldiers, and, while they are about
(c) Flamininus) I take the Perfon meant here to have been,
Flamininus, who was impeach'd by Cato for barbarously putting to
death, with his own hand, a Gaulish Prince, who fought his Protec-
tion, and that purely to pleaſe an infamous Prostitute. Commen-
tators, however, underſtand here, Flaminius, who was the Roman
General at the Battle of Thrafymene, but I think with no Pro-
priety.
to
BOOK II. His INSTITUTES of Eloquence. 123
to encounter the moft dreadful Dangers of Battle,
perfuade them that Glory is preferable to living?
Neither am I more charm'd with the Example of the
Lacedemonians and Athenians, than with that of the
Romans, who have always held Oratory in the high-
eft Honour. For my part, I think it is owing to
Eloquence, all-powerful Eloquence, that the Found-
ers of Cities have prevailed with difperfed Multi-
tudes, to form themſelves into one incorporate Bo-
dy; nor, without exerting the moſt commanding
Powers of Speech, could Legiſlators have perfuaded
fo lordly a creature, as Man, to fubmit to the Do-
minion of Law. Nay, moral Precepts themſelves,
fair as Nature has form'd them, are more prevalent
in forming the Mind to Virtue, when their Beauties
are recommended, and illuftrated, by the Brightneſs
of Eloquence. Upon the whole, therefore, though
Eloquence may be wickedly, as well as virtuously,
employ'd, yet it is not just to call that an Evil, which
may be uſed to a good Purpoſe.
Now, all this, perhaps, will be difputed by thofe
who place the Whole of Eloquence in the Force of
Perfuafion; but if, according to us, it confifts in
the Art of Speaking well, and that the firſt Qualifi-
cation, required in an Orator, is to be a Man of
Virtue, Eloquence must be confeffed to be an ufeful
Art. And may I perifh, if God, that all-powerful
Creator of Nature, and Architect of the World, has
impreffed Man with any Character, fo proper to di-
ftinguiſh him from other Animals, as by the Fa-
culty of Speech. For we may fee mute Animals
that excel us in Size, in Strength, in Refolution, in
Perfeverance, and in Swiftnefs; and ftand lefs in
need, than we do, of external Acquifitions and
Helps; becauſe Nature, beyond all Inſtructors, teaches
them
128 M. FABIUS QUINCTILIANUS Book II.
them to walk, to feed, and to fwim, 'fooner than we
can. She has given moſt of them a Covering, to
defend their Bodies from Cold; fhe has furniſhed
them with Arms for their Defence, and every Field
affords them Food for Nouriſhment; all which are
Circumftances, that coft Man Variety of Labour.
She, therefore, endued us with Reaſon, as our no-
bleſt character, and thereby preferred us to be com-
panions to the immortal Gods. But Reaſon itſelf
muſt be leſs availing, and effectual, to us, could we
not, with our Tongue, exprefs the Sentiments of our
Minds. And this, in Animals, is more wanting than
Underſtanding and Reflection, which many of them
ſeem to poffefs in a certain Degree, as is plain by
their contriving their Habitations, building their
Nefts, bringing up their Young ones, (d) till they
can go abroad and provide for themſelves; nay, by
their ftoring up Food for the Winter, and producing
Works which all the Art of Man cannot imitate,
fuch as Wax and Honey. But, though they can
do all this, as they want the Power of Speech, they
are deem'd to be mute and irrational. To conclude,
when Nature has denied Expreffion to Man, how
little, how very little, do all his boafted divine
Qualities of Mind avail him!
If, therefore, we have received from Heaven no-
thing more precious than Speech, are we to eſteem
any thing more worthy of our Attention and Care?
Or, are we to be more emulous in excelling Man-
kind in any Property, rather than in that which ex-
(d) Orig, Excludere.] The Commentators here, as is ufual with
them, when any thing is dark and doubtful, give us no manner of
Light as to the Meaning of this Word; and the Abbe Gedoyn has
fairly left it untranflated. I apprehend it to mean, that Sagacity
which the Old ones fhew, in excluding the Young ones from their
Nefts, when they are big enough to shift for themſelves.
alts
BOOK II. His INSTITUTES of Eloquence.
129
alts Man above all other Animals? As a farther In-
ducement to that, we are to reflect, that no Art fo
plentifully repays our Labour, by a Harveft of every
thing that is profitable or agreeable. This will be
the more evident, if we reflect upon the Rife, and
Progrefs, of Eloquence, and the Improvements it
ftill admits of. Not to mention, how it ferves our
Friends, how it directs the Deliberations of a Senate
or a People, and how it even determines the Conduct
of an Army; how uſeful, how becoming then, is it
in a Man of Virtue! Is not this fingle Confideration
a moſt glorious one, that, from the Underſtanding,
and the Words that are in common to all Man-
kind, he can exalt himſelf to fuch a Pitch of Glory,
and Power, that he will not feem to ſpeak, or to
plead, but, as it happened to Pericles, to lighten and
to thunder. But, I never ſhould have done, were I
to indulge the Pleaſure I feel in expatiating upon this
Subject.
CHA P. XVIII.
WHETHER RHETORIC IS AN ART?
A Refutation of the Negative.-Rhetoric proved to be
an Art.
W
E are next to examine, Whether Rhetoric is
an Art? No body could imagine, that this
would be a Queſtion with thoſe who have laid down
Rules for Eloquence, fince the very Books are in-
tituled, Treatifes concerning the ART of Rhetoric. Ci-
cero likewife fays, that Rhetoric is no other than ar-
tificial Eloquence. This is an Excellency, that not
K
only
130
M. FABIUS QUINCTILIANUS Book II.
only Orators have afferted to be peculiar to them-
felves, in order to give a better Grace to their Art,
but even Philofophers, Stoics, and most of the Peri-
patetics, agree with them. For my own Part, I am
in fome Doubt, whether I ought to treat upon this
Matter in this Light. For, is there a Man fo void,
I would not fay of Erudition, but of the Knowledge
of the World, as not to know, that Building,
Weaving, and the making of Veffels out of Clay, is
an Art? And can he imagine, that Rhetoric, the
moft fublime, the most beautiful, Perfection that
exiſts, was brought, without an Art, to the Degree
of Excellency it now has? For my Part, I am in-
clined to believe, that they, who have maintained
this Abfurdity, did not really ſpeak as they thought,
but to diſplay their own Abilities, by engaging in a
Matter of fuch Difficulty. Thus, for inftance, Po-
lycrates undertook to praiſe Bufiris and Clytemnestra;
which was pretty confiftent with the other Part of his
Conduct, if it is true, that he compoſed an Oration
againſt Socrates.
Some People are of opinion, that Eloquence is
natural; but they acknowledge, at the fame time,
that it may be affifted by Art. Thus Antonius, onc
of the Speakers in Cicero's Dialogues upon the
Character and Qualifications of an Orator, tells us,
that Eloquence proceeds from Obfervation, and not from
Art. I am far from faying, that we are to take what
Antonius fays for granted; but Cicero makes Antonius
be of that Opinion, in order to keep up his Cha-
racter, which was that of being artful, without ap
pearing to be fo.
Now, Lyfias appears really to have been of that
Opinion. His Argument for it is; That the Illite
rate, Barbarians, and Slaves, in fpeaking for them.
3
felves
BOOK II. His INSTITUTES of Eloquence. 131
felves, always fay fomewhat that refembles an Exor-
dium; they ſtate their Cafe, they eſtabliſh it, they
refute their Antagoniſts, and they generally finiſh
with Deprecations and Prayers, which have in them
as much of the Pathetic, as Peroration has. This
Opinion is fupported by certain Quibbles upon
Words, as follows: "That Art muſt have been be-
"fore every thing proceeding from Art: That there
never was a Time, in which Mankind did not
"plead for themſelves, and againſt others; but that
"the firft Teachers of this Art lived lately, and
"about the Times of Tifias and Corax ; confequent-
66
ly, that Eloquence, being older than Art, it is
"no Art." For my Part, I fhall be at no Trou-
ble to enquire, at what time this Doctrine was firſt
broached; though we find, by Homer, that Phanix
taught his Pupil Achilles, both how to act, and how
to ſpeak; that many Orators were then living; that
the three Generals, in their Speech to Achilles, em-
ploy'd every Species of Eloquence; that certain
Conteſts in Eloquence were then propofed amongſt
the young Men
Men; and the Emboffment of the Shield
of Achilles reprefents both Courts of Juftice, and
Pleaders.
It is fufficient here to obſerve, that every thing,
that derives its Perfection from Art, has its Original
in Nature. Otherwife, we fhould be obliged to leave
Medicine out of the Number of Arts, becauſe it has
found out by the Obfervation of Things that are fa-
lutary,
or hurtful, to Health, and, as fome are
pleaſed to ſay, the Whole of it confifts in Experi-
ence. For, before ever Medicine was formed into
an Art, fome one, or other, had bound up a Wound,
and had allay'd the Force of a Fever, not from any
Principles of the Profeffion of Medicine, but becauſe
K 2
they
132
BOOK II.
M. FABIUS QUINCTILIANUS
they were directed to it by the Nature of the Diſeaſe
itſelf. In like manner, we may deny Architecture
to be an Art, becaufe, in early Ages, they built Cot-
tages without Art. We may ſay the fame of Mufic,
becauſe every Nation in the World has Singing and
Dancing after its own Faſhion. If any Kind of
Speaking fhould be defined to be Rhetoric, I fhould
readily admit it to have existed before Art. But, if
every Man who fpeaks is not an Orator, and if, in
thoſe early Times Men did not ſpeak as Orators, it
muſt neceffarily follow, that an Orator is formed by
Art, and did not exiſt before Art.
This is a full Anſwer to thoſe who fay, that, when
a Man does a thing that he has not learn'd to do,
what he does, does not belong to Art. Now, Men
have been known to plead, without being taught.
To ftrengthen their Reaſoning, they bring the Ex-
amples of Demades the Waterman, and fchines the
Stage-Player, who, both of them, were Orators. But
this is nothing to the Purpoſe; for a Man, who has
not been taught, cannot be called an Orator; and
no body will venture to fay, that theſe two Perfons
did not ſtudy, though late, yet, better than never.
As to Æfchines, his Father, who was himſelf a School-
mafter, gave him an early Tincture of Literature.
Neither is it certain, that Demades never ftudied;
and a continual Practice of public Speaking might
have given him all the Powers of Eloquence, which
he afterwards poffefs'd: For Practice is the moſt
powerful Part of Study. Be that as it will, I will
venture to fay, that Study either did contribute, or
would have greatly done fo to his Eloquence; and I
am to obſerve, that he never ventured to put his
Orations in Writing, fo that we know not that his
Merits were very extraordinary in Eloquence.
Ari-
Book II. His INSTITUTES of Eloquence.
133
Ariftotle, in his Gryllus, in his uſual Way of exa-
mining, has given us fome fine-ſpun Arguments
upon this Head. But, we are to reflect, at the fame
time, that he has wrote three Books concerning the
Art of Rhetoric; in the first of which, he not only
acknowledges it to be anArt, but affigns, to it, fome
Part of Civil Policy, as he does to Logic. Crito-
laus, and Athenodorus the Rhodian, has wrote a great
deal, to contradict what I advance here. One Agri-
on, in a Treatife purpofely wrote against Rhetoric,
has, by the very Title of his Book, forfeited all
our Regard for the Author. As to Epicurus, I am
not at all ſurpriſed at him, becauſe, by his Princi-
ples, he was a profeffed Enemy to all Syſtems. Theſe
Authors have ſaid a great deal, but what they have
faid is reducible to very little. I fhall, therefore, in
order to prevent an endleſs Difcuffion, give a very
fhort Anſwer to their moft material Arguments.
The firft of them arifes from the Object. All Arts,
fay they, have an Object; That, I do not deny: But,
continue they, Rhetoric has no Object that is peculiar to
itself; that, I will take upon me to prove to be
a Miſtake.
<<
66
Their next Argument confifts in a downright
falfe Charge. They tell us, "That Art admits of
"no falfe Conclufions, becauſe it muſt be founded
upon a Principle, which Principle must be inva-
riably true; but that Rhetoric admits of falfe Con-
clufions, therefore it is no Art." Now, I allow,
that fometimes Rhetoric advances what is falſe, for
what is true; but I do not agree, for that Reafon,
that the Speaker therefore admits of a falfe Conclu-
fion ; becauſe there is a great Difference between
what we admit of ourfelves, and what we want others
to admit of. A General, for Inftance, often employs
falfe
K 3
134 M. FABIUS QUINCTILIANIUS BOOK II.
falle Appearances.
Thus, Hannibal, when he was
hemm'd in by Fabius, having tied Truffes of Hay
round the Horns of fome Cattle, and fet them on
fire, order'd them to be driven in the Night-time
towards the rifing Grounds, by which Appearance he
made his Enemy think that he was decamping. But
though he impofed upon Fabius, yet he himself knew
very well what he was about. When Theopompus,.
the Lacedæmonian, eſcaped out of Priſon by changing
Cloaths with his Wife, though his Guards concluded
him to be a Woman, yet he form'd no fuch wrong
Conclufion of himfelf. Thus, an Orator, when he
employs what is falfe, for what is true, is fenfible
that he is doing fo. It cannot, therefore, be faid,
that he concludes wrongfully, though he makes an-
other Perfon do it. Neither can we imagine, that
Cicero was blinded by the Mift which he boaſts to
have raiſed before the Eyes of his Judges, when he
defended Cluentius. And when a Painter, by the
Powers of his Art, throws fome Objects out, and
fome backwards, in a Piece, he, furely, cannot be
ignorant that the Whole is a Plane.
The fame Writers go on to fay, "That all Arts
"have a certain defined Purpoſe, to which they are
"directed." But they fometimes fay, "that Rhetoric
"has no Purpoſe, and fometimes that it does not
"anſwer its Purpofe." But all this is a Miſtake. I
have already fhew'd that it has a Purpoſe, and what
that Purpoſe is; and that a true Orator will always
reach that Purpoſe, becauſe he will always fpeak.
well. Now this holds good, perhaps, chiefly againft
thole who think that Perfuafion is the only Purpoſe
of Eloquence. But the Merit of my Orator,
and the Art I have defined, does not confift in the
Event. Victory is, indeed, the Purpoſe of his
1
fpeaking:
Book II. His INSTITUTES of Eloquence. 135
fpeaking; but, though he may not gain the Victory,
yet when he ſpeaks well, he anſwers every Purpoſe
of his Art. A Pilot wants to guide his Ship ſafe
into the Harbour, but ſhould it be beaten off by Streſs
of Weather, his Merit is not the lefs as a Pilot; I
tuck, he may fay, by my Tackling, I could do no more.
A Phyſician wants to cure his Patient, but if, while
he is proceeding upon the beſt Principles of his Art,
the Force of the Diſeaſe, the Unrulinefs of the Pa-
tient, or fome other Accident fhall diſappoint him,
yet ftill he does not wander from the Purpofe of Me-
dicine. In like manner, an Orator's Purpofe is to
fpeak well; for, as I fhall fhow more clearly after-
wards, this is an Art which confifts in its Conduct,
and not in its Event. By that, I fhall likewife ſhow
the common Saying to be falfe, That Arts know when
they have attained to their Purpose, but that Rhetoric
does not know; for every Orator knows when he has
ſpoken well.
Rhetoric is likewife charg'd with employing Prin-
ciples that, within themſelves, are falfe and faulty,
which is inconfiftent with all Art, "becaufe, continue
they, an Orator advances what is falfe, and directs
"his Speech to move the Paffions." Now when this is
done with a virtuous Defign, it cannot be criminal,
and therefore it is not faulty. For, even a wife Man
may fometimes tell an Untruth, and a Speaker is o-
blig'd to apply to the Paffions, if the Judge cannot
otherwiſe be induced to favour the equitable Side of
a Queſtion. People of no Penetration may fit as
Judges, and it is often neceffary to impofe upon
them in order to prevent their deciding wrongfully.
For were none but wife Men to judge, to hear, and
to refolve; was Hatred, was Favour, was Prepofïef-
fion, was falfe Evidence to have no Influence, there
would
K 4
136 M FABIUS QUINCTILIANUS
Book II.
would be little, very little, room for Eloquence, and
all the Buſineſs of an Orator would be to tickle the
Ear. But if the Difpofitions of an Audience are
wavering, if Truth is liable to a thouſand Injuries,
he muſt fight with Art, and employ thofe Weapons
that can beft ferve his Caufe; for there is no fetting
a Perſon right after he has wander'd from the direct
Road, without making him face about another
Way.
Another Cauſe of carping againſt Rhetoric is, be-
cauſe Orators ſpeak on both Sides of the Queſtion,
from which its Enemies conclude thus ; No Art can
be contradictory to itſelf; and Rhetoric is contradictory to
itſelf. That no Art deſtroys what it has effected. But
that this is the peculiar Business of Rhetoric. Again,
it teaches either what we ought to say, or what we ought
not to fay. If it does not teach what we ought to fay, it
is no Art, neither is it an Art, if it teaches how to con-
tradict that. Now, all this is Applicable only to that
Species of Rhetoric which is inconfiftent with the
Practice of a good Man, and of Virtue herfelf. For
Rhetoric never patronizes the Caufe of Injuftice, and
it is therefore a very rare, and a very wonderful Cafe,
where two Orators, that is to fay, two good Men,
are employ'd upon different Sides of the fame Que-
flion. Yet, becaufe, it is even poffible for two wife
Men to ſpeak in direct Oppofition to one another,
and yet both of them think that they have Juftice
on their Side, nay, would their Profeffion admit of
it, they would come to Blows, I fhall give an An-
fwer to all that has been advanc'd, fo as to make it
appear that fuch Arguments are not applicable even
to the Man of bad Principles, who affumes to him-
felf the Title of an Orator. For Rhetoric does not
contra-
BOOK II. His INSTITUTES of Eloquence,
137
contradict itſelf; one Cauſe is meaſur❜d (a) with an-
other, but Eloquence never deſtroys her own Pow-
ers. Suppofing that two coming from the fame
School fhould oppofe one another, is there no fuch
Thing as an Art which both of them have learn'd?
We may as well fay there is no fuch Art as that of
Fighting, becauſe two Gladiators bred under the
fame Maſter, are often match'd together; that there
is no fuch Art as fteering a Veffel, becauſe in Sea-
Engagements one Steerfman acts against another;
nor of War, becauſe one General often fights againſt
another.
Thus, it is certain, that Rhetoric does not deſtroy
its own Effects, for an Orator does not deftroy the
Argument which he himſelf has laid down, neither
does Rhetoric; for whether, as fome think, the End
of Rhetoric be to perfuade, or if, as I have before ob-
ferv'd, Fortune ſhould match one Man of Virtue a-
gainſt another, yet ftill, their Object of Difpute is
about what is likeft to Truth. Now one Thing
may be more credible than another, yet ftill that is
not contrary to the Credibility that is in the latter.
For as there is nothing contradictory in ſaying that
one Thing is whiter than another, or one Thing
fweeter than another, fo one Thing may be more
probable than another. The Art of Rhetoric never
teaches what we ought not to fay, nor any Thing
contradictory to what we ought to fay; but it in-
ftructs us after what Manner to ſpeak in every Cauſe
we may take in hand. Neither, (tho' it very feldom
happens otherwiſe) is the Cauſe of Truth always to
be
(a) Orig. Caufa enim cum caufa, non illa fecum ipfa componitur)
This is a Metaphor taken from the Cuftom of Gladiators meaſuring
their Weapons with one another, before the entered upon Action.
138 M. FABIUS QUINCTILIANUS
Book II.
be maintained; for public Utility fometimes requires
an Untruth to be defended.
65
<<
<<
Cicero, in his fecond Book concerning an Orator,
lays it down by Way of Contradiction, "That no-
thing comes within an Art but Things that are
known, but the whole Buſineſs of an Orator con-
"fifts not in Knowledge, but Opinion. For when
"we are in a Court we ſpeak what the Judges don't
know, and we ſpeak what we don't know our-
"felves." As to what the Judge knows of a Caufe,
it is nothing to our Purpofe; I am therefore to ex-
amine whether nothing comes within an Art but
Things that are known. Now Rhetoric is the Art of
ſpeaking well, and an Orator knows how to ſpeak
well, but he may not know whether what he fays is
Truth. No more do they who tell us that Fire or
Water, or the four Elements, or indifcerpible Atoms
gave rife to this Creation: No more do they who cal-
culate the Diſtances of Stars and give us the Men-
furation of celestial and terreftrial Bodies, yet each
calls his Syſtem an Art. Now if Reafon tells us the
Force of Probability is fo ftrong in favour of thofe
Syſtems, that they are not Matters of Opinion but
Knowledge, does not Reafon dictate the fame Thing
with regard to an Orator? But still, it may be urg'd
that an Orator does not know, on which Side the
Truth lies. No more docs the Phyfician, whether
the Patient is affected with the Head-ach he com-
plains of; but he proceeds as if he was, and none
can deny Medicine to be an Art.
Let me add, that Eloquence does not always
make Truth, but what is like to Truth, its only Ob-
ject. Now an Orator muſt know whether he fpeaks
what is like to Truth. They who are of an Opinion
contrary to mine, may add, that often in a Court of
Juftice
BOOK II. His INSTITUTES of Eloquence. 139
Juftice the fame Orator pleads at different Times
upon both Sides the Queſtion. But this is a Prac-
tice not to be imputed to the Art but to the
Pleader.
Theſe are the chief Objections made againſt Rhe-
toric; there are others of lefs Moment, but proceed-
ing upon the fame Principle. We have, however, a
very fhort Way to prove that Rhetoric is an Art.
For whether, with Cleanthes, we define Art to be a
Power operating by Method and Order, furely none
can doubt, that there is Method and Order in ſpeak-
ing well; or whether we ftrike in with the general
Opinion, which tells us, that Art confifts of Rules
agreeing and co-operating to the uſeful Purpoſes of
Life; we have already fhewn that Rhetoric poffeffes
every one of thofe Properties. Shall we add, that,
like other Arts, fhe confifts of Theory and Practice?
If Logic is an Art, as it is generally admitted to be,
Rhetoric muſt be one too, fince they differ from one
another in their Appearances more than in their Na-
tures. Neither are we to forget that an Art muſt be
allow'd to that Profeffion, in which one Man pro-
ceeds by Rules, and another by none; and wherein the
Perſon who is inftructed has more Succefs than he
who is illiterate. Now a learned Man will not only
get the better of an unlearned one, in the Art of Rhe-
toric, but a learned Man muft yield to one more
learned than himfelf; otherwife we ſhould not have
fo
many Rules, nor fo many great Men to teach
them. This ought to be acknowledged by every
one, and eſpecially by me, who never admit of any Di-
ftinction between an eloquent and a virtuous Man.
CHAP.
140 M. FABIUS QUINCTILIANUS
Book II,
CHAP.
XIX.
Under what Head of the Arts Rhetoric comes.
OW fome Arts however confift of Speculation,
NOVE
that is, examining and calculating Matters;
Aftronomy, for Inftance, which requires no Prac-
tice, but is bounded by the Knowledge of the Sub-
ject that is ftudied. Other Arts confift of Action,
which is both their End and their Perfection; Danc-
ing, for Inftance, which referves nothing when Action
is over.
Other Arts confift of the Effect, which the
Perfection of a Work has upon the Eye; fuch as
Painting. I am inclined to think that Eloquence is
of the fecond Kind; for it is, by Action, that all her
Virtues are carried into Effect, and this ſeems to be
univerfally allow'd.
In my Opinion, however, fhe feems to partake
greatly of the other Kinds of Arts: For fometimes
the can wrap up herſelf in Speculation. An Orator,
even when he holds his peace, is poffeft of Eloquence;
and if, either thro' Defign or Accident, he gives over
pleading, yet ſtill he is as much an Orator as a Phy-
fician is a Phyſician, after he ceaſes to practife. The
Satisfaction we receive from abftracted Studies, is
perhaps, of all other Satisfactions, the greateſt; and
the Pleaſure we receive from Learning is then moſt
pure, when it is feparated from all Action or Opera-
tion but the Contemplation of its own Perfection and
Properties. Rhetoric has fomewhat in it of the ef
fective Kind, as appears by her written Orations and
Hiſtories, a Species of Compofition that falls under
the Divifion of Rhetoric,
If
BOOK II.
His INSTITUTES of Eloquence.
141
If however ſhe muſt be rank'd under one of the
Heads of Arts I have already mention'd, let us con-
clude that ſhe is of the active or adminiſtrative Kind,
becauſe her greateſt Merit, and her moſt frequent
Practice confifts in Action, and both thoſe Terms
are, in Effect, the fame.
CHAP. XX.
Whether Art or Nature contribute moft to Eloquence?
A M ſenſible it has been Matter of Difpute whe-
ther Eloquence owes moſt to Genius or to Learn-
ing; but this is a Difpute foreign to my Subject, be-
cauſe I lay it down as a Maxim, that a compleat O-
rator cannot be form'd but by both. I think it how-
ever of great Importance, to ftate the true Queſtion
that arifes upon this Head. For if you fuppofe a'
Separation between natural and acquired Talents, the
former will be of great Significancy without the lat-
ter, but the latter of none without the former. But
fuppofing them to unite in equal but not very con-
fiderable Proportions in an Orator; in that Cafe I
think that natural Talents will be more beneficial to
him than acquired ones. But if we fuppofe them to
unite in the higheſt Proportions, I think that the
finish'd Orator will owe more to Learning than to
Nature. In like manner, no Art of Agriculture can
improve the Land that is naturally barren, but a
fruitful Soil will, even without Culture, produce fome-
what that is for the Benefit of Mankind. Mean
while, when Culture is added to Fertility, it is of more
Effect than the natural Richnefs of the Soil is. I
fhould
2
་
142 M. FABIUS QUINCTILIANUS BOOK II,
ſhould prefer a Block of Parian Marble to a Statue
cut even by the Hand of a Praxiteles out of a Mil-
ftone (a), but was the fame Mafter to polish that
Block, it would become more precious thro' his Art,
than its own Value. In fhort, Nature gives the
Material which is wrought, but Study the Art which
executes. Art can do nothing without the Material,
while the Material has a Value independent of the Art.
But Perfection of Art is preferable to Richneſs of
Material.
1
A
CHA P. V.
WHETHER RHETORIC BE A VIRTUE?
GREATER Queſtion now arifes, whether Rhe-
toric ought to be rank'd with thofe middling
Kinds of Arts which are neither laudable nor blame-
able in themfelves, but are profitable or pernicious
according to the Morals of thoſe who exercife them;
or whether, with feveral other Philofophers, we are to
hold it as a Virtue.
For my own part, with regard to the general Prac-
tice of fpeaking in Public, I fee either no Art at all,
or fomewhat that I may call a very pernicious Art,
for I perceive many Speakers rushing headlong on
(a) Praxiteles) He was the moft famous Sculptor amongſt the
Antients, but I am not fure whether our Author's Judgment here
ought to admit of a general Application. A great Sculptor, or
Painter, ennobles the rudeft Material by his Work; and in our
own Country we know of Statues cut out of very coarfe Materials,
which are of far more Value than the beſt Block of Marble that
ever was imported from Greece or Italy. The Cartoons of Ra-
phacl are ineflimable, merely by the Juftnefs of their Defign, and
their Expr fion of the Paflions, without Regard either to the
Canvas, or the Colouring.
without
*
BOOK II. His INSTITUTES of Eloquence. 143
without Method, without Literature, as Impudence
or Hunger directs them. For I am of Opinion, that
many have exercifed, and fome ftill do exerciſe their
Talents of fpeaking, to the Deſtruction of Mankind.
There is likewife what the Greeks call ματαιοτεχνία,
or an idle Imitation of Art, which, not having any
thing in itſelf either good or bad, confifts of unavail-
ing Study, fuch as the Dexterity of the Fellow, who
without once miffing his Aim, could at a certain
Diſtance throw fmall Peafe thro' the Eye of a Bod-
kin, and when Alexander was Witneſs of his Dex-
terity, he is faid to have preſented him with a Buſhel
of Peaſe, a Reward that was very fuitable to the
Merits of the Performance. In this Rank I place all
thofe who employ great Part of their Life in ftudying
and toiling at Declamations which they form upon
Subjects as remote as poffibly they can be, from any
thing that can happen in real Life. But true Eloquence,
fuch Eloquence as I endeavour to bring into Prac-
tice, fuch Eloquence as I have figur'd to myſelf in
Idea, and fuch as becomes every worthy Man, muſt
appear to be a Virtue.
This Opinion is fupported by Philofophers with
many quick and pungent Arguments, but to me it
appears very plain, from an Argument very fimple
in itſelf, and more peculiarly adapted to our Profef-
fion. Philofophers tell us, if it is the Property of
Virtue to be confiftent with herſelf in regard to all
The does, or omits doing, (which Property is term'd
Prudence) the fame Property prevails with regard to
all we ſpeak, and all we do not fpeak. Now if we know
Virtues to be fuch by having Dawnings and Prin-
ciples of them within our Minds, even before we are
taught them; for Inftance, Barbarians and Clowns
have fome Idea of Juftice; then Nature has certainly
form'd
144
M. FABIUS QUINCTILIANUS BOOK II.
form'd us in fuch a Manner as to fit us to plead for
Virtue, tho' not to Perfection, yet fo, as to exhibit
certain Principles of Eloquence, as I have obferv'd.
Now thofe Arts which are diftinct from Virtue, are
void of this Property. Therefore, as Eloquence con-
fifts of two Manners, the fmooth and the argumenta-
tive, the first of which belongs to Rhetoric, the other
to Logic; and (which Zeno thought to be fo near of
kin to one another, that he compared the one to an
open Hand, and the other to a clench'd Fift) there is
even fome Virtue in Difputation; and confequently
there can be no manner of Doubt that there is Virtue
in the other Manner, which is far more beautiful and
open.
But this will appear more fully and plainly by
Facts. For unleſs an Orator knows how to diftin-
guish between what is virtuous and what is wicked,
how can he hope to fucceed in Panegyric? or in
counſelling, without knowing the Intereft of the
Public; or in judging, without knowing what Juf-
tice is? Let me go farther; Does not the fame Pro-
feſſion require even Fortitude, as an Orator has often
Occaſion to ſpeak in Oppofition to the Clamour of
a turbulent Populace, or the Power of guilty great
Men; nay, fometimes, as was Cicero's Cafe when he
pleaded for Milo,, furrounded with Troops of armed
Soldiers? So that if Eloquence is not a Virtue, there
is no fuch Thing in it as Perfection.
Beſides, if in every Animal that Property in which
it excells other Creatures is to be deem'd a Virtue,
as Force in the Lion, Swiftnefs in the Horfe, it is
certain that Mankind excells all Creatures in Reaſon
and in Speech; why therefore are we not to believe,
that his excelling in Eloquence as well as in Reaſon-
ing, is a Virtue? Craffus very properly maintains
this,
BOOK II. His INSTITUTES of Eloquence.
Eloquence. 145
Eloquence, as well as in Reafoning, is a Virtue?
Craffus very properly maintains this, for Cicero makes
him fay, "That Eloquence is one of the higheſt
"Virtues." And Cicero himſelf, in his own Cha-
racter, when he is writing to Brutus, as well as upon
many other Occafions, calls Eloquence a Virtue.
But it may be faid, we have known profligate Fel-
lows fometimes open their Pleadings, ftate their
Facts, and inforce their Proofs with confummate
Art and Addrefs. But have we not known Highway-
men fight with great Refolution, without allowing
their Courage to be a Virtue? and yet, Courage is a
Virtue. We have known a profligate Slave bear the
Rack, without uttering a Groan.
But fhall we,
therefore, deny that there is Merit in patiently en-
during Pain? A great many People do the fame;
but there is a great Difference in their Principles of
acting. I fhall, therefore, fay no more upon this
Head, becauſe I have before treated of the Utility of
Eloquence.
I
CHAP. XXII.
CONCERNING THE SUBJECT OF ELOQUENCE.
Am of opinion, and not without Authorities to
fupport it, that all Matters, propofed for an Ora-
tor to ſpeak upon, are Subjects for Eloquence. For, in
Plato, Socrates tells Gorgias, that a Subject does not
confift in Words, but in Facts; and in his Phædrus,
the faid Author very plainly proves, that Eloquence
may be employ'd, not only in public Trials and Af-
femblies of the People, but in Matters of private
and domeſtic Concern. From which we are to con-
clude that to be the real Sentiment of Plato himſelf.
L.
And
146 M. FABIUS QUINCTILIANUS Book II,
And Cicero, in a certain Paffage, fays, that the Sub-
ject of Rhetoric confifts in whatever fhe handles;
but, at the fame time, he reftricts the Things that
fhe ought to handle, to a certain Number. In ano-
ther Paffage, however, he fays, "That the Energy
"of Eloquence, and the Profeffion of true Oratory,
"feems to undertake and promife, that an Orator
"ſhould be able to treat every Subject that fhall fall
"in his Way, elegantly and copioufly." In another
Paffage, he fays; "For as to an Orator, all the Ac-
"cidents and Occurrences of human Life ought to
"be by him examined, heard, read, difcuffed,
handled, and managed, becauſe human Life is
"the Scene of all his Action, and the Subject of all
"his Eloquence."
As to what I call the Matter, that is, the Subject,
of Eloquence, fome have extended it to an infinite
Variety, and others have faid that fuch an Infinity
does not belong to Eloquence; and they call her a
vague Art, from her running on from one Subject
to another. I fhall have but very little Difpute with
either of thoſe Opinions; for while they acknowledge
that ſhe handles all Kinds of Subjects, they affirm
that this very Multiplicity renders Eloquence impro-
per to treat upon them. But Multiplicity does not
imply Infinity, of Subjects. Other Arts, of leſs Mo-
ment than that of Eloquence, deal in a Multiplicity
of Matters. Architecture, for Inftance, deals in the
Knowledge of every thing that is ufeful for Build-
ing; and the Art of emboffing comprehends Gold,
Silver, Brafs and Iron. As to Sculpture, it compre-
hends, beſides the Materials I laft mentioned, Wood,
Ivory, Marble, Glafs, and Gems. For though an-
other Profeffion may deal in the fame Subject that
Rhetoric does, that Subject does not therefore be-
come
BOOK II. His INSTITUTES of Eloquence. 147
come improper for Rhetoric. Were I to afk, In
what Material does a Statuary work? The Anſwer
would be, In Braſs. Were I to aſk, In what Mate-
rial does a Founder work? I fhould be immediately
anfwer'd, In Brafs. Now, a Vafe is very different
from a Statue. Are we to deny Medicine to be an
Art, becauſe it fometimes preſcribes Unction and
Exerciſe, the fame as a Mafter of an Academy does;
and becauſe Cooks, as well as Phyficians, deal in
the Nature and Quality of Foods?
As to the Objection, that it is the Buſineſs of Phi-
lofophy to treat of what is virtuous, ufeful, and ho-
neft, it makes nothing against my Purpofe; becauſe,
when they ſpeak of a Philofopher, I fuppofe they
mean a Man of Virtue. Then, how fhould it be
ſurpriſing that an Orator, whofe Character I never
feparate from that of a Man of Virtue, fhould be
converfant in the fame Matters? Efpecially, as I
have fhewn in the firft Book, fince Philofophers have
taken Poffeffion of this Province, after it had been
abandon'd by Orators; and as it was the Birth-right
of Eloquence, Philofophers are therefore to be look'd
upon as Intruders into our Bufinefs. To conclude,
Tho' it is the Bufinefs of Logicians to difpute of eve-
ry Subject that comes before them, but in a more
fuccinct, quick, Manner, yet ftill, why may not the
fame Matters be proper Subjects for a fmoother and
more ornamented Manner of ſpeaking?
The following Cafe is fometimes put: Well then,
fay they, an Orator muſt be fkill'd in every Art, if
he ought to ſpeak upon every Art. Here I can an-
fwer in Cicero's Words, who fays, "No Man, in
my Opinion, can be a compleat and all accom-
pliſh❜d Orator, unleſs he has attained to the Know-
ledge of all Subjects, and Arts of great Confe-
quence."
"C
66
L 3
148 M. FABIUS QUINCTILIANUS BOOK II.
"quence." But it is fufficient for my Purpoſe, that
an Orator is not unacquainted with the Subject, upon
which he ſpeaks. It is impoffible for him to be ac-
quainted with all Cauſes, and yet, at the fame time,
it is his Buſineſs to fpeak upon all. But how is he
to do that, if he is unacquainted with them? Why,
let him fpeak only to Caufes he is acquainted with.
In like manner, if he is to ſpeak of an Art, let him
ſtudy it, and, after he has ftudied it, let him fpeak
of it.
But what are we to infer from this? If an Orator
is unacquainted with the Subject of Building, or
Mufic, a Builder or a Muſician will fpeak better to
thofe Profeffions than he can; doubtless, they will.
For even a Country illiterate Lawyer will plead his
own Caufe better than an Orator can, who knows
nothing of the Subject he fpeaks upon. But if the
Mufician, the Builder, or the Lawyer inftructs the
Orator, he will ſpeak better than his Teacher. But
when any particular Illuſtration is wanted, the Build-
er will ſpeak better upon Building, and the Muſician
upon Mufic; not that either of them is an Orator,
but each will do the Bufinefs of an Orator; in like
manner, as one who ties up a Wound may not be a
Surgeon, and yet he may do the Bufinefs of a Sur-
geon.
Are Matters of this Kind never treated in a pa-
negyrical, a deliberative, or a judiciary Manner?
If fo, while the making a Harbour at Oftia was un-
der Confideration, an Orator was not to fpeak his
Mind on that Subject, becauſe the Work belonged
to the Art of Architecture. Has an Orator never
Occafion to enquire, whether Difcolourings and
Swellings in the Body proceed from Crudities or
from
BOOK II.
His INSTITUTES of Eloquence.
149
from Poiſon? and yet that Enquiry belongs to the
Art of Medicine. Is not an Orator to ſpeak upon
Meaſures, and Numbers? Yet thefe are Parts of the
Mathematics. In fhort, I think ſcarcely any Que-
ſtion can ariſe, that may not fall under the Cogni-
zance of an Orator; if any does not, then it is not
the Subject of his Difcuffion. I, therefore, have
properly defined the Matter of Rhetoric to be "eve-
every thing that is fubject to an Orator's Difcuffion;"
and this appears, even from the common Courſe of
Converfation. For, when we get any Subject to
ſpeak to, we very often preface it with faying, that
we have got a proper Subject for our Difcuffion. Gor-
gias was fo much of Opinion that an Orator ought
to ſpeak upon all Subjects, that he fuffer'd his
Sholars to question him, at their public Meetings,
upon whatever Subjects each of them pleaſed. Her-
magoras, likewife, comprehended all Subjects in
Rhetoric, by ſaying, that its Matter lay in Caufes
and Queſtions. But, fhould any one think that
Queſtions do not belong to Rhetoric, he differs with
me; but, if they belong to Rhetoric, he confirms
what I advance; for there is nothing but what may
fall into a Cauſe, or a Queſtion. Ariſtotle, likewife,
by dividing an Oration into three Parts, the judici-
ary, the deliberative, and the demonftrative, has given
us his great Authority, for bringing almoft every
thing under the Cognizance of an Orator.
A very few examine into the Nature of the In-
ftrument of Rhetoric, by which I mean, that which
forms the Matter, and without which it is impoffi-
ble for us to give our Labour all the Effect we de-
fire. But, in my Opinion, this Queſtion relates ra-
ther to the Artift, than to the Art; for Science,
even though it does not operate, may be compleat,
L 3
and
150 M. FABIUS QUINCTILIANIUS Book II,
and, therefore, it requires no Inftrument. But
Workmen do; an Emboffer, for Inftance, muft
have his Tool, and a Painter his Pencil. I fhall,
therefore, defer this Subject, till I come to treat of
an Orator,
M. FA
eth
* ****
SEX
C & X X SS
*** ***
*** **
* ****
K & K
{** **
***
C & X X 59
Q & X X 2 ?
CE XXS S
** ***
*
*
* Y
M. FABIUS QUINCTILIANUS
HIS
INSTITUTES of ELOQUENCE;
OR,
The ART of Speaking in Public.
変​装
​BOOK III.
SR SR FR ste
奶奶​粥
​染​染​染​血染 ​染 ​S. DR St. #s
DI
CHA P. I.
INTRODUCTION.
Concerning Greek and Latin Writers upon the Art of
H
RHETORIC,
AVING, in the Second Book,
enquired what Rhetoric is, and
what is its Purpoſe; I have, to
the beſt of my Abilities, like-
wife fhewn it to be an Art, and
profitable one too for the
Purposes of Life, and likewife
that it is a Virtue: I have alſo
proved its Subject-Matter to confift of every thing that
falls in its way to difcufs. I fhall now proceed to
14
treat
152 M. FABIUS QUINCTILIANUS BOOK III.
treat of its Original, of its conftitucnt Parts, and in
what Manner they are to be found out and handled.
Which laft is the only Subject that moſt Writers
upon the Art of Rhetoric have confined themſelves
to; nay, Apollodorus has reſtricted himſelf to the ju-
diciary Part of it only.
I am fenfible what a Taſk I undertake, by thus
(for the Satisfaction of thofe that want to be in-
ftructed in this Art) entering upon a Labour, that,
through the vaft Diverfity of Opinions which I am to
examine, will be a Matter of great Difficulty, and,
perhaps, not very pleafing to my Readers, becauſe
it contains little more than a bare Syftem of Rules.
In other Parts of this Work I have endeavour'd to
throw in fome Embelliſhments, not in order to make
a Diſplay of my Genius, (for, had that been my
Purpoſe, I could have chofen a much more proper
Subject) but that I might, thereby, the better re-
commend to the Study of Youth, what, I thought,
was neceffary for their Inftruction; imagining, that
the Beauty of Syle would allure them to Study, while
a jejune, dry Manner, I was afraid, might give them
Difguft, and be grating to the Delicacy of their
Ears. Lucretius had the like Reafon for digefting
his Syftem of Philofophy into Verſe. For he uſes
this well-known Simile:
As when Phyficians, for the fukly Boy,
Muft nanfeous, falutary, Draughts employ,
With pleafing Sweets they flain the Goblet's Brink;
Then Health returns; for, thus deceiv'd, they drink.
But, I am afraid that this Book will be abundantly
more bitter than fweet, and be more wholeſome, than
pleafing, to Study. Nay, I am afraid that it will
be ftill more difagreeable, becaufe most of its Con-
tents are not of my Invention, but have been deli-
yer'd by others.
Add
Book III. His INSTITUTES of Eloquence.
153
Add to this, that fome are of a contrary Opinion,
and therefore oppofe mine; becaufe many Authors,
tho' pointing at the fame Purpoſe, have, however,
purſued it by different Paths, in which each has his
Followers. Now each thinks his own Path the beſt,
and it is no eafy Matter to make a Boy alter the Pre-
poffeffions he has imbib'd; becauſe every one is more
apt to take up with what he already knows, than to
begin to ſtudy anew. It appears from the laſt Book,
that the Diverſity of Opinions amongſt Authors is in-
finite. In the firſt Place, by Writers who made Im-
provements upon what they found rude and imper-
fect. In the next Place, by thoſe who, from a Va-
nity to contribute fomewhat of their own, alter'd
what ought to have ftood as it was.
For Empedocles, after what is left us by the Poets,
was the firſt who taught fome Parts of Rhetoric; but
the first who laid down Rules for it, were two Si-
cilians, Corax and Thyfias, who were followed by
Gorgias of Leontium, a Scholar, as it is thought, of
Empedocles. He, living to the great Length of a hun-
dred and nine Years, was cotemporary with great
Numbers of Orators, and confequently was the Rival
of thoſe I have already mentioned, and outlived So-
crates himself. Thrafymachus of Chaicedon, Prodicus of
Chics, and Protagoras of Abdera, were his Rivals or
Cotemporarics; and it is faid that Euathlus paid the
latter a Fee of a thouſand Guineas for teaching him
the Art of Rhetoric. Of this fame Number likewife
was Hippias of Elus, and Alcidamus of Elea, whom
Plato calls Palamedes. Antiphon is faid to have been
the first who compos'd a Pleading; and befides lay-
ing down Rules for the Art itfelf, he is held to have
been a most excellent Pleader in his own Cauf, upen
a capital Impeachment. I am likewife to mention
Febestes,
154 M. FABIUS QUINCTILIANUS BOOK III.
Polycrates, who, as I have obferved already, wrote an
Oration againſt Socrates: And Theodorus of Byzan-
tium, one of thoſe whom Plato calls Word-joiners. (a)
Of thofe, Protagoras, Gorgias, Prodicus, and Thrafy-
machus, are faid to have been the firft who treated
of general Topics. Cicero, in his Brutus, fays, that
no Writer, before Pericles, knew any thing of orna-
mented Eloquence; but that the Works of Pericles
are not without fome Ornaments. For my part,
find nothing in them that ought to give him fo great
a Character for Eloquence. I am not therefore fur-
prized that fome think he left nothing in Writing,
and that the Works, which go under his Name, were
compofed by others.
I
Many Orators fucceeded thofe I have mention'd;
but Ifocrates, of all the Hearers of Gorgias, made the
greatest Figure, tho' Authors are not agreed who
was his Mafter; tho' I am of Opinion, with Ariftotle,
that Gorgias was. It was then thofe two great Men
ftruck into different Paths (b). For the Pupils of
Ifocrates excelled in all Kinds of Studies, and when
he was in the eighty-ninth Year of his Age, Aristotle
began to give Afternoon-Lectures upon Eloquence,
making frequent Ufe, as we are told, of that well-
known Parody, from the Philoctetes of Socrates.
It is fcandalous to be filent, and hear Ifocrates ſpeak.
Rhetoric, as an Art, is beholden to both. Theo-
docles, whofe Work I have already mention'd, was
their
(a) Orig. Moyodardanus) The Meaning of this is the Dedalus
of Words, importing that they were curious chiefly with regard to
the mechanical Structure of their Language.
(b) See this Matter fully handled in Cicero de Oratore, 1. 3. C. 34
& 35.
BOOK III. His INSTITUTES of Eloquence. 155
their Cotemporary, Theophraftus, the Scholar of A-
riftotle, wrote likewife with great Accuracy upon
Rhetoric, and, from that Time, Philofophers, par-
ticularly the Leaders of the Stoics and Peripatetics,
have applied more earneſtly, than Rhetoricians them-
ſelves have done, to this Art. Hermagoras afterwards
ſtruck out, as it were, a Walk to himſelf, in which
he was follow'd by many; and Athenæus feems to
have been his Rival, and, at leaſt, his Equal, in this
Art. It afterwards received great Improvements
from Apollonius of Molon, from Areus, from Cæcilius,
and Dionyfius of Halicarnaffus.
But the most famous Profeffors after them were,
Apollodorus of Pergamus, who taught Cæfar Auguftus
at Apollonea; and Theodorus of Gadara, (who chofe to
paſs for a Rhodian) and whofe Lectures, Tiberius Cæ-
far, we are told, affiduously attended, when he re-
tired to that Iſland. Thofe two Profeffors ftriking
into very different Manners, gave rife, as we have
feen often to be the Cafe in Philofophy, to the dif-
ferent Sects of Apollodoreans and Theodoreans. But
we muſt have Recourfe chiefly to the Diſciples of A-
pollodorus for the Rules he laid down; of theſe, Caius
Valgius was the most accurate Compiler in Latin, and
Atticus in Greek. The Treatife he addreffed to Matius
appears to be the only Piece he wrote upon this Sub-
ject, for he difavows, in his Letter to Domitius, all
the other Tracts that went under his Name. Theo-
dorus was Author of feveral Pieces; and fome People,
who are now alive, remember to have feen him
Hearer to Hermagoras.
So far as I have been able to learn, Marcus Cato,
the famous Cenfor, was the firft who collected fome
Materials upon this Head, and upon them, Antonius
afterwards formed his Plan, which he never finish'd,
and
156 M. FABIUS QUINCTILIANUS
BOOK III.
and is the only Work of his now extant.
He was
fucceeded by fome lefs confiderable Orators, whom I
fhall particularly mention if Occafion fhall offer.
But Marcus Tullius Cicero, that brighteſt Luminary
of Eloquence, while he inftructs us in her Rules,
gives us the nobleft Specimen of executing, as well as
teaching, the Art of Rhetoric. After this great Au-
thor, it perhaps would have better become me to be
filent, did not he himſelf tell us, that his Pieces upon
Rhetoric had carelefly flip'd from him when a young
Man, and had he not purpoſely omitted in his Treatiſe
concerning the Character of an Orator, thofe minuter
Points which are fo generally uſeful. Cornificius wrote
a good deal upon the fame Subject. Stertinus wrote
fomewhat, as did the elder Gallio: But Celfus and
Lenas, who lived before Gallio, wrote ftill more accu-
rately than he, as have, in our own Days, Virginius,
Plinius and Rutilius. Some eminent Authors upon
the fame Subject are ſtill alive; and had they not o-
mitted fome Things in their Writings, I fhould have
been fpared the Trouble of this Work. But I for-
bear to mention the Living; the Seafon of their Glory
is yet to come; their Virtues will be tranfmitted to
Pofterity without the Envy that now attends them.
However, after fuch a Number of excellent Au-
thors, great as they are, I fhall not be afraid, upon
certain Occafions, of advancing my Sentiments like-
wife. For I have not, from any Spirit, as it were, of
Superſtition, bound myſelf over to any Sect; and I
have open'd a Field, in which iny Readers may chufc
what they beft approve of. As I have collected into
one Body the Compofitions of many Authors, where-
ever I have no room to fhine as an ingenious Writer,
I ſhall be contented with the Character of a careful
Compiler.
CHAP.
BOOK III. His INSTITUTES of Eloquence. 157
CHA P. II.
CONCERNING THE ORIGINAL OF RHETORIC.
SHALL not expend much Time in enquiring
into the Original of Rhetoric. There can be no
manner of Doubt that Nature, the Parent of Man-
kind, and of the World, endow'd Man with Speech.
This being the unquestionable Original of that Pro-
perty, common Utility cultivated and improved it,
till it was compleated by Study and Practice. Now,
I cannot fee why fome imagine that Eloquence owes
its Rife to Men's ftudying how to ſpeak accurately
in their own Defence, when their Welfare was en-
danger'd. This, indeed, accounts for its Original in
a nobler Way, but it is founded upon a Miſtake,
becauſe the Impeachment comes firſt, and the De-
fence afterwards. Unlefs we are to fuppofe that the
Man who made the firft Sword, made it in order to
defend himfelf, and not to deftroy others.
The Practice of Speaking, therefore, was intro-
duced by Nature; the Art of Speaking, by Obferva-
tion. For as Men feeing in Medicine fome Things
that were wholeſome and fome unwholeſome, erected
it into an Art by obferving thoſe Properties; thus, in
Speaking, they found ſome Things that were proper,
and others improper, and mark'd both, the one to
be imitated, the other avoided, and Study fuggefted
ſome Improvements of her own. Theſe Obfervations
being confirm'd by general Experience, then every
one inftructed another in what he himſelf knew.
\
Cicero (a) indeed tells us, that Eloquence took its
firſt Rife from the Founders of Cities and of Laws,
who
(a) Cicero) Our Author was probably pretty far advanc'd in
Years, when he compofed this Work; and he was fo well ac-
quainte l
158 M. FABIUS QUINCTILIANUS BOOK III,
who certainly muft have had great Powers in Speak-
ing. But I know not how he comes to make this
the firſt Original of Eloquence, fince whole Nations
ftill wander about, without Cities and without Laws,
yet fome amongst them act as Ambaffadors, fome
impeach, others defend, nay they form a Judgment
of each other's Merit in fpeaking.
CC
quainted with Cicero's Writings, that he feems, fometimes, to quote
them by his Memory; neither can I find that the Antients had to
their Books the pretty Conveniences that ours have, I mean that
of Indexes. It is, therefore, not very furprizing, that fome In-
accuracies ſhould flip here and there into this Work. The pre-
fent Paffage, I think, is one, for I do not recollect that Cicero
commits the Abſurdity charged upon him here by our Author
his Words are, fpeaking of Eloquence, "What other Power
"could have been of fufficient Efficacy, either to collect the dif-
perfed Individuals of Mankind from all Quarters into one Place,
or to bring them from favage, barbarous Life, to a focial, regu-
"lated Intercourfe; or, after States were founded, to mark out
"Laws, Forms, and Conftitutions for their Government ?"
Cicero, in the Beginning of his firft Book concerning Invention,
has explained this Matter more at large; for he there fuppofes,
"That when Mankind lived in a favage State" (by which he does
not mean, by the bye, what he calls the State of Nature,)
"great and wife Man knowing the Ingredients of which Man
"was form'd, and the Power of thoſe Properties which refided
in his Soul, bethought how he could call them into Action, and
lay down Rules for improving them. He then, by a certain Sy-
"ſtem, compelled into one Place Men who were before wandering
"in the Fields, or lurking in wild Holes. Having thus collected
"them, he introduced into Society whatever was honeſt and vir
"tuous; and tho', at firfl, they difliked a Life they were not uſed
<to, yet he fixed their Attention by his Wifdom and Eloquence,
"and from Brutes and Savages, he render'd them mild and gen-
CC
"fome
tle. Now in my Opinion, it must have required uncommon
"Abilities in Speaking, to have thus, of a fudden, reclaim'd Man-
"kind from their barbarous Habits, and made them embrace the
"uſeful Purpoſes of Life.”
Both thefe Quotations appear ridiculous enough, if we confider
them in any other Light than as coming from a profefs'd Orator, for
when Cicero fpeaks as a Philofopher, he gives a much more fen-
fible Account of the Original of Society. Thefe Paffages, how-
ever, abfurd as they are, are infinitely more defenfible, than what
Quintilian here charges upon Cicero.
CHAP.
BOOK III. His INSTITUTES of Eloquence. 159
CHA P. III.
CONCERNING THE FIVE PARTS OF RHETORIC.
Now
OW, with many and great Authors, I divide
the whole Syftem of Speaking into five Parts;
I mean, Invention, Difpofition, Elocution, Memory,
and Delivery, or, which is the fame Thing, Action,
Every Speech expreffing any certain Purpoſe, muft
neceffarily confift of Matter and Words; if it is
fhort, and clofes with a fingle Propofition, it perhaps
requires nothing elfe, but if it runs into any Length,
it requires more. For perhaps it is not only mate-
rial to speak to the Purpoſe, and with Propriety,
but to know where to introduce what you have to
fay; this, therefore, gives rife to Difpofition or Ar-
rangement. But we fhall neither be able to fpeak all
that our Subject will admit of, nor yet to introduce
every thing we have to fay in its proper Place, with-
out the Affiftance of Memory, which, for that Rea-
fon, forms the fourth Part. All thoſe four Parts,
however, may be vitiated, nay, utterly loft upon the
Hearers, by a Pronunciation that is difagreeable, ei-
ther in the Sound, or in the Action; and, for this
Reafon, Delivery holds the fifth Part (a).
(a) Mr. Rollin has I think with great Judgment omitted Part of
the Original of this Chapter, which confifts only of a dry Repeti-
tion of the Sentiments of Rhetoricians and others, concerning the
Divifions of the Art, which can be of no manner of Uſe to an
English Reader.
N
CHAP.
160 M. FABIUS QUINCTILIANUS BOOK III
CHAP. IV.
CONCERNING THE THREE KINDS OF CAUSES.
TH
HERE is fome Doubt whether the Kinds of
Cauſes ought to be reduc'd to three, or more.
It is true, almoft all the antient Writers of great Au-
thority have followed Aristotle in fixing them to three,
and he only ſubſtitutes the Word Popular, for that
of Deliberative. For my part, I think it fafeft, as well
as moſt rational, to follow the Generality of Authors.
There is, therefore, one Kind which contains Praiſe
and Difpraiſe, and which we fhall call by the better
Quality, commendatory, tho' others call it the de-
monftrative Part; the next is the deliberative Part;
the next is the judicial. Thefe three leffer Heads
include all the Subdivifions, every one of which
muſt be refolv'd into Praiſing or Difpraiſing, Per-
fuading or Diffuading, Attacking or Repelling. All
theſe have in common to them the Arts of Conciliat-
ing, of Explaining, Exaggerating or Diminiſhing,
and of foothing, or roufing, the Paffions of the
Hearers.
Neither do I agree with thofe, who are of Opinion
that the commendatory Kind ought to be confin'd to
moral Matters, the deliberative to what is profitable,
and the judicial to Matters of Juftice; for this Di-
vifion is calculated rather for the Purpoſes of Con-
veniency and Shew, than of Truth. All thofe Qua-
lities require the mutual Aid of one another, for the
commendatory Kind muft touch upon what is juſt
and what is profitable, and Honefty ought to influ-
ence every Intention; and rarely do we find any ju-
dicial Matter that does not partake of fome of the
Qualities I have already mentioned.
2
CHAP.
BOOK III. HIS INSTITUTES of Eloquence. 161
CHA P. V.
Concerning the three Effects of Eloquence-That Questions
are either limited or indefinite.
Eve
VERY Speech confifts of the Things that are
expreffed, and the Words that expreſs them.
Eloquence is compleated by Nature, Art, and Prac-
tice, to which fome add Imitation, but I include it
under the Head of Art. Now the Bufinefs of an
Orator is threefold; to inftruct, to move, and to de-
light. But all the three do not always fuit with the
Subject. Some Subjects will not fuffer an Orator to
attempt to move the Paffions, but, wherever that can
be done, it has vaft Effect.
It is agreed, that Queſtions are either indefinite,
or limited. The indefinite are fuch as, being inde-
pendent of Perſons, Times, Places, and the like
Circumſtances, admit of being handled in different
Senfes, the Greeks call this a Beris, and Cicero calls
it, a Propofitum or Propofition. Limited Queſtions
arife from a Complication of Things, Perfons, Times
and the like Circumftances; the Greeks call them
TOEσεis, and we, Caufes; and all Debates arifing
upon them are confined to Things and Perfons. The
indefinite Kind is the moſt ample, becaufe out of
that fprings the limited. For Example, whether one
ought to marry, is an indefinite Queftion; whether
Cato ought to marry, is a limited one, and therefore
may become Matter of Deliberation.
But this Kind fometimes may relate to fome par-
ticular Circumftance, without being confined to any
one particular Perfon. Whether one ought to have any
Share in the Government, when his Country is opprefied
by a Tyrant? points at a particular Circumflance;
M
tho
162 M. FABIUS QUINCTILIANUS BOOK III.
tho' the Queſtion is quite indefinite or fingle, when
it is, Whether we ought to have a Share in the Govern
ment? But here the particular Perfon is, as it were,
concealed. For the Word Tyrant makes it a double,
and not a ſingle, Queſtion, and introduces into the
Mind a fecret Confideration both of Time and
Quality; ſo that this cannot be properly called a
Caufe.
Thoſe Queſtions, however, which I call indefinite,
others call general; and if this Term is juft, limited
Queſtions ought in like Manner to be term'd particu-
lar, or fpecial, ones. Now, in every fpecial Queftion,
a general Queſtion is fuppofed to pre-exiſt, and I am
not ſure whether in Caufes likewife, whatever comes
to be difputed with regard to its Quality be not
general. Milo kill'd Clodius; he was justify'd in killing
the Man who way-laid him. Now the Queftion here
to be confidered is, whether a Man is juſtify'd in
killing another who way-lays him. The following
are all general Queftions; Whether Hatred has been
the Caufe of a villainous Action? Whether Avarice bas?
Whether we are to believe what is extorted by the Rack?
Whether we are to give credit to speaking Witneſſes, or
to filent Proofs? For it is certain that every general
Queſtion may be comprehended under a Definition.
Some are of Opinion that thofe Cafes which are
bounded by Perfons and Caufes, may be term'd
Thefes, by viewing them in another Light. Sup-
pofing the Caufe to be, The Trial of Oreftes. The
Thefis is, Whether Oreftes was acquitted juftly? Of
the fame Kind is, Whether Cato did right in giving
Marcia to Hortenfius. Here, they diftinguish the
Thefis from the Caufe, for the one is of the fpecu-
lative, the other is of the active, Kind; the Theſis is
canyafs'd
Book III. His INSTITUTES of Eloquence. 163
canvaſs'd for the Sake of Truth only, but the Cauſe
is actually pleaded and carried into Decifion.
Some, however, think, that all univerſal Queſtions
are of no Uſe to an Orator, becauſe it is to no Pur-
pofe to make it appear, that a Man is to marry, or to
undertake public Affairs, if he is unfit for either, thro'
Age or Infirmity. But that may not be the Cafe
in other Queſtions; for Inftance, Whether Virtue is
the final Good? Whether the World is governed by
Providence? Nay, with regard to Queſtions that
turn upon a Perfon, it is not enough to treat of the
general Queſtion, and yet, without difcuffing that,
you cannot apply the Queſtion to any Particular.
For unleſs Cato has confidered, and.is clear that Ma-
trimony is a right Thing, he never will make it a Mat-
ter of Deliberation, Whether he shall marry? And
unleſs he refolves to marry, it never will become a
Queſtion with him, Whether he shall marry Marcia? (a)
(a) Our Author in the Original here has introduced a great
many Terms, Definitions, and Difcuffions, that might be of
Ufe to be known both to Scholars and Maſters in his Time and
Country, but can be of no manner of Ufe to a Modern. I have
therefore, with Mr. Rollin, omitted great Part of this and the pre-
ceding Chapter. If the Reader fhall pleaſe to confult the Tranf-
lation of Cicero de Oratore, he will find this Matter difcuffed with
great Elegance and Perfpicuity. It is fufficient to give an Inftance
of each State or Iſſue Quinctilian here mentions.. In Cicero's
Pleading for Calius, he put the Iffue upon Cælius ner er having at-
tempted to poifon his Sifter; and therefore it was conjectural. In his
Oration for Plancius, he forms a definitive State by examining,
Whether that Diftribution of Money which was made by Plancius,
could be defined to be public Corruption? In his Cration for Miilo,
the Iffue turns upon the Quality of the Action, Whether Milo was
juflifiable in killing Clodius?
M 2
CHAP.
164 M. FABIUS QUINCTILIANUS BOOK III.
1
CH A P. VI.
THAT THE STATE OF A CASE IS THREEFOLD.
THE
HE State of a Caufe is the main Purpoſe for
which the Orator pleads, and which the Judge
chiefly is to confider; and that, indeed, is the Sub-
ftance of the Caufe.
Moſt Writers agree upon three general States ;
Conjecture, Definition, and Quality. This is the Opi-
nion of Cicero, in his Book concerning the Character
and Qualifications of an Orator; and he thinks they
contain every Point that can come into Diſpute or
Doubt. Whether any Thing happen'd? is the con-
jećtural Kind. What happen'd? belongs to Defini-
tion; And of what Nature the Thing is that did happen?
relates to the Quality of the Action.
I own that upon this Head I have fomewhat
'chang'd the Opinion I formerly entertain'd. Were
my whole Aim, Fame, it would be, perhaps, ſafeſt for
inc to perfovere in that Opinion which I had for fo
many Years not only taught, but defended. But I
cannot bear the very Thoughts of diffembling any
Part of my Sentiments, eſpecially in a Work which
I compofe for the Benefit of Youth. Hippocrates (a)
the famous Phyfician, acted nobly in acknowledging
himſelf (left Pofterity might have been mifled) to
have been under ſome Miſtakes. And Cicero, in ſome
of his later Writings, frankly condemn'd fome of his
former, fuch as his Catullus and his Lucullus, and his
Books of Rhetoric, which I have already mention'd;
and indeed it would be toiling to no purpofe in
Study,
(a) This was with regard to the Sutures of the Head, which
Hippocrates ingenuously own'd he had mistaken; and, fays Celfus
elegantly, in this, he aɛled like a great Man, as he was; for a 100%
Genius can take nothing from itſelf, "becauſe it poſſeſſes nothing.
BOOK III. His INSTITUTES of Eloquence. 165
་
Study, if notwithſtanding our Perſeverance, we were
debarred from improving upon what we knew before.
Nor, indeed, are any of the Rules, I then laid down,
needlefs, becauſe they may be refolved into the Prin
ciples I am now recommending. Therefore, let no
Man repent his having learned them. I am not
only endeavouring to collect the fame Materials, but
to arrange them to more Advantage. Mean time, I
would have every body to know, that the Moment
I myſelf was fatisfy'd in this Refpect, I endeavour'd
to fatisfy others.
Upon the whole therefore, we are to follow thofe
Authorities which Cicero has made ufe of, that all
Matters of Difpute are reducible to three States or
Iffues, which are the Points to be tried, Whether any
thing happen'd? What happen'd? And what is the Na-
ture of the thing that did happen? Now, this Divi-
fion is warranted by Nature herfelf; for if, in the
firft Place, we allow, that there must be a Matter
to be tried, that Point muſt be firſt ſettled, before
we can determine the Fact, or the Nature of it.
That, therefore, is the firft Thing to be tried. But tho'
we are fatisfied in refpect to the Exiſtence of a Thing,
yet we may not know what the real Fact is, till we
try. When this Point likewife is fettled, then the
Nature of the Fact comes to be examin'd, and we
have nothing farther to try after fettling thoſe three
Points.
Having thus divided Caufes into three Kinds, I
now proceed according to the Plan I have laid
down.
M 3
CHAP.
'
166 M. FABIUS QUINCTILIANUS BOOK III,
CHA P. VII.
CONCERNING THE DEMONSTRATIVE KIND.
That this Kind, likewife, was practifed in Pleadings at
Rome Concerning the Praifes of the Gods
Praife and Difpraife of Men
I
and Places.
The
The Praife of Cities
CHUSE to begin with that Kind which confifts of
Praife and Reproach, though Ariftotle, and Theo-
pkrofus, who follow'd him, feem to deny that it
ever ought to intermingle in Bufinefs, but that it is
purely calculated to pleaſe the Audience; and that
it was call'd demonftrative, merely becauſe of its
Oftentation. But the Practice that has prevailed at
Rome has even adapted this Manner to Bufinefs. For
Specches, in Praifes of the Dead, frequently refult
from fome public Duty, and devolve upon Magi-
ftrates by a Refolution of the Senate; and the En-
couragement, or Difcouragement, of a Witneſs is a
main Part of the Practice of a Pleader. Nay, even
the Accuſed are at liberty to employ their Panegy-
rifts to speak in their Praife; and the Invectives that
have been publish'd, during Competitions for public
Offices, against Pifo, Clodius, and Curio, though full
of Reproaches, had their Weight with our Senate.
I likewife admit, that fome Compofitions of this Sort
are merely ornamental, fuch as the Praiſes of the
Gods and Heroes of paft Times.
From this it appears, that they are under a Mif
take, who imagine that an Orator is never to
fpeak
but upon a difputable Point. Is the Praife of the
Capitoline Jupiter, that perpetual Theme of facred
Difputation, a difputable Point? Is it not to bo
treated
BOOK III. His INSTITUTES of Eloquence. 167
treated in an oratorial Manner? But, as Panegyric,
when introduced into a real Pleading, requires Proof
to fupport it; fo the Panegyric, that is merely orna-
mental, ought to carry with it Probability. Sup-
pofing an Orator is to advance, that Romulus was che
Son of Mars, and nurfed by a She-Wolf, he is to
make uſe of the following Arguments in fupport of
his celeftial Original: That, being thrown into a
running Stream, it did not ſwallow him up; that
his Actions were fuch, as to render it not incredible
that he defcended from the God who prefides over War;
and that his Cotemporaries readily believed he was re-
ceived amongſt the Gods. Nay, in fuch Subjects, cer-
tain Circumſtances may require to be treated in the
Manner of Defence; as when an Orator, when he
celebrates the Praifes of Hercules, is to apologize for
his changing Habits with the Queen of Lydia, and,
as we are told, his being obliged to perform the Taſk
ſhe had appointed him.
But the Buſineſs of Panegyric is to amplify, and
embelliſh; a Subject which generally happens to be
a Man or a God; yet it may regard irrational, nay,
inanimate, Beings.
With regard to the Gods, we are, in the firſt Place,
to exprefs a due Veneration for their divine Nature,
and for their feveral Powers, and their Inventions,
by which they have profited Mankind. The Power
of Jupiter is fhewn in his Government of the World;
of Mars, in War; of Neptune, upon the Sea. With
regard to Inventions, Minerva invented Arts; Mer-
cury, Letters; Apollo, Medicine; Ceres, Agriculture;
and Bacchus, the Culture of the Vine. The Orator
is, then, to touch upon all their Actions that have
been celebrated by Antiquity. Their Offspring is like-
wife Matter of Panegyric; Latona, for Inftance, was
M 4
the
168 M. FABIUS QUINCTILIANUS
BOOK III.
the Mother of Apollo and Diana. Some are to be
extolled for being born immortal; others, for having
attained to Immortality by their Virtue, which the
Piety of our Sovereign, (a) who is the Ornament of
the prefent Age, has effected.
The Praife of Men admits of greater Variety;
for, in the firſt Place, it marks out the Times that
preceded them, and the Times in which they lived;
and, if the Parties happen to be dead, the Time-
fucceeding their Death. With regard to Times be-
fore their Birth, we have an Opportunity to treat of
their Country, their Parents, and their Anceſtors,
This may be done in two Manners; either by fhew-
ing
(a) Sovereign] An English Bishop, (Parker) if I rightly remem-
ber, indulged the extraordinary and horrid Humour of apologi-
zing, even for the Conduct and Character of Nero; and, though
I am far from thinking that he fucceeded in his Attempt, yet I
cannot believe but that many of the horrid Stories told of him
have been exaggerated. The fame, perhaps, was the Cafe with
feveral others of the first twelve Emperors. Nor, indeed, is it
any Wonder, when we confider, that every fucceeding Emperor
rofe upon the Ruin of his Predeceflor; fo that it became fashion-
able for Iliflorians, and other Writers, to magnify every Failing
into a Vice; and, perhaps, that which was only neceffary Seve-
rity, they have fometimes reprefented as enormous Cruelty. Do-
mitian, whom, according to Rollin and the Abbé Gedoyn, our Au-
thor here ranks amongst the Gods before his Death, is generally
look'd upon as a Monſter of Cruelty and Inhumanity; and yet,
one fcarcely knows how to reconcile the Enormity of this Cha-
racter, to fome Parts of his Conduct. He expended immenfc
Sums, in repairing the Rayages which frequent Fires had done to
the Libraries of the Empire; and even Suetonius himself tells us,
that, in the Beginning of his Reign, he not only was magnificent.
and generous, but was equally compofed of Virtues and of Vices.
He embellifh'd the City of Rome with Buildings, that fill do it
Honour. His Administration of Justice was ftrict, and impartial;
and he was fortunate in his Generals. It is true, we are told of
feveral Murders which he committed; but we are to remark, at
the fame time, that feveral Confpiracies, and fome Rebellions,
were form'd against him. As to the capital Charge, of his affum-
ing to humlelf divine Honours before his Death, it was a Vanity
he had in common with fome of the beft Emperors: And really,
if
Book III. His INSTITUTES of Eloquence. 169
ing how glorious it was, in them, to equal all the
Virtues of their Blood; or, to ennoble their Deſcent
by their Merits. The Circumftances, too, of the
Times that preceded them may be touch'd upon, if
they have been diftinguiſhed by Oracles, or Augu-
ries, foretelling the Glories of the Party; as when
the Oracle pronounced, that the Son of Thetis was to
be more illuſtrious than his Father.
With regard to perfonal Praifes, they confift either
in mental, bodily, or external, Circumftances. The
two latter are not fo material; nor are they to be han-
dled in the fame Manner. For, fometimes, Beau-
ty and Strength admit of Panegyric; and Homer ce-
if we confider the Characters which the principal Gods have in
the Heathen Theology and Mythology, it was no great Compli-
ment, even to a Domitian, to share in their Honours. Mr. Rollin,
the French Editor, breaks out, with great Indignation, againſt this
Paffage, which he calls an impious Piece of Adulation to an
abandon'd Monſter of Vice, who had commanded himfelf to be
worshipped as a God. But the learned Gentleman's Zeal goes too
far, and both he and the Abbé Gedoyn leem, to me, to have mif-
taken the Senfe of this Paffage, the Original of which is; Lau-
dandum in quibufdam, quòd geniti immortalis; in quibufdam, quòd im-
mortalitatem virtute fint confecuti; quod pictas principis noftri, præ-
fintium quoque temporum dicus, fecit. Now, in order to justify my
Tranflation of thefe Words, we are to reflect, that Domitian had
erected a Temple to his Father and Brother, two of the beſt
Princes the Romans ever had, which he called by the Name of
the Temple of the Flavian Family. This Circumftance renders
this Paffage plainly intelligible, which it is not, if we take it in the
Senfe of the two Frenchmen. I fhould not have been, however,
very folicitous of defending my Author upon this Head, had not
Mr. Rollen, though a great Admirer of Quintilian, injudiciouſly, I
think, attack'd him. For great Authors have complimented worfe
Princes, than Domitian was, with Immortality; and Mr. Rollin
had every Day before his Eyes more grofs Pieces of Adulation,
than he fuppofes Quinctilian to have been guilty of here, paid, by
a whole People, to a Prince (and in his Life-time too) who did a
thouſand times more Miſchief to Mankind, than ever Domitian
did; I mean Iervis the X1vth of France, whom his Subject‹, at
every turn, comp imented with Immortality; and his Statues
bore, and ftill bear, the modeft Infcription of Viro immortal.
lebrates
170 M. FABIUS QUINCTILIANIUS
BOOK III,
Even De-
lebrates Agamemnon and Achilles for both.
fects may raiſe our Admiration; for, in the Iliad, we
admire Tydeus, though a little Man, for being a great
Warriour. Fortune is a Subject
upon which a great
When fhe fmiles, as
attended with Dig-
many fine Things may be faid.
upon Kings and Princes, fhe is
nity; when ſhe frowns, as upon meaner Men, the
greater is the Glory of counterbalancing, by Merit,
the Weight of her Indignation. As to external and
accidental Advantages, it is not the poffeffing them,
but the uſing them well, that is Matter of Panegyric.
For Riches, Power, and Favour, as they enable a
Man to do a great deal either of Miſchief or Good,
afford the moſt powerful Trial of our Difpofitions,
by rendering them either better, or worſe.
But the Merit that arifes from mental Properties
tho' unvarying and perpetual, yet may be celebrated
in many different Manners.
Sometimes the Orator
thinks it more beautiful to attend his Hero through
the feveral Stages of Life, and through the Progress
of his Actions. He touches upon his dawning Ge-
nius, when a Boy; his Application, when a Youth;
and, when a Man, upon his Character, as compofed
of Magnanimity, both in Words and Actions. Other
Orators think proper to divide their Panegyric into
the different Kinds of Virtues, by giving particular
Inftances of the Fortitude, the Juftice, the Modeſty,
and other great Qualities, of their Hero. We fhall
confider, as my Subject leads me, which of theſe
Manners is preferable. We are, in the mean time,
to remark, that it is more pleafing for the Hearers to
be inform'd of the Hero's being the firft, or fingle,
or next to fingle, in the Performance of a great
Action. Unlook'd for and furprising Events, arifing
from his Virtues, add to our Delight, eſpecially if
another
BOOK III. His INSTITUTES of Eloquence. 171
another Perſon, and not he himſelf, reaps the Be-
nefit.
It does not always lie in an Orator's Way to touch
upon the Time fucceeding the Death of his Hero,
not only becauſe the Living are often the Subjects of
our Panegyric, but becauſe it ſeldom happens that a
Man dies, who deferves to have divine Honours, fe-
natorial Decrees, and public Statues, dedicated to his
Memory. To thefe I may add the Monuments of
Wit and Genius, whofe Merits have been eſtabliſh'd
through a Succeffion of Ages. For fome, Me-
nander for Inftance, have owed more to the Juftice
which Pofterity has done their Works, than to that
done them in their own Times.
Children reflect Glory upon their Parents; Cities,
upon their Founders; Laws, upon their Enactors ;
Arts, upon their Inventors; and Inftitutions, upon
their Authors. Thus, Numa is celebrated for fixing
the Worſhip of the Gods, and the Conful Publicola
for being the firſt who lower'd his Fafces to the Ma-
jefty of the People.
The fame Order, but by Inverfion, is obferved,
when Reproach is the Subject of the Oration. Ma-
ny have been difgraced by the Meannefs of their
Blood, while Vice has render'd the Nobility of others
only more confpicuously defpicable, and more emi-
nently hated. The Miſchiefs that fome are to com-
mit, as was the Cafe of Paris, have been forefcen,
and foretold; and fome have fallen into Contempt,
as Therfites and Irus are fuppofed to have done, by
the Defects and Deformities of their Perfons. Others
have, by their Vices, diſgraced the Beauties given
them by Nature. Thus Nireus is reprefented, by the
Poets, as a Coward, and Plifthines as a Profitute.
The Vices of the Mind are as numerous as its Vir-
2
tues ;
172 M. FABIUS QUINCTILIANUS BOOK III.
$
1
tues; and Difpraife, as well as Praife, may be repre-
fented in two Manners. Ignominy follows fome Men,
even after Life. Thus, the Houfe of Melius, when
he was dead, was demoliſhed; and none of the Po-
fterity of Marcus Manlius were fuffer'd to carry
their Family's Name. The Parents of wicked Men
are, likewife, Objects of our Deteftation; and it
brings Infamy upon the Founders of States, if they
affemble together any Sect of Men that is pernicious
to the reft of Mankind. Such was the firſt Broach-
er (b) of the Jewish Superftition, and fuch were the
Favourers of the hateful Laws of the Gracchi.
The Authors of any Practice that Pofterity deteſt
are likewife hated, fuch as was that of the luft-
ful Perfian upon a Samian (c) Woman. With regard
to the Living, the Opinion which Mankind enter-
(b) Broacher] Commentators are inclined to believe, that Quin-
tilian here means Fefus Chrift, and his Followers. It is true, Sue-
tonius mentions the Chriflians and the Jews, as being the fame
Sect; but if it is true, what moft Authors believe, that our Au-
thor was intimate in the Family of the Conful Clemens, who was
himſelf a Chriflian, and a Martyr for Chriſtianity, and that he
was charged with the Education of his Sons, it is very unlikely
that he ſhould be fo grofsly ignorant, as he must have been, if, in
this Paffage, he means the Chriftians. I am rather inclined to
think that he means the Jews only, whofe City had been lately
razed by Titus Vefpafian, and who were then held in univerſal De-
teftation. Every one knows, that the Character given of the Ori-
gin of the fews by Tacitus, who was cotemporary with Quinti-
lian, reprefents them in the very Light, in which they are repre-
fented by our Author, as being a People hateful to all the World,
and hating all the World, and the Refuge of all the Scum of the
Earth: "Num primus (fays Tacituş) quifque, ſpretis religionibus pa-
"triis, tributa & pipes illuc congerebat: unde aufte Judæorum
"res. Et quia apud ipfos fides obfinata, mifericordia in promptu,
fed adverfus omnes alios hofile odium. Add to this, that the
Epithet primus feems to characterife Mofes, in Oppofition to Jefus
Chriſt, whoſe Followers were the very reverfe of the Character of
the People mentioned here.
(c) Samian Woman.] Commentators are not agreed upon the
Fac here alluded to, nor is it very material.
tains
BOOK III. His INSTITUTES of Eloquence. 173
tains of them ought to be taken as fufficient Proofs
of their Characters; and their Praiſe, or Reproach,
is juſtified by the public Efteem, or Difefteem, of
their Perfons.
Mean while, Aristotle is of Opinion, that it is very
material an Orator fhould well know the Nature of
the Company, in which he praifes, or difpraiſes.
The Difpofitions of the Hearers, indeed, and the re-
ceived Opinions of the Public, muſt be confefs'd to
be of great Importance, to perfuade them, that the
Virtues, they moſt love, refide in the Subject that is
praiſed; or the Vices, they chiefly hate, in him who
is lafh'd. Thus, an Orator may, beforehand, form
a fhrewd Judgment concerning the Succefs of his
Speech, becauſe it will be no other than a continual ·
chiming in with the favourite Sentiments of his Au-
ditors, who will be charm'd by his Addrefs, which,
however, he ought to adapt, as much as poffible, to
the Purpoſe of his Subject. At Lacedæmon, Learn-
ing was held in nuch leſs Efteem than at Athens;
but the Lacedæmonians excell'd the Athenians in Pa-
tience, and Refolution. Some People account it
virtuous to live by Plunder, others are regulated by
Laws. The Sybarites, perhaps, hated Temperance;
the old Romans held Luxury to be a capital Offence.
Individuals are affected in the fame Manner; the
Speaker is always moft favourably heard, who flat-
ters the Sentiments of his Judge.
Ariftotle lays down another Rule, (I think Cornelius
Celfus has made an outrageous Ufe of it) That we
ought to take Advantage of that Affinity of Words,
which arifes from an Affinity that fubfifts between
certain Virtues and Vices. Thus, we call Rafhnefs,
Courage; Profufion, Liberality; and Avarice, Fru-
gality. This is a Practice, which a true Orator,
3
whom
174 M. FABIUS QUINCTILIANUS BOOK III.
whom I always fuppofe to be a good Man, never
will give into, unleſs he is invited to do it by fome
general Utility, that is to arife from it.
Panegyrics upon Cities are of the fame Nature
with thofe upon Men. Their Founder ftands for
for their Parent; Antiquity gives them as much Re-
verence, as if they were coeval with the Land they
live in. Their Actions are ſubject to Praiſe, or Dif-
praiſe. Now thefe Particulars hold with regard to all
Cities; but fom.e have peculiar Properties, arifing,
for Inftance, from the Situation, or Strength, of the
Place. Their Citizens grace them, as Children do
their Fathers. Their public Works admit of Enco-
miums upon their Dignity, their Utility, their Beau-
ty, and their Founders. Dignity is applicable to
their Temples; Utility, to their Walls; Beauty, and
the Founder, to both. Particular Countries too
admit of Encomiums; thus Cicero prailed Sicily.
Here we muſt endeavour to unite Beauty with Bene-
ficence. Beauty is applicable to their Coafts, their
Plains, their Skies; Beneficence, to the Purity of
their Air, and the Richness of their Soil. There is
likewiſe a general Kind of Panegyric upon Words
and Actions. In fhort, every thing admits of it in
fome Degree, or another. Authors have written En-
comiums upon Sleep, and Death; and fome Phyſi-
cians have written the Praiſes of certain Kinds of
Food. Upon the whole, therefore, as I did not ad-
mit this panegyrical Kind could be exerciſed upon
no other Object but Virtue, I think it falls into the
Diviſion of Quality; nay, all the three States I have
inentioned, may be there united; and Cicero has ob-
ferved, that Cæfar did unite them all in his Invective
againſt Cato. The Whole of it, however, has fome-
thing in it reſembling the deliberative Kind, becaufe
what
BOOK III. His INSTITUTES of Eloquence. 175
what is Praiſe in the one, operates, as Perfuafive, in
the other.
CHAP. VIII.
CONCERNING DEBATE, BEING THE PERSUASIVE OR
DELIBERATIVe Kind.
That Utility is not its only Object -How it ought to fes
out, and proceed-Three Points to be confider'd in Per-
fuafion; first, the Subject; fecondly, the Audience;
thirdly, the Speaker-Concerning Declamations in the
deliberative Kind-Of the Style required to perfuade.
ITS
T is furpriſing, that the deliberative Kind of
Speaking fhould, by fome, be confined to Utility
only. If there is any one Point to which it ought
to be confined, I am, with Cicero, of Opinion, that
the chief Province of this Kind is Dignity. I make
no Doubt, that they who are of the other Opinion
will plead that fpecious Sentiment of the Stoics, which
holds nothing to be profitable, that is not virtuous.
This Doctrine would be indifputable, were every Af-
fembly, where a Debate happens, made up of Men
of Wiſdom and Virtue. But the Ignorant, eſpecially
the People before whom we are obliged to plead,
confift of an undifcerning Multitude; and therefore
we are obliged to treat of Virtue, and Utility, as be-
ing ſeparate Qualities, that we may accommodate
ourſelves to their vulgar Notions. For fome amongſt
them are perfuaded, that a Thing may be virtuous,
and yet fall fhort in point of Utility; while others
approve of what is indifputably difhoneft, becauſe it
is recommended by Utility: For Inftance, the Nu-
mantine
176 M. FABIUS QUINCTILIANUS Book III.
mantine League, and the Difgrace of our Armies at
Caudinum.
Nay, the Kind I now treat of is not even compre-
hended under the State of Quality, which I men-
tioned, the particular Province of which is to treat
of what is virtuous, and what is profitable. For,
very often, a doubtful Matter may be ftarted out of
that Head, and fometimes a Definition may be
needful to clear up the Queftion; fometimes a knot-
ty Point of Law may arife, efpecially if the Bufineſs
is of a private Nature, and turns upon its Legality,
or Illegality. I fhall foon fully treat of Matters of
Doubt and Conjecture; but, with regard to Defini-
tions, we have an Inftance of one in Demofthenes;
Whether Philip Should make them a Preſent of, or give
them back, the Island of Halonnefus? We have ano-
ther in Cicero's Philippics, when he defines the Diffe
rence between a War and an Alarm (a). Nay, farther,
is not the Queſtion ariſing from the Statue of Servius
Sulpitius of kin to thoſe handled at the Bar, when he
difputes, Whether Statues are to be erected to thofe (b)
only, who perish in their Embaffies by a violent Death?
There-
(a) Alarm.] Orig. Tumultus. M. Antony having provoked the
Senate to break with him, a Debate aroſe in it, whether they
fhould declare the Hoftilities they were to enter into, a Bellum, or
a Tumultus; a War, or an Alarm. Cicero was for the former.
(b) Orig. Non illa fimilis judicialium quæftio de flatua Servii Sul-
pitii, an iis demum ponenda fit, qui in legatione ferro funt interemti?]
I am inclined to fufpect this Reading. which I fhould like better,
if, inſlead of demum, we were to read folum. The Cafe was this:
Servius Sulpitius, when he was very much indifpofed, and pretty
aged, was fent, in the Winter-time, upon an Embaſſy to Marc An-
zony, in which he died. Panfa made a Motion in the Senate for
decreeing fome fpecial Honour to his Memory; and Publius Servi-
lius, being asked his Opinion, gave it for a Tomb to be erected for
him, but not a Statue, becauſe the Romans erected Statues only to
thoſe who were kill'd upon their Embaffies. Cicero, who ſpoke af-
ter him, was of a different Opinion, becaufe he thought that Sul-
pitius was as much kill'd by his Embay, as if he had fallen by
the Sword; and the Queftion was carried for his Opinion.
BOOK III. His INSTITUTES of Eloquence.
17yaj
Therefore the deliberative, or, which is the ſame
Thing, the perfuafive, Kind, (as in the two Cafes I
laſt mentioned) in deliberating upon future Meaſures,
reviews the paſt. It confifts of two Purpoſes, Per-
fuafion and Diffuafion. It does not always require
fo formal an Introduction as Pleadings upon Mat-
ters of Law do; becaufe, whoever applies for Ad-
vice, (c) is fuppofed to be willing to take it. It
ought, however, to begin with fome Kind of an In-
troduction, without breaking into the Subject in a
random, fanciful, Manner; becauſe, in all Subjects,
there is fomewhat which the Nature of the Thing
points out to ftand firſt.
When we ſpeak before the Senate, or an Affem-
bly of the People, we are to obferve the fame Me-
thod as at the Bar, by endeavouring to prepoffefs a
Majority of the Hearers in our Favour. This is
done even in Panegyrics, when we aim at Praiſe on-
ly, and not Profit. It is true, Ariftotle, with fome
Reaſon, thinks that we may often borrow fo much
from the Manner of the Bar, as to introduce our
Speech from fomewhat relating to our own Perfon,
or that of him who differs with us in the Debate;
fometimes by exaggerating, fometimes by dimi-
nishing, the Importance of a Matter. In Argu-
ments of a demonftrative Nature, chiefly, he allows
(c) Advice] I fhall not take up my Reader's Time in proving
that the English Words, Deliberation, Demenfiration, Counsel, and
feveral others I could name, have fometimes very different Ideas
annexed to them, from what the fame Words in the Latin import.
Suafio, for Inftance, or fuadere, I have tranflated Perfuafion, as be-
ing the most general Word, and, therefore, the fafelt I could hit
upon; but it is plain, from this Paffage, that, by it, cur Author
means advising, or counselling. I am farther to obferve, that, pro-
perly fpeaking, the Deliberation, which he mentions here, fome-
times fignifies what we call Debate, that is, when an Equal ſpeaks
to his Equals.
N
more
178 M. FABIUS QUINCTILIANUS BOOK III.
more Latitude for the Introduction, which he thinks
may be wide of the Subject; as was the Practice of
Ifocrates, when he celebrated the Praiſes of Helen.
He is likewife of opinion, that it may relate to a
Subject which borders upon our own; as when the
fame Orator, in the fame Panegyric, complains, that
the World pays more Honours to the Beauties of the
Body, than thofe of the Mind. And Gorgias, in his
Olympic Oration, praifes the Founders of that Meet-
ing Salluft (d) feems to have followed this Man-
ner, for his Introductions to his Catilinarian and Jugur-
thine Wars have no Relation to his Hiftory. But, I now
return to the perfuafive, or advifing, Part, in which
the Introduction, if we make ufe of any, fhould be
fhort, and we ſhould confine ourſelves to the marking
it with an Initial, or a bare Commencement.
#
As to ſtating the Cafe, which I call the Narration,
there feldom is Occafion for that in a Matter of pri-
vate Debate, becauſe every one prefent is acquainted
with the Subject under Confideration. Many Parti-
culars, however, not intimately connected with the
Subject, may be neceffary to be explained.
Speeches belore Affemblies of the People, it is ge-
In
(d) Selluft] Our Author fems to leave it a little doubt-
fal, whether Salluft is juftifiable in this Practice I think, he is
not; and, I dare to fay, Cic would have thought the fame
thing. "The Beginning, fays he, (De Oratore, 1 ii. c. 80)
ought to be fo connected with the fabfcquent Part of a Speech,
"as not to appear ike the Flufh of a Mufician, a 1 hing dc-
"tarhed, but like a proportionable Member, of a piece with the
"whole Body. For fome People, after they have difpatched this
"premeditated Part, make fuch a Tranfition to the rest of their
"Lifcourfe tha they feem to demand, that the Audience should
"fuit themfelves to their Fancies. An Orator, then, ought to
"treit a Prelude, not as the S mites do their Spears, which they
"brand fh befo e they encounter, though they do not uſe them in
the Fight; for he ought to fight arm'd with the very Sentiments
"he ufed in his Pre.ude."
nerally
BOOK III. His INSTITUTES of Eloquence. 179
nerally neceffary to give a circumftantial Detail of
the Affair, fo as to move their Paffions, which is the
great Point to be confider'd in fuch Affemblies. (e)
In order to do this, we are frequently to roufe, and
to calm, their Refentments; we are to work upon
their Fears, their Wiſhes, their Hatred, and to touch
every Spring of their Paffions. Sometimes we may
have Occafion to awaken their Compaffion; when
we endeavour, for Inftance, to perfuade them to fend
Relief to a City that is befieged, or when we deplore
the Ruin of a State in Alliance with Rome.
Now, Authority has a great Influenee upon public
Deliberations. The Man who endeavours to bring
over all Mankind to his Opinion, in every Confider-
ation that is either profitable or virtuous, fhould en-
deavour to excel all others in the Characters of Wif-
dom and Goodneſs. In judiciary Matters, an Ora-
tor is commonly allowed fome Indulgence for his own
private Affections; but in public Queſtions, all he
fays is fuppofed to be influenced by nothing but the
public Good, and his own Confcience.
Many Greek Writers, indeed, have confider'd all
the deliberative Divifion of Rhetoric to belong to
public Harangues, and have confined it, nearly, to
Matters of Government. Cicero himself is of that
Opinion, and he recommends the Study of two Par-
ticulars, namely, the Strength, and the Morals, of a
State, to all who are about to ſpeak concerning Peace,
War, Wealth, public Works, and Revenues; that the
Speaker's Arts of Perfuafion may be derived from an
intimate Acquaintance, not only with the very
Things he fpeaks of, but with the Character of his
Hearers. I am for giving a larger Scope to the
(e) The Original here is very doubtful, but the Meaning feems
to be as I have exprefled it.
N 2
Practice
180 M. FABIUS QUINCTILIANUS BOOK III.
Practice of Eloquence, becauſe of the vaft Variety,
both of Subjects and Perfons, that public Delibera-
tions admit of.
In perfuading, or diffuading, therefore, three Things
are chiefly to be confider'd; the Subject of the
Deliberation, the Character of thofe who deliberate,
and that of the Perfon who ſpeaks.
As to the Subject of the Deliberation, we are to
fuppofe it either practicable, or not practicable; if it
is impracticable, the whole, or the chief, Strefs of
the Reaſoning ought to turn upon that. For it often
happens, that we firft enquire whether a Meaſure is
proper, fuppofing it practicable; and then we prove
it to be impracticable. But, when the laſt is our Bu-
finefs, the State of the Queftion becomes conjectural.
For Inftance, Whether it is practicable to cut through
the Corinthian Iftkmus? To drain the Pontinian Fens?
To make a Harbour at Oftia? Or whether Alexander
could find another World beyond the Ocean? But fome-
times a Matter, that we know to be practicable, may
turn upon Conjecture. For Inftance, Whether the
Romans can conquer the Carthaginians? Whether Han-
nibal will return? Whether Scipio fhould carry over
his Army to Africa? And, Whether the Samnites will
continue in their Allegiance, if the Romans fhall lay down
their Arms? Certain Events are not only poffible,
but probable; and then the Queftion will turn upon
the Difference of Time, Place, and Manner.
When there is no Room for Conjecture, other
Confiderations fall in our Way. In the firft Place,
we examine into the Nature of the Affair itſelf in
queftion, or how it is circumftanced and attended.
For Inftance, when the Senate debates, Whether it
fball vote a fixed Pay for the Army? Here, the Nature
of the Meaſure, abſtracted from all other Confidera-
2
+
tions,
BOOK III.
His INSTITUTES of Eloquence. 181
tions, is the Point to be debated. With regard to
Circumftances, they are of two Kinds; whether a
Meaſure ought to be follow'd; for Inftance, Whether
the Senate is to give up the Fabii to the Gauls, who
threaten to make war? Or, whether a Meaſure is not
to be purſued; as when Cæfar deliberates, Whether he
ought to march against the Germans with his Army, who
are fo difpirited, that the Soldiers are making their
Teftaments? Here, each Meaſure to be debated admits
of a double Confideration. In the firſt Inſtance, we
are to confider the Threats of the Gauls, and then an-
other Confideration arifes, whether the three Perfons
fent in the Character of Ambaſſadors, ought to be
delivered up, for having, against the Law of Nations,
enter'd upon Hoftilities, and kill'd the Prince, with
whom they were commiffioned to treat. With re-
gard to the other Inftance, the fingle Point of Con-
fideration with Cæfar is, doubtless, the Confternation
of his Soldiers, and yet, beſides this, it is poffible a
Confideration may arife, Whether he ought to carry an
Army into Germany. For we always fpeak first to
the Point that is in Queſtion, abftracted from all Cir-
cumſtances attending it.
Some Writers have divided perfuafive Confidera-
tions under three Heads; thofe of Virtue, Utility,
and Neceffity. As to the laft, I think it improperly
introduced. For when we are under Compulfion,
we poffibly may be under a Neceffity of fuffering
fomewhat, but we can be under none of acting.
Now the fingle Point of our Deliberation is Action.
But if we are to give the Term of Neceffity to that
State in which Men are placed, thro' the Fear of fuf-
fering fomewhat that is more dreadful; then the
Confideration will turn upon Utility. For Inftance,
When a Handful of Men are befieged by a great Army,
N 3
and
182 M. FABIUS QUINCTILIANUS
BOOK III.
and are diftreffed both for Food and Water, they deliberate
about furrendering the Place. This you call Neceffity,
becauſe, they muft either do it, or they muft periſh,
But this very Alternative fhows, that it is not Ne-
ceffity, becauſe they have it in their Option to perifh.
Have we not the Inftance of the Saguntines, who
choſe to perish rather than furrender, and the Opiter-
ginians, who rather than yield to their Enemies, put
each other to death on board their Ships. In all
fuch Cafes, therefore, the fole Confideration is Utility
only, or elſe it lies between Utility and Virtue.
Suppofing a Man wants to have Children to inherit
his Eſtate, would he not be under a Neceffity of
marrying? Doubtlefs he would. But there can be
no Confideration here, becaufe fuch a Man has no
Alternative, and will be under a Neceffity of marry-
ing. Therefore, in a Cafe of Neceffity, there is no
room for deliberating, any more than there is in a
Cafe of Impoflibility. For all Deliberation implies
Doubt; if therefore there is a third Head of Perfua-
fion, I fhall chufe to call it that of Poffibility, which
is indeed an uncouth Term, but is the only one I can
think of.
There is no room for me to fhow, that every Cafe
of Deliberation does not admit of all thefe three
Parts, yet moft Writers increaſe their Number, by
reckoning Things as Parts, which are only Subdi-
vifions of Parts. For Right, Juftice, Piety, Equity,
Clemency, and other Virtues of the fame Kind, come
under the Head of Honefty. In like manner, under
the Head of Utility, we debate whether a Meaſure
is practicable, great, agreeable, or fafe; all which
Confiderations are Matters fubject to be debated.
Such a Meaſure is profitable, but we are to confider
at
BOOK III. His INSTITUTES of Eloquence. 183
at the fame time, whether it is not difficult, mean-
ſpirited, diſagreeable, or hazardous?
Mean while, fome are of Opinion for fometimes
making the Agreeableneſs of a Meafure a Head by
itſelf. For Inftance, when the building of a Theatre,
or inftituting public Diverfions, comes under Con-
fideration. But I cannot fuppofe any Perfon to be
fo abandon'd to Luxury, as to think that Pleaſure
can ever be the fole Buſineſs of Perfuafion. Some-
what of more Importance must neceffarily introduce
the Speech; the Honour of the Gods is a fufficient
Reafon for inftituting Plays; public Diverfions ad-
mit of Apology from the Benefit of Relaxation from
Toil; for the Advantage of more decent and conve-
nient Accommodations for the People, in order to
prevent Broils and Uproars; while, at the fame time,
Religion too mixes in the Confideration, fince we
may call a Theatre the Temple as it were of the
Feſtivals there celebrated.
Now it often falls in our way to recommend a
Contempt of Profit in favour of Virtue. For In-
ſtance; were we to advife the Opiterginians I have al-
ready mentioned, not to furrender themſelves to their
Enemies, tho' certain Death is the Confequence, if
they do not. We fometimes may have Occafion to
prefer a profitable, to a noble, Meafure. For Inftance,
were we, as happened in the Punic War, to per-
fuade our Countrymen to arm their Slaves for their
Defence. But here, we are not to fhock their Ears,
with a downright Avowal of the Dishonour of this
Meaſure; for we can palliate it by pleading, that
Nature has made every Man a Freeman; that all
Mankind is compofed of the fame Materials, and
who knows, Slaves as they are, whether they are not
defcended of noble Anceſtors? Where the Danger
N 4
cannot
184 M. FABIUS QUINCTILIANUS BOOK III.
cannot be palliated, we are to throw in other Con-
fiderations; fuch as, that if the Citizens of Opiter-
gium fhall furrender themfelves, they muſt perifh by
a more cruel Death, either by their Enemies break-
ing the Capitulation, or (which is moſt probable) by
Cæfar remaining victorious.
But when two Meaſures feem very averfe to each
other, the beſt Way is to make ufe of fuch Terms as
may incline them to fome feeming Reconciliation.
Utility may be exploded upon the Principles of thoſe
who not only prefer Virtue to Utility, but deny that
Utility can exiſt without Virtue. On the other hand,
what we term Virtue, others term (more plaufibly,
than truly, indeed) Vanity, Ambition and Folly. Be-
fides, the Oppofition of Utility to Inutility, one U-
tility may be oppos'd to another, and one Inutility
to another, that our Choice may be determin'd by
the greater Good in the one, and the fmaller Evil in
the other. Nay, this Manner may ftill be enlarg'd
to our View, for three Points of Deliberation inay
arife. Thus, Pompey deliberated whether he fhould fly
to Parthia, Africa, or Egypt. Here, the Queſtion
is not, Which is the better of the two, but, What is
the beſt of three Meaſures? The fame holds of the
oppofite Confideration,
In Deliberations of this Kind, we can have no
Doubt of a Meaſure that appears abfolutely in our
Favour. For where that is the Cafe, the Confidera-
tion of one Meaſure cannot contradict the other, and
as there is no room for Doubt, there can be none for
Deliberation. Upon the whole therefore, the Bufi-
nefs of Perfuafion lies almoft wholly in comparing
one Circumftance with another. Sometimes we are
to confider the Purpoſe we aim at, and the Means of
obtaining it, fo as to form an Eftimate whether there
is
BOOK III. His INSTITUTES of Eloquence. 185
is more Utility in our compaffing the End, than
there is Danger in our purſuing the Means. Some-
times a Confideration of Utility may introduce a
Confideration of the Juncture. The Meafure, for In-
ftance, may be proper, but the Juncture improper. A
Confideration of Place too may arife; This is no proper
Place for fuch a Meaſure. Perfons too are to be con-
fidered, Such a Thing is improper for me. I am not to
oppofe fuch a one. We may fay the fame of the Man-
ner, and of the Proportions, Such a Manner is im-
proper-Such an Excefs may be dangerous.
But we often have Occafion to confult what beſt
becomes Perfons; a material Confideration! both
with regard to the Man who confults, and the Man
who is confulted. Therefore, tho' Precedents have
great Weight in determining our Deliberations, be-
cauſe Mankind are very readily won over to a
Meaſure, by having an Exampie before their Eyes
of the fame Kind, yet ought we carefully to examine
the Characters of the Parties, both in the Example,
and the Application of it. The fame Meaſures may
fall under the Deliberation of Men very differently
difpofed, and different Circumftances may attend
them. The Parties may deliberate either in a col-
lective Capacity, or as Individuals. When in the
former, it is of great Confequence whether the Se-
nate or the People is to deliberate, whether the Ro-
mans, or the Fidenates, the Greeks or the Barbarians :
When the latter, whether we are to perfuade a Cato
or a Marius to ſtand for public Employments; whe-
ther in military Matters we are to follow the Advice
of a Scipio or a Fabius. Next, we are to regard the
Sex, the Dignity, and the Age of Parties, but the
moft material Difference confifts in their Difpo-
fitions.
Now
186
M. FABIUS QUINCTILIANUS Book III.
Now there is no Difficulty in perfuading the Vir-
tuous to follow virtuous Meafures. But if we are to
plead for fuch Meaſures before Men of abandon'd
Principles, we are carefully to avoid all Appearance
of reproaching them for the Contrariety that there is
between the Meaſures and their Character. For we
are not then to think of winning their Affent by ex-
patiating upon the Beauty of Virtue, which never
comes into the Thoughts of fuch Men; but we are
to work upon them by the Glory and the Popularity
that will attend their purſuing fuch a Meaſure; and,
if they look upon thoſe but as empty Sounds, we are
then to lay before them the great Profit which will
thereby ariſe to themſelves, and to magnify the
Dangers, which may attend their doing otherwiſe.
For the more worthlefs a Man is, the more fufcep-
tible he is of Fear; nay, I am not fure whether the
Generality of Mankind are not more influenced by
the Dread of Danger, than the Hope of Advantage;
fo much more eafily and naturally is Mankind in ge-
neral ſtruck with the Notion of what is mean, than
of what is noble.
We are ſometimes likewife employed in perfuading
even worthy Men to Meaſures that are not quite cre-
ditable (a), and in giving Counfels, that are merely
intereſted, to Men of but very indifferent Morals.
I am well aware what Reflection the Reader may be
ready to make upon this Paffage. Do you, Quin-
tilian, then recommend fuch a Practice? Do you
(a) Creditable) I am fomewhat of the Opinion of Turnebus,
that the Practice here mentioned is not very confiftent with the
Character our Author gives of a good Orator, who, he fays,
ought to be a Man of Virtue, At the fame time we are to reflect
that Quintilian is no Stoic, and therefore he might confiftently
enough with himſelf think, that a partial Evil might be indulged,
in order to obtain a general Good.
think
BOOK III. His INSTITUTES of Eloquence.
187
for
think it defenfible? Here I will make ufe of Cicero's
Words, in his Epiftle to Brutus, in which he men-
tions many Propofitions, which any Man of Virtue
might have made to Cæfar; "Shall I, fays Cicero(b),
"act up to the Character of a good Man, if I coun-
″
"fel Cæfar to fuch Meaſures? I fhall not;
<6 every Man who counfels another ought to have
nothing in his Eye, but the Utility of the Party
"who confults him. But thofe Meaſures are right
"in themſelves. No doubt they are. But where Per-
"fuafion is the only Aim, Rectitude does not al-
ways fall under our Deliberation." But as this is
a Matter of great Importance, and reaches farther
than my preſent Subject, which is that of Perfuafion,
I have given it a Place in the twelfth, which is the
laft, Book of this Treatife.
(C
(f
Mean while, I am not for having any thing done
in a fcandalous Manner. But thefe, are Queſtions of
a moral Kind, and they may be difcuffed in Schools,
and become imaginary Themes of Declamation. Yet
ftill we ought to be acquainted with the Ways of
the Wicked, that we may the better know how to
perfevere in thoſe of the Virtuous.
(b) As this Epistle of Cicero to Brutus is now loft, it is difficult,
if not impoffible, to aſcertain which are the Words of Cicero, and
which of Quintilian in this Paffage. 1 follow the Edition of Stc-
phanus, printed at Paris, 1542, which I think to be of the greatest
Authority; Burman, and the rest of the Dutch Commentators,
which is generally the Cafe when there is any Difficulty, not fay-
ing a Word of the Matter. There is in the ; Epitt. 1. 7. of Ci-
cero's Epiftles to Articus, an Expreffion which might be a great deal
to our Author's Purpoſe, for he there fays, That in a Council
held by the Confuls and other Senators, to deliberate upon the
Meaſures they were to take, in regard to Cæfer, Cato him elf de-
clared, that he thought it much better to ſubmit to Cæſar, than to
fight with him. Cato, fays he, enim pse jam fervue, quam pugnare
mavult.
Upon the whole however, I am inclined to believe, that
the Cafar mentioned here by Quintilia", is not Yulius, but Au-
guflus Cæfar, nor do I remember that this Paffage has ever been
confider'd by Dr. Middleton, or any of Cicero's Apologifts.
It
188 M. FABIUS QUINCTILIANUS BOOK III.
It is proper however that I ſhould here caution my
Reader, when he wants to perfuade a good Man to
an immoral Action, not to imitate certain Declaimers
who adviſed Sextus Pompeius to turn Pirate, merely
becauſe the Profeffion was profligate and cruel. No,
he never is to recommend a Meaſure as being im-
moral; nay he is to palliate the moſt diſagreeable
Propoſal with the Colour of Virtue, even when he
has to do with wicked Men. For no Man is fo
wicked as to wish to appear wicked. Thus Salluft
introduces Catiline himſelf, declaring that he was
prompted to the Enterpriſe he had attempted, "not
by Wickedneſs, but by Reſentment." Thus Varius
makes Atreus fay,
Not from my Choice, the Ills I att proceed,
For dire Neceffity compels the Deed.
Now, while Men are tender of their Characters, they
ought to be ſtill more careful of a decent Appear-
ance. Therefore, were we to counfel a Cicero to
apply to Antony for Pardon, or to embrace the Terms
of Life that Antony offer'd him, by burning his Phi-
lippics, we are not to mention the Fear of Death as
a Motive for his Compliance; for if he is impreſs'd
with fuch a Fear, it will operate without our fuggeft-
ing it; but we are to conjure him to preſerve his
Life for the Service of his Country. Such is the
Requeft that gives him the faireft Apology for fuch a
Compliance, nor will he bluſh to live upon fuch
Terms. In like manner, were we to perfuade a Ca-
far to feize the Sovereignty of his Country, we are
to affirm that he must be ruin'd under any
other
Form of Government. For when a Man deliberates
upon executing a wicked Meafure, his fole Confide-
ration
BOOK III. His INSTITUTES of Eloquence. 189
ration is, how he may beſt palliate his Wickedneſs to
the Eyes of the World.
The Character of the Perfon who counfels, is like-
wife of great Importance. Becauſe he can claim Re-
gard to the former Part of his Life, if it has been
ſpent with Honour; to his Blood, if it is noble; to
his Age, if it is venerable; to his Fortune, if it is
illuftrious. Where fuch is the Cafe, he will take
care to make his Sentiments correfpond with his
Character. If all thofe Confiderations are the Re-
verſe of what I mention, he will ſpeak in a more
fubmiffive Manner. For what is becoming Freedom
in the one, is difagreeable Impertinence in the other;
the former is refpectable by his Authority, and the
other ſcarce tolerable with all his Abilities.
I think it is very difficult to execute to Advantage,
Speeches in affumed Characters, becauſe that Per-
fon who does it, is obliged to fuit himſelf to the
Character, as well as his Pleading to the Rules of
Eloquence. The Characters of Cæfar, of Cicero, and
of Cato, require to be fupported in quite different
Manners, becauſe each of them has a different Man-
ner of perfuading. Now, this Exercife is of the moſt
uſeful Nature, both becauſe it forms us to a double
Perfection, and becauſe it is of the greateſt Service
to Poets, and future Hiftorians; nay, in an Orator
it is indifpenfable. Becauſe many Orations have been
compos'd both by the Greeks and Latins, which have
been deliver'd by others than their Authors, and
which were accommodated to the Station and Cir-
cumftances of Life of thoſe who ſpoke them.
Did Cicero (c) exprefs the fame Sentiments, or af
fume the fame Character, when he wrote for Pompey,
as
(c) Cicero) Several Circumftances in Cicero's private Hiſtory
mention his compofing Speeches for others. See his Epiftles to
Atticus,
190 M. FABIUS QUINCTILIANUS BOOK III.
as he did when he wrote for Appius, and other Noble-
men? Did he not fuit himfelf to each one's Fortune,
Dignity and Exploits? Did he not give to theſe a
Language, that made them more than fpeak, by pre-
fenting them to our Eyes as Realities? So that tho'
he made his Friends fpeak better than they could
have done, yet ftill he never fuffer'd them to depart
from their own Character; for his Compofition ap-
pear❜d to be theirs. A Deviation from the Character
we affume, is as blameable in a Speech, as is a Devia-
tion from the Purpoſe, and the Fact, to which we
fpeak. Lyfias therefore is celebrated for the Propri-
ety with which he accommodated himſelf to the Cha-
racters of illiterate Perfons, when they were to de-
liver Orations of his compofing.
Upon the whole, therefore, it ought to be a main
Confideration with thoſe who declaim, to fuit them;
felves to the Character they affume. Very few Cafes
happen in which a Declaimer is oblig'd to ſpeak as
an Advocate; they generally fpeak in the Charac-
ters of Sons, rich Fathers, four old Men, or in the
Characters of Gentlenefs, Avarice, Superftition, Fear,
or Flouting; fo that Comedians, when acting upon
the Stage, have fcarcely more Parts to fuftain,
than Orators have in Declaiming. All fuch Parts
may be called Profopcpaia, which I rank as a Sub-
divifion of the perſuaſive Part, becauſe there is no
Dif-
Atticus, L. 13. Letters 37 and 48; but I do not recollect that he
ever compos'd any for Pompey, who was himſelf no mean Orator.
Mean while there is Reaſon to believe, from the many Difgufts he
had with Pompy, which he expreffes without any Referve, that if
he had compofed any Speeches which Pompey deliver'd, he would
not have been backward in throwing that Circumſtance into the
mighty Sum of Ingratitude with which he fo often taxes that great
Man. Quintilian, in this Paffage therefore, perhaps points at the
Óration for the Manilian Law, and the other Orations, in which
he celebrate, Pompey's Praiſes, and draws his Character,
Book III. His INSTITUTES of Eloquence. 191
Difference between them, but in the affumed Cha-
racter.
Hiſtorical Facts (d) however, fometimes are agi-
tated under feal Names, by way of Profopopaia. I am
likewife fenfible that hiftorical and poetical Themes
are fet by way of Exercife to young Gentlemen ;
for Inſtance, the Speech of Priam when he fupplicates
Achilles, or the Example of Sylla refigning the Dic-
tatorſhip before an Affembly of the People. All
theſe, however, may be reduc'd into the three Divi-
fions of Caufes, which I have already laid down.
For we uſe to rank the Bufinefs of intreating, de-
claring, rendering an Account, and the other Cir-
cumſtances I have already mention'd, under the ju-
dicial, the deliberative, or the demonftrative Head,
without any fix'd Rule, other than the Nature of the
Cafe requir'd. Very often, however, we introduce a
fictitious Character which we ourſelves affume and
organize. Thus Cicero in his pleading for Cælius, in-
troduces Cæcus Appius reproaching Clodia; and her Bro-
ther Clodius talking coolly with her upon the Sub-
ject of their Amours.
Sometimes in Schools, Matters of Debate are laid
down, that approach more to the controverfial, than
the deliberative, Manner, but partake of both. Thus,
in the Prefence of Cafar it was debated whether Theo-
dotus (e) fhould be punish'd. Now this Confultation
confifts of an Accufation and Defence, which is the
Property of Cauſes of Controverfy at the Bar. A
Confideration of Intereft likewife mingles with it,
Whether
(d) Facts) I have here tranflated the Original, tho' it is o-
mitted in Mr. Rollin's Edition, for I think without it the Senfe
muft be incomplete to an Englub Reader
(e) Theodotus) He was Tutor to young Ptolemy King of Egypt,
and perfuaded him to put Pompey to death.
192 M. FABIUS QUINCTILIANUS BOOK III.
Whether Pompey's Death would ferve Cæfar? Whe-
ther, if Theodotus was kill'd, Cæfar had any Reaſon to
be afraid of a War with Ptolemy? Whether fuch a
War, at Juch a functure, would not be extremely em
barraffing, dangerous, and inevitably tedious? Moral
Confiderations likewife arife upon this Subject. Whe-
ther it was proper for Cæfar to revenge Pompey's Mur-
der? Whether it was not to be apprehended that Cæfar
would injure the Credit of his own Caufe, if by his Con-
duct he should confefs that Pompey did not deferve to die?
Now all this Kind of Reafoning is applicable even in
real Life.
Moſt Part of Declaimers, however, have, with Re-
gard to this perfuafive Part, been under a capital
Miftake, by imagining, that when they treat fuch
Subjects, their Manner of handling them ought to be
the very reverſe of what they practiſe at the Bar.
From this Miſtake, their Beginning is abrupt, their
Stile always ferinented, their Language bedizen'd, as
they call it, with Flowers; and the Notes they take
when they ſpeak in this Manner, are more ſcanty than
when they ſpeak upon a real Caufe at the Bar.
In Subjects therefore that require Perfuafion, I have
already given my Reafons why they may fometimes
diſpenſe with a formal Preamble; but at the fame
time, when a Preamble is introduced, I fee no Rea-
fon for always filling it with Fire and Fury. An O.
rator, if he is a Man of Senfe, when he is required
to ſpeak, his Sentiments upon a Matter of Confe-
quence, does not fet out with tearing his Lungs; but
by a calm, a modeft, and a difpaffionate Manner, he
does all he can to win the Affent of all who hear him,
to what he fays. Why fhould a Speaker, under fuch
Circumſtances, be always foaming along in a Tor-
rent? Why should his Language be always ftiff and
flately,
Book III. His INSTITUTES of Eloquence. 193
ſtately, when the very Nature of his Buſineſs chiefly
requires, that he ſhould exert himſelf with Modefty
and good Senfe? I am aware that in Pleadings at
the Bar, the Fire and Force of Diction ought gene-
rally to fubfide in opening the Speech, in ftating the
Cafe, and forming the Conclufion; and when thoſe
Qualities are concealed, the Manner becomes then
pretty much the fame with that required in perfuad-
ing; yet ſtill that Manner ought to be more even
and gentle, inſtead of being more ftormy and fu-
rious.
A Declaimer, when he wants to perfuade, is not
then, more than at other Times, to hunt after the
Pomp of Expreffion; but the Truth is, it will fall
then more in his Way, than at other Times. For, in
fictitious Caufes, we generally make choice of pom-
pous Characters, fuch as of Kings, Princes, Peo-
ple, Senates. The Things, too, we chuſe to ſpeak
upon, are more magnificent; fo that, if our Style
equals the Subject, they affume, a Splendor from the
Richness of their Materials. The Cafe is different
with regard to real Subjects. Theophraftus is there-
fore of opinion, that, in all Pleadings of the delibe-
rative Sort, the Style ought to be as void of Af-
fectation as poffible; and, though he made no Scru
ple to differ often in Sentiments from his Mafter,
yet he followed him in this. For, Ariftotle thought,
that, in Compofitions, the demonftrative Style was
moft proper, and next to that the judiciary; becauſe
the former is formed for Oftentation; but the judicial
Part requires Art, even in order to impofe upon the
Underſtanding, in cafe the Intereft of a Party ſhould
demand it. But Mcafures ought to refl upon Ho-
nour and Prudence. With regard to the demon-
ftrative Part, I am entirely of his Opinion; and he
O
is
194
M. FABIUS QUINCTILIANUS Book III.
;
ters.
is fupported in it by the Confent of all other Wri
With regard to Trials, however, and Mea-
fures, I think that the Manner of treating them
ought to be accommodated to the Nature of the
Queſtion. For, it is eaſy to perceive, that the Phi-
lippics of Demofthenes are diftinguifhed by the fame
Excellencies that mark the beft Pleadings in Courts
of Juftice. The Opinions that Cicero deliver'd in
the Senate, and his Harangues before the People,
are as rich in Eloquence, as the Speeches he made in
impeaching, or defending, Parties. His Senfe upon
the perſuaſive Branches of Eloquence, as we find it
in his Oratorial Partitions, is, "Now, fays he, all this
"Kind of pleading ought to be plain, but weighty,
" embelliſh'd by Sentiments, but not over-loaded
"with Words." It is generally agreed, that Ex-
amples are never more feaſonably applicable, than
they are upon this Head of deliberating upon public
Meaſures; becauſe the preſent and future commonly re-
flect what is paſt, and Experience, in fome meaſure,
fupplies the Evidence of Reaſon.
As to the Length or Shortnefs of fuch Difcourfes,
they depend not upon the Divifion under which the
Subject falls, but upon its Quality. With regard to
pleading upon Meaſures, the Queftion agitated is ge-
nerally plain and fimple, but Pleadings in a Court
of Juftice often turn upon Points of lefs Confe-
quence.
If any Man fhall chufe, rather than grow grey in
ſtudying the Quibbles of Rhetoricians, to read not
only Orations but Hiftories, he will foon be fenfible
of the Truth of what I advance here; for, in Hi-
ftory, public Debates and Deliberations generally
employ the Powers of perfuading or diffuading. He
will find, in Matters of public Deliberation, Speeches
without
BOOK III. His INSTITUTES of Eloquence.
195
without blunt, abrupt, Beginnings; he will find
Pleadings full of Spirit and Fire; in both Kinds he
will meet with Compofitions in which the Style is
fuited to the Facts; nay, he will meet with Inftances.
where Pleadings in the Courts of Juſtice are more
abridged, than Speeches upon public Meaſures.
In many of fuch Inftances, he will perceive them
free from the Blemishes that generally difgrace our
Declaimers, who coarfely rail againſt their Oppo-
nents, and ſpeak in fuch Terms, as if they were
flying in the Faces of thoſe who hear them; fo that
they appear to be rather fcolding than pleading.
Young Gentlemen ought to apply to themſelves
what I now fay, left they fhould fall into a Manner
of Exerciſe which will be improper when they come
to ſpeak upon real Caufes; and thereby fpend
whole Years upon what they muſt unlearn. In due
Time, if their Friends fhould apply to them for
Advice and Affiftance, if they fhould have occafion
to deliver an Opinion in the Senate, if their Sove-
vereign fhould call upon them for a Confultation,
Experience will then teach them more than they dare
to rifque upon the Strength of Ruies.
CHAP. IX.
CONCERNING AN ORATOR'S PRACTICE AT THE
BAR.
A
S to an Orator's Bufinefs in a Court of Justice,
it is various and extenfive; but, in general, it
confifls of two Duties, that of Attacking, and that of
Repelling; and thefe, according to moft Authors,
0 2
are
196 M. FABIUS QUINCTILIANUS BOOK III.
are managed by means of an Introduction, or Out-
fet; a Stating the Cafe, or a Narrative; the Proof,
or Evidence in fupport of the Cafe; a Refutation of
what is advanced by the oppofite Party; and a Per-
oration, or a Winding-up of the whole. To theſe
fome have added a Partition, a Propofition, and a
Digreffion. As to the two firft, they fall under the
Head of the Proof. But you muſt neceffarily, fay
they, at leaſt propofe what you intend to prove. No
doubt of it; and are you not, neceffarily, to draw
your Conclufion after Proof? Why, therefore, fhould
not the Conclufion, too, be a Head by itſelf, if the
Propofition is? As to Partition, it is no other than
a Species of the Divifion of a Pleading, or Oration,
and it is equally diffufed through the Whole of all
its 'conftituent Parts. As to the Excurfion, or, as
it is more commonly call'd, the Digreffion, if it lofes
Sight of the Point in queftion, it can be no Part
of the Caufe; if it relates to the Point in que-
ftion, it then ferves to ftrengthen, and to embelliſh,
thoſe Parts of the Caufe from whence it digreffed.
For, if whatever relates to a Caufe, is called Part of
a Caufe, why are not Proofs, Compariſons, Maxims,
Paffions, and Examples, termed Parts likewife?
Mean while, I can by no means agree with thofe
Authors, who, with Ariftotle, throw Refutation out
of the Division I have already mentioned, becauſe,
fay they, it is fubordinate to Proof. Now, Proof
cftabliſhes, but Refutation deftroys. Ariftotle, like-
wife, is fomewhat fingular in thinking that the Pro-
pofition, and not the Narrative, ought to fucceed
the Introduction, upon a Suppofition that the Nar-
rative is only a Species of the Propofition; and that
the former is not always, but the latter always, and
in all Caſes, is neceſſary.
1 do
BOOK III. His INSTITUTES of Eloquence. 197
I do not, however, pretend, that a Speaker is to
digeſt, in his own Mind, all the Parts of a Pleading
which I have laid down, in the very fame Order in
which he is to ſpeak them. No, his firſt Buſineſs is
to confider the Nature of his Caufe; upon what
Point it turns; how he can manage it to the beſt
Advantage; and where he may be pinch'd. He
then is to examine, what he is to eſtabliſh, and what
he is to refute. He then is to confider, how the
Cafe is to be ſtated, for the State always introduces
the Proof; and it is neceffary, in order to manage
that to the beſt Advantage, to be fully fenfible of its
whole Extent and Force. A Speaker's laft Bufinefs
is to confider, in what Manner to win over the Af-
fections of the Judges. For, without accurately ex-
amining every Circumftance relative to the Caufe, it
is impoffible for a Pleader to be certain, into what
Difpofition he ought to work his Judge; into Seve-
rity, or Gentleness; into Refentment, or Calmnefs;
into Inflexibility, or Clemency.
I am, however, far from approving of thoſe who
think that the Introduction ought to be the laſt Part
of a Pleading, which an Orator is to compofe. For,
before we begin to fpeak, or to write, we ought to
collect together all our Materials, and to know ex-
actly what Purpofe each is to ferve, in order to begin
with fuch, as we fhall firft have occafion for. No
Painter, or Statuary, paints, or moulds, from the
Feet upwards; neither, in any Art, are we to leave off
where we ought to begin. Yet that must be the
Cafe with the Orator, who does not take time to
compleat the whole Fabric of his Pleading. But,
muſt we not be mifled by fo prepofterous a Practice?
We therefore ought to arrange, in our own Minds,
Q 3
the
198
M. FABIUS QUINCTILIANUS Book III.
the Materials according to the Order I have prefcri-
bed, and to compofe them in the Order we are to de-
liver them.
CHA P. X.
CONCERNING THE DIFFERENT KINDS OF Causes
IN COURTS OF JUSTICE.
I
A M next to obferve, that all Caufes between a
Profecutor and a Defendant confift either of one
or more Facts. The former is call'd a fimple, the
other a complicated, Caufe. A Matter of Theft,
for Inftance, or Adultery, hinging upon a fingle
Fact, conſtitutes a fimple Caufe. An Impeachment
upon Corruption may confift of feveral Facts of the
fame Nature. An Impeachment upon Sacrilege, and
upon Murder at the fame Time, confifts of Facts of
different Natures. Caufes of this complicated Kind
do not now happen in Courts of Juftice, becauſe the
Prætor, or chief Magiftrate, takes Cognizance of
them, according to the Law that is provided in each
Cafe. But fuch Caufes often come before the Sove-
reign and the Senate; and the Time has been, when
they came before the People. Private Caufes ufe to
have a fingle Judge, who determines according to
the feveral Forms and Rules which he has for his
Direction. The Nature of fuch Caufes does not al-
ter by one Man being profecuted by two Perfons
upon the ſame Fact, and for the fame Purpoſe; or
by two being profecuted by one; or by feveral Par-
ties being concerned in the fame Suit, which fome-
times happens in Cafes of Wills and Succeffions.
For, however the Parties may be multiplied, yet the
Nature
Book III. His INSTITUTES of Eloquence. 199
Nature of the Caufe is the fame, unless the Qualities
of the Parties introduce into it fome Specialities.
A third, and a different, Kind of Caufes is called
comparative; and a Caufe may be of fuch a Nature
as to require a Compariſon to be Part of it. For In-
ſtance, after other Points were pleaded before the
Centumviri, the Queftion was agitated, "Which
Party beſt deſerved the Succeffion?" But it feldom
happens, that other public Courts of Juftice try
comparative Caſes fingly, fuch as DIVINATIONS,
which turn upon a Difpute between two Parties,
"Which has a Right to be Profecutor in a Cauſe ?"
Queftions of the comparative Kind often happen be-
tween Informers, "Which Party has deferved the
Reward?"
Some add a fourth Kind of Caufes, that of Coun-
ter Impeachments, or Recriminations; but others
comprehend it under the comparative Kind; as like-
wife the Cafes of Crofs-Bills, which very often hap-
pen, and may be of two Kinds; one, where each
Party accuſes the other of the fame Crime; the other,
where the Crimes alledged by each Party againſt the
other are different. The fame Obfervation holds
with regard to Suits.
Upon the Whole, when we have thoroughly exa-
mined into the Nature of the Caufe, we are then to
confider, whether we are to deny, or to juftify, the
main Matter in queftion; whether it is to be diſtin-
guiſh'd under another Appellation, which will alter
its Quality; or whether it may not be fet afide by
fome Informality in the Procefs. One, or other, of
thefe muft determine the State of a Caufe.
0.4
CHAP.
200
M. FABIUS QUINCTILIANUS Book III.
CHA P. XI.
CONCERNING THE CONSTITUENT PARTS OF A CAUSE.
AVING now determin'd in what Manner to
Η 4
proceed, we are to confider, according to Her-,
magoras, what is the Point to be tried, the Means of
Defence; upon what Principle the Caufe is to be ad-
judged; and, upon what it refts.
to confider it is,
Every Point to be tried is of a general Kind, when
two or more Sides of the Queſtion can be plaufibly
maintained. With regard to judicial Matters, they
are to be conſider'd in two Lights. When the Point
litigated is faid to contain feveral Queſtions, then all
thoſe Queſtions are underſtood to be its Subdivifions;
this is the firft. The fecond Light in which we are
when the Effence of the main Que-
ftion is exprefs'd. It is of this laft I am now to treat,
becauſe it gives rife to the State of the Queftion;
whether a Fact happen'd; what that Fact is, and
whether it is to be juftified. Hermagoras and Apollo-
dorus, and many other Writers, call fuch Matters
Questions. Theodorus calls them, General Heads, and
their Subdivifions, Special Heads.
Now it is agreed by Rhetoricians, that one Quc-
ftion may arife from another, and that a Species it-
felf admits of Subdivifion; the Queftion therefore,
or the Point to be tried, is the chief conſtituent Part
of a Caufe.
The Means confift of the Manner in which the
Charge of an evident Fact is to be defended. I fhall
here bring an Example, for why fhould I feek any
other, fince almoft all Authors have uſed it upon
this Occafion? The Fact is undeniable that Oreftes
kas killed his Mother; the State of the Quality of this
Fact
BOOK III. His INSTITUTES of Eloquence. 201
1
Fact turns upon the Defence he makes, That he did
it justly. The Question arifing from this is, the Ju-
ftice of the Fact: The Means of his Defence are, his
Mother Clytemnestra's having murdered her own Huf-
band, who was the Father of Oreftes. Next, is the
Principle upon which the Caufe is to be adjudg'd, and
that is, the Lawfulneſs of a Son's killing a Mother,
even tho' fhe is criminal.
it
One Cauſe may likewife fpring from another;
thus, from the Caufe of Oreftes' killing his Mother,
may be faid for her, that fhe was juftify'd for kill-
ing her Huſband, becauſe he had facrificed her and
his innocent Daughter, and had introduced into his
Family a Captive, who fhar'd his Bed.
It is likewife poffible that one Queſtion may fug-
geſt ſeveral Means or Arguments for Defence; thus,
Orestes may alledge, his being impelled by the Oracles,
as another Cauſe for killing his Mother. Now every
Means of Defence requires a feparate Principle of
Judging; the Principle required here is, Whether O-
reftes ought to have obey'd thofe Oracles? But in my
Opinion, ſeveral Queſtions and ſeveral Principles of
Judging may belong to one Caufe. Thus, A Man,
after killing his Wife who had defiled his Bed, afterwards
met with the Adulterer, who had eſcaped, and killed him
in the Forum. Here is but one Caufe, and that is,
A Perfon's being an Adulterer. The Queftions and
Principles of Judging arifing upon this are, Whether
it was lawful to kill him at that Time, and in that Place?
But, as when feveral Queſtions ariſe, each of which
requires to be feparately ftated, the State of the
Caufe, to which they all relate, is fill the fame, fo
the Principle of Judging is the Principle which is to
direct the Decifion.
As
202
M. FABIUS QUINCTILIANUS Book III.
As to the fundamental Point, which Cicero terms,
the ſtrongeſt Argument for Defence, and the most proper
for guiding the Judgment, fome think that it ought to
determine the whole Trial; and fome, that it is the
moft folid Ground upon which a Judgment can be
formed.
3
It is not, however, every Cauſe that requires a Fact
to be stated, or accounted for. For when the Fact
is deny'd, how can it be accounted for? But when
the Fact is admitted, and accounted for, fome think
that the Principle of Judging ought to be feparated
from the Queftion, and this is Cicero's Opinion in his
rhetorical Treatifes and his oratorial Partitions. For
where the Cafe refts upon a conjectural Queſtion,
whether a Fact does, or does not, exift, the Principle
of Judging is then the fame with the Queſtion, be-
cauſe the main Queſtion is the decifive Point in the
fame Caufe. But when the Quality of the Fact is
the Point in Difpute, Oreftes, for Inftance, killed his
Mother; can that Fact be justified, or can it not? The
Queſtion here refts upon his Juftification; but this
is not inftantaneously to be judged. How then?
She, fays Oreftes, had killed my Father. But that does.
not juſtify you in killing your Mother. But it does
juftify me, replies the other. Here rcfts the Principle
of Judging. As to the Fundamental of this Caufe,
take it in the Words of Cicero: Let us fuppofe that
Oreftes alledges in his Defence, that his Mother was so
wickedly and unnaturally difpofed towards his Father,
bimfelf, his Siflers, his Country, and the IIonour of his
Blood and Family, that her Children were justified in be-
ing the principal Agents to put her to death. Other
Examples of this Kind are likewife brought. Wb0-
ever has spent his paternal Eftate, lofes the Privilege of
aflembling with the People. But here is a Man who
3
has
BOOK III. His INSTITUTES of Eloquence, 203
has ſpent it upon public Works. The Queſtion then
arifing is, Whether every Man that has ſpent his pa-
ternal Eftate ought to lose that Privilege? But the
Principle, that is to direct the Judgment, reſts upon
the Point, Whether a Man who has spent it IN THAT
MANNER ought to lose it? In the Cafe of the Marian
Soldier who kill'd the Tribune, Caius Lucius, his fu-
perior Officer, while he was endeavouring to violate
his Body; the Queftion is, Whether he kill'd him law-
fully? The Mean of Defence is, That the Tribune
endeavour'd to diſhonour the Defendant's Body. But the
Point that is to direct the Judgment is, Is the Soldier
himſelf to take the Vengeance, or is it lawful for him to
kill his military Tribunc?
Some think that the State of the Queſtion, and
the Principle of Judging, ought to be quite diftinct
Confiderations. A Queſtion, for Inftance, arifes
upon the Quality of an Act. Is Milo to be justify'd
in killing Clodius? But the Principle which is to
direct the Judgment is merely conjectural, Whether
did Clodius way-lay Milo? They add, that a Cauſe
often flides into another Matter, which is foreign to
the Queſtion, and even that Matter is to be judg'd
upon. I can by no means be of that Opinion. The
Queſtion, for Inſtance, Whether all who have spent
their paternal Eſtates, are to be debarr'd from aſſembling
with the People, is a Point that is to be adjudg'd.
But then, the Queſtion and the Judgment are not di-
flinct Confiderations; but feveral Queftions, and fe-
veral Points to be adjudg'd, occur in the Caufe. Let
me afk, in the Caufe of Milo, does not the Conjec-
ture, upon which it turns, influence the Quality of
the Fact for if Clodius way-laid Milo, it follows, that
Clodius was juflly put to death.
But
204 M. FABIUS QUINCTILIANUS BOOK III.
upon
But if an Orator falls into a Matter that is digref
five from the main Queſtion, yet ftill the Queſtion
is the Point that is to determine the Judgment.
Even Cicero is a little inconfiftent with himſelf
this Head; for in his rhetorical Tréatifes, as I have
obferv'd before, he follows Hermagoras. But in his
Topics, he thinks that the Point to be decided is,
the Difference between the two contending Parties,
under the Circumftances of the Cafe, and this he
calls the Point in Iffue, alluding to the Profeffion of
his Friend Trebatius, which was that of the Law.
As to the fundamental Point, he lays upon that the
main Streſs of the Defence, which muft vaniſh, if
that is taken away. Now in his oratorial Partitions,
he oppoſes the fundamental Point to the Defence,
becauſe it is firſt laid down by the Accufer. In my
Opinion, therefore, the trueft and the fhorteſt Me-
thod is, to make no Difference between the State of
a Caufe, its Fundamental, and the Point to be ad-
judg'd. For were it not for the fundamental Point,
nothing could exift to be adjudged. This to me ap-
pears to comprehend both Caufes in the Cafe of 0-
reftes; I mean, that of Clytemnestra murdering Aga-
memnon, as well as that of Oreftes killing Clytem-
neſtra.
But all this perhaps too curious Differtation about
Terms, arifes only from the Fear I am under of ap-
pearing to the Public, not to have gone deep enough
into the Principles of this my Undertaking. In the
plain Manner of educating a Speaker, there is no
Neceffity of carrying the Pupil through all thofe mi-
nute Circumſtances. Some Teachers are even too
minute; Hermagoras, particularly, a very refined
Writer, and inimitable in moft Refpects, but too
circum-
BOOK III. His INSTITUTES of Eloquence. 205
circumftantial in his Rules; yet at the fame time even
that Fault, if it is a Fault, has in it a Merit.
The Method I have here followed is fhorter, and
therefore plainer; for it neither fatigues the Learner
by leading him thro' the winding Labyrinths of the
Art, nor does it fritter away the Fabric of a Style,
by mincing and diverting it into an Infinity of uſeleſs
Particulars. The Pleader who makes himſelf Ma-
fter of the Point in Controverſy, of the Merits of the
Queſtion, of the Strength of his Antagonist's Argu-
ments, and of his own, and where the great Streſs of
the Cauſe muſt lie, is, in Fact, Mafter of all I have
laid down in this Chapter. And indeed every Man
of common Senfe, and of the ſmalleſt Practice in
Speaking, muſt know what the fundamental Cauſe is
that conftitutes a Controverfy, and what the Point is
that is to be debated, and to be adjudg'd. All which
Particulars come under the fame Head. For the
Point of Controverfy is the Queftion that is tried,
and the Queſtion that is tried is the Matter that is
judged. But we Rhetoricians do not always fix our
Eye upon the main Point; and allur'd by the Thirſt
of Praiſe, however acquir'd, or by the Pleaſure of
Speaking, we wander from the main Queſtion to
every foreign Subject that invites us; becaufe, within
a Subject, the Limits are narrow; without it, they
are boundlefs. Here we fpeak to what we know;
there, to what we pleafe. We are not, therefore, in a
Cauſe, to bufy ourſelves in hunting after the Que-
ftion, the Fundamental, and the Judgment, (for all
that is eafy,) but we are to keep the main Point in
View; we are to have it in our Eye, thro' all cur
feeming Digreffions, left we heedlessly drop our
Weapons, while we are gaping for Applaufe.
The
206
M. FABIUS QUINCTILIANUS BOOK III.
The School of Theodorus, as I have obferv'd to
you before, reduces all thofe Matters to certain
Heads, which comprehend ſeveral Particulars. Un-
der the firſt Head comes the main Queſtion, and the
State of the Caufe; under the fecond, the Matters
relative to the main Queſtion; under the third, the
Propofition, with the Proofs to eſtabliſh it. Upon
the whole, however, in every Thing that is to be
proved, there is a Head, tho' it may be more or leſs
important. And becauſe I have more circumſtantially,
than ſeems needful, enlarg'd upon what has been de-
liver'd by other Writers upon this Subject, and have
already explained the conſtituent Parts of a Pleading,
my next Book fhall proceed to treat of the Introduc-
tion or Preamble (a).
(a) Mr. Rollin, in his Edition, has omitted the whole of this
Chapter, but I durft not venture to follow him. It is plain, that
he confiders Ecclefiaftics and Preachers, chiefly, in the Edition he
gives of our Author; and he has in general omitted every thing
that is applicable only to other Profeffions, which requires fpeak-
ing in public. I am far from being infenfible that a few Paffages
of the preceding Chapter are rather too fpeculative for Practice.
But as, upon the whole, it is full of excellent Matter, for the For-
mation of a public Speaker, befides feveral curious Particulars of
Antiquity, and as I found it impracticable to abridge it, 1 rather
choſe to give it entire, than either to mangle or omit it.
M.
M. FABIUS QUINCTILIANUS
HIS
INSTITUTES of ELOQUENCE:
OR,
The ART of Speaking in Public.
25 25 25 25 25
BOOK IV.
DR R R R
sk sk "Dk sk "RA MA MAE M
dim
H
WE DU
CHA P. I.
THE ADDRESS.
AVING now, my Friend,
Marcellus Victor, finish'd the
Third Book, which contains
almoft the fourth Part of this
Work, which I have addrefs'd
to you, I now find myfelf en-
gaged by fresh Reaſons, and
nobler Motives, to be careful
of having it appear to the utmoſt Advantage, and of
recommending it to the Approbation of the Public,
by my Attention and Accuracy. Hitherto, all our
literary
208 M. FABIUS QUINCTILIANUS BOOK IV.
literary Correfpondence has been confined' to our-
felves, and whatever mean Opinion the reſt of Man-
kind might have had of my Performance, I was con-
tented, if they could ferve our Family-Purpoſes, by
forming your Son and my own to the Study of Elo-
quence.
But when Domitian, our auguft Emperor, com-
mitted to me the Charge of his Nephews, I fhould
pay an unbecoming Compliment to the Opinion
which that Divinity has formed of my Abilities, did
I not hold it to be the Standard, by which I am to
eſtimate the Importance of my Undertaking. When
a Cenfor of his confummate Sanctity has ftamp'd,
with his Approbation, my Endeavours to improve
the Morals of Youth, what a boundleſs Field does
he open to provoke my future Efforts! or what
Period ought I to put to my Studies in order to an-
fwer the Expectations of the Sovereign my Patron,
who is all accomplish'd in Eloquence, as he is in
every noble Qualification! We are not furprifed at
the Poets, who, after invoking the Favour of the
Mufes in the Beginning of their Works, when they
come to a Paffage of more than ordinary Importance,
renew their Invocations, and, as it were, begin their
Addreffes afreſh. In like manner, I hope, it will be
pardonable in me, now to perform a Duty which I
omitted in the Commencement of this Work, by in-
voking to my Affiftance all the Gods, especially that
Deity, which is fecond to none in being propitious
to Science, and favourable to Learning. Let me
implore' him to infpire me with Genius, equal to
that Expectation, which his Choice has rais'd of my
Abilities; let me invoke his Affiftance and Protection
in qualifying me fuitably to the diftinguiſhed Honour
of his Patronage.
2
This,
BOOK IV. His INSTITUTES of Eloquence.
209
་
This, tho' it is an all-powerful one, is not the fole
Motive of my Devotion upon this Occafion, for I
have another, which is, that in the future Progreſs
of this my Undertaking, I may excel all that I have
already executed. I am now to explain the Proceſs
of judicial Caufes, which are many and various. I
am to plan out the Purpoſes of an Introduction, the
Rules for ftating a Cafe, and the Efficacy of Proofs,
whether they are intended to anſwer Propofitions,
er to remove Objections; I am to difplay the Pow-
ers of Eloquence in winding up a Pleading, whether
it is, intended to ferve the Purpoſe of refreſhing the
Memory of the Judge by a fhort Récapitulation of
Arguments, or, which is a more arduous Taſk, of
working upon his Paffions. Some Writers fearing,
fhould they undertake the whole Syſtem, they might
fink under its Weight, have chofen to handle de-
tach'd Members of this Art; and upon each Par-
ticular of it, fome have publish'd feveral Volumes.
For my part, I have been prefumptuous enough, to
attempt giving a connected View of the whole at
once, thereby undertaking a Tafk that is almoft end-
lefs; nay, I am ftagger'd with the very Thoughts of
my growing Labours; but as I have enter'd upon
them, I will perfevere; my Spirit fhall bear up, tho
my Strength ſhould fink.
P
CHAP.
210
M. FABIUS QUINCTILIANUS Book IV;
CHA P. II.
CONCERNING THE INTRODUCTION, OR EXORDIUM
OF A SPEECH.
·Powers-Style
Its Properties—Manner·
·Manner-Powers Style Ex-
ecution and Confequences.
HE Part of an Oration, which the Latins call
TH
by the Name of an Introduction or Exordium,
the Greeks more properly term a ПIpoμsov, (b) Pro·
amium, or Flouriſh; for the Latin Word fignifies no
more than a Beginning, but the Greek Word inti-
mates it to be a Part of the Subject upon which they
are to enter. If we ſuppoſe that this Proemium was a
fhort Flourish performed by Muficians before they
enter'd upon the Piece of Mufic that was to win the
Prize, their Orators have plainly borrowed that Term
to exprefs the Preamble they make ufe of, before
they enter upon their main Pleading, in order to win
over the Affections of their Judges. If we fuppofe
the Term alludes (as the Greek Word may imply) to
a Preparation for the main Progrefs of a Matter, the
fame Propriety will hold; becauſe the Proæmium is
doubtlefs intended to render the Judge propitious,
before he enters into the Merits of a Caufe.
while, it is a wrong Practice in Schools always to
begin a Speech, as if the Judge was already apprized
of the Merits of the Caufe. This Abfurdity proceeds
from a Kind of Skeleton of the Subject being ex-
hibited, previous to the Declamation. It is true that
at the Bar, when a Caufe has more Hearings than
Mean
(b) Videlicet, a Flouriſh in Mufic or Singing, practifed by Mu-
ficians amongst the Antients, before they entered upon the Difpute
for the Prize of Singing, or Playing.
one,
Book IV. His INSTITUTES of Eloquence.
211
one, thofe Kind of Beginnings may not be improper,
but they feldom or never are proper at the firſt Hear-
ing, unleſs the Judge, before whom we plead, has
been already fufficiently inform'd of the Matter.
The whole Defign of an Introduction is, to pre-
pare the Hearer, fo as that he may the more fa-
vourably attend throughout the whole of our Plead-
ing. The principal Means of effecting this, as ap-
pears by many Authors, are three; by rendering
him kind, attentive, and tractable; Qualities that
ought to be kept up in him thro' the whole of the
Pleading; but are chiefly neceffary at its fetting out,
becauſe they ſecure our farther Progrefs in the Af-
fections of the Judge.
With regard to Kindnefs, we either raiſe it from
Perfons, or it comes to us from the Nature of the
Cauſe we plead; but we are not, with moft Authors,
to confine the Number of Perfons intereſted in a
Cauſe, to three; the Profecutor, the Defendant, and
the Judge.
For even the Perfon of a Pleader may furnish out
proper Matter for an Introduction. It is true, he is
to ſpeak ſparingly and modeftly of himſelf; yet if he
has the Character of being a worthy Man, the whole
of the Cauſe will be greatly influenc'd by the Con-
fideration of his Perfon. For in that Cafe he will be
confider'd rather in the Light of a faithful Evidence
for Truth, than of a zealous Advocate for a Party.
His firſt Buſineſs, therefore, is to introduce himſelf as
a Pleader for his Clicnt, upon the Footing of Duty,
Relation, or Friendſhip; but above all, let him, if he
can, bring in his Regard for his Country, or fome fuch
other important Confideration, as, his Motive for ap-
pearing there. If this is proper for an Advocate, it
is ftill far more fo for a Party, in order to give his
P 2
Profe-
212
Book IV.
M. FABIUS QUINCTILIANUS
Profecution the Air of Patriotifm, Virtue, or even
Neceflity.
As the Authority of the Pleader is of very great
Efficacy, if, in the Bufinefs he undertakes, he is far
removed from all Sufpicion of Covetoufnefs, Refent-
ment or Ambition; fo, our reprefenting ourfelves as
being mean, and unequal to the Abilities of our Ad-
verfaries, as Meffala generally does in his Introduc-
tions, procures us a fecret Recommendation. For
we naturally are prejudic'd in favour of the Weak,
and the Oppreffed; and a confcientious Judge al-
ways with the greateſt Pleaſure hears that Pleader,
who speaks as if his Defign was not to warp, but to
inform, his Judgment. Hence proceeded the antient
Practice of flyly concealing their Powers of Speaking,
which is fo widely different from the fwaggering
Manner of modern Pleaders.
We are likewife to fhun all Appearances of af-
fronting, reproaching, overbearing, or railing at any
Man, or Body of Men, efpecially of fuch as cannot
be attack'd without railing to ourſelves an Enemy in
the Breaſt of the Judge. As to the Judge himſelf,
it would be mere Folly, did not the Thing fome-
times happen, for me to enjoin, that nothing fhould
be thrown out openly, nay, not by the moſt diftant
Infinuation, that can be wrefted fo as to give him
Offence.
Even the Perfon of the Advocate for an oppofite
Party may afford Matter for an Introduction. This
may be fometimes practifed fo as to do him honour,
by pretending ourſelves afraid of his Eloquence and
Intereft, fo as to render the Judge jealous of him on
thofe Accounts. Sometimes, but very feldom, we
are to treat our Opponent with Contempt; thus,
Afinius, when he pleaded for the Heirs of Ur-
binia,
Book IV. His INSTITUTES of Eloquence. 213
binia, rank'd the Perfon of Labienus, who was the
Advocate on the other Side, as one of the Proofs of
a bad, indefenfible, Caufe. Cornelius Celfus does not
admit this Way of Speaking to be a Proamium or
Introduction, becauſe it does not relate to the Matter
in Conteſt; but I am juſtified by the greateſt Autho-
rities, in thinking, that whatever relates to the Per-
fon of an Advocate, muſt relate to the Caufe in which
he is concern'd; becauſe it is a natural Confequence
that a Judge will believe, with the greateft Readinels,
thofe Advocates, whom he hears with the greateſt
Willingneſs.
As to the Perfon of the Profecutor, I can lay
down no fix'd Rule how he is to be treated. His
Dignity may be acknowledg'd, but proper Mention
may be made of his Weakneffes. Sometimes there
may be Occafion to fpeak of his Merits, and upon
theſe another Perfon may enlarge more decently than
he can himſelf. Great Regard is likewife paid to
Sex, to Age, and to Rank, in the Cafes of Women,
old Men, and of Wards, when they plead for their
Children, their Relations, or their Hufbands. For
Compaffion is the only Motive that can influence an
upright Judge; but thefe are Matters that ought to be
judiciously fprinkled, and not profufely wafted, upon
the Introduction.
We are to attack the Perfon of our Adverſary, by
the
very reverſe Applications. If great and powerful,
he is to be render'd obnoxious; if humble and help-
lefs, contemptible; if wicked and guilty, deteftable;
three Qualities, that, of all others, operate the moft
powerfully in alienating the Affections of Judges.
But the plain Expreffion of them is not enough, for
that may be perform'd even by the unlearned. The
P 3
Caule
214 M. FABIUS QUINCTILIANUS BOOK IV.
Caufe itſelf will express them, but it is for the Orator
to exaggerate, or to extenuate, as he fees proper.
We may win over a Judge, not fo much by that
Practice which is in common to both Parties, that of
praiſing him, and which ought to be done, but with
Diſcretion, by connecting his Merits with the In-
tereft of our Caufe. We are to recommend the Noble
to his Dignity, the Helpleſs to his Protection, the
Unhappy to his Compaffion, and the Injured to his
Juftice; and fo of all other Cafes.
It is proper, if poffible, for a Pleader to be ac-
quainted with the Manners of a Judge, whether they
are fevere, gentle, agreeable, grave, unrelenting, or
caly; that where they fuit, he may make advantage
of them for his 'Cauſe, or mollify them, when they
are repugnant.
It happens fometimes that a Judge may be pre-
poffefs'd againſt a Pleader, and favour his Opponent;
fuch Difpofitions claim the Attention of both Parties,
but perhaps the Party, whom he favours, has the
moft delicate Point to manage. For Judges are
fometimes fo abfurd, as for the Sake of avoiding the
Appearance of Injuftice, to commit it in Reality, by
deciding againſt thofe they love, in Favour of thofe
they hate.
We have known Inftances of Men being Judges in
their own Cauſe. In the Books of Obfervations pub-
liſhed by Septimius, I perceive that Cicero (c) was
concern'd in fuch a Caufe, and I pleaded the Caufe
(c) Cicero] The Commentators have here obferv'd, that Cæfar
was Judge in his own Caufe when Cicero pleaded for Marcellus,
Ligarius and Deiotarus; but I am of Opinion, that fome particular
Cafe, not come to our hand, is here alluded to, for all thofe three
Cafes were rather Matters of Indulgence than Right, and Cicero
pleaded rather for Cefar's Forgiveness than his Juftice.
of
Book IV. His INSTITUTES of Eloquence. 215
}
of Queen Berenice (d) before herfelf. The Practice upon
fuch Occafions is the fame I have already laid down.
The Party who is in Disfavour with the Judge pre-
tends boldly to rely on the Merits of his Caufe,
while his Adverfary has fome Reafon to be afraid of
the Judge's Delicacy.
If the Judge brings along with him to the Bench
any Prepoffeffion with regard to a Caufe, it is the
Bufinefs of an Advocate to combat or confirm it, as
it makes for him or against him. Sometimes a
Plader has Occafion to fortify his Judges against all
Apprehenfions of Danger; as Cicero, when he pleaded
for Ml, exerted himfelf in perfuading his Judges,
that Pompey's Guards were not drawn out to over-awe
them. A Pleader may fometimes have Occafion to
fuggeft the Fear of Danger, as Cicero did in the Trial
of Verres. But this muſt be done with Difcretion,
and in two Manners; the one which is common,
with Tendernefs and Concern for the Reputation of
the Judges, left they ſhould forfeit their Credit with
their Countrymen, or left the Caufe fhould be carry'd
before another Tribunal; the other Manner, which
is feldom practis'd, must be performed by Afperity
and Refolution, by threatening to profecute them for
Corruption in their Office. The more numerous the
Court is, this may be done the more fafely; becauſe
thereby the Wicked will be check'd, and the Vir-
tuous will be encourag'd; but before a fingle Judge,
I am againſt the Practice, unless the Cafe be defpe-
(d) Berenice] The Emperor Titus Vefpafian was paffionately
fond of this Lady; fhe was Daughter to King Agrippa, who died
under Claudius Cæfar, and Siller to another Agrippa, who was
alive when Titus took Jerufalem. By this Paffage of our Author it
would feem, as if in his Time fhe had enjoy'd the Rank of a
Sovereign Princefs.
P 4
rate
216 M. FABIUS QUINCTILIANUS
Book IV.
But in a Cafe of fuch
rate to all all other Remedies.
Neceffity, an Orator's Buſineſs is at an End, and he
is only to appeal to a higher Tribunal; and that of
ten is of Service: Or he may impeach him of Par-
tiality before he gives Sentence. For with regard to
Threatnings and Accufations, any one, as well as an
Orator, may carry them into Execution.
If the Cauſe itſelf fhould furnish us with Matter
for conciliating the Favour of the Judge, we ought
to felect fuch Parts of it for the Introduction, as are
moſt favourable for that Purpoſe. There is no Oc-
cafion here to point out thoſe Parts, becauſe they are
felf-evident, and known upon the very Face of every
Caufe, and it is impoffible, in fuch a Variety of Cafes,
to collect them together. But, as it is ferviceable in
a Cauſe to find out and improve its favourable Parts,
fo it is equally expedient to confute and extenuate
whatever can hurt it.
Compaffion, likewife, may be excited from Misfor-
tunes which we have ſuffer'd, or are about to fuffer.
For I do not agree in Opinion with thofe, who hold
that the Difference between an Introduction and a Con-
clufion confifts in the latter recapitulating what is paſt,
and the former foretelling what is to come. I think
that, in the Introduction, we are to touch upon the
Compaffion of the Judges, with a fparing and a gen·
tle Hand; but in the Conclufion, we are to open the
very Flood-gates of the Paffions; we are to organize
fhadowy Beings, we are to raiſe the Dead, and pro-
duce the Pledges they have left behind them; Things
that cannot come properly into an Introduction. But
all this is defigned not only for moving the Paffions,
but for diffipating the Effects which an Opponent's
Introduction may have raiſed.
have raiſed. At the fame time, we
are to obferve the Utility of difplaying the wretched
Con-
BOOK IV. His INSTITUTES of Eloquence, 217
Condition into which the Lofs of the Caufe will
throw our Client, and the Haughtinefs and Pre-
fumption of our Opponent, fhould he gain it.
; as
But it is common to introduce Pleadings not with
Matters immediately relating to the Caufe or the Per-
fons, but connected with them. Not only the
Pledges I have already mention'd, are applicable to
Perfons, but Relations, Friends, nay fometimes
Cities and Countries, and whatever may be fuppofed
to belong to the Perfon of a Client, may be of Ser-
vice to his Caufe. The Times, tho' not connected
with it, may be properly introduced, as we fee in
Cicero's pleading for Calius. The Place; as in that
for Deiotarus: The Circumftances of the Trial
in his Oration for Milo: Common Fame; as in his
Impeachment of Verres. In fhort, not to enumerate
every Particular, we may with Propriety introduce
the Expectations of the People, and the Reputa-
tion of the Courts of Juftice; all which are Matters,
that are no Part of the Merits of the Caufe, and yet
they belong to it. Theophraftus mentions an Intro-
duction which may be taken from a foregoing Plead-
ing; fuch is that of Demofthenes for Ctesiphon, in
which he begs that he may be allowed to anſwer in
the Manner he himſelf ſhall think moft proper, with-
out being bound down to the Method preſcribed by
the Accufer. An overbearing Air generally diſguſts,
thro' the Appearance of Arrogance. On the con-
trary, there is a certain eafy Manner of Speaking,
which is prepoffeffing in our Favour, and tho' it is
common, yet we are not to neglect it, were it for no
other Reaſon than to be before-hand with our Ad-
verſary in employing it; I mean, the Practice of
pouring out Wiſhes, fending forth Deprecations, put-
ting
218 M. FABIUS QUINCTILIANUS
BOOK IV.
ting in Remonftrances, and carrying, through the
Whole, evident Marks of Pain and Anxiety.
When a Thing appears unprecedented, important,
dreadful, and exemplary, it generally fixes the At-
tention of the Judge, eſpecially if the Pleader can
connect with it his Interefts, and that of the Public;
for then his Paffions are to be touch'd with every
Motive of Hope, Fear, Counfel, Intreaty, nay, of
Vanity, if we think that can ferve our Purpoſe. In
order to awake his Attention, it may likewiſe be
proper to perfuade him, that our Pleading fhall be
very ſhort, and contain in it nothing but what fhall
be immediately to the Purpoſe.
Even the Attention of a Judge, doubtlefs, fhews
his Docility, or Readiness to be inform'd; and he
will ftill be more tractable, if we can briefly and per-
fpicuouſly ſtate the Point that is to come under his
Cognizance; a Method, which Homer and Virgil
made ufe of in the very Outlet of their Poems.
Now, the Way to do this is to give it the Air, not
of a Declaration, or Expofition, but of a Propofi-
tion; and for the Orator to lay down, in general,
the main Point he is to fpeak to, without entering
upon the Particulars that are to prove and enforce it.
I think, I cannot give a better Example to this Pur-
poſe, than the Opening of Cicero's Pleading for Clu-
entius. "I have obſerved, my Lords, fays he, that
"the Whole of the Profecutor's Pleading is divided
"into two Parts; in the first he hinges, and lays
great Streſs, upon the odious Determination given
by Junius, which has already made fo ftrong an
Impreffion upon the Public. The other Part,
"which contains the main Strefs of this Caufe, he
"has touch'd upon with Caution and Diftruſt, and
merely for Form's fake; I mean, the Matter of
..
66
"the
BOOK IV. His INSTITUTES of Eloquence. 219
"the Empoiſonment." At the fame time it muſt
be own'd, that this Manner is more practicable for
him who is to anſwer, than for him who opens the
Argument, becauſe the one is to inftruct the Judge,
and the other to inform him.
I am, indeed, told by fome great Authori-
ties, that, upon certain Occafions, it may be ab-
furd to beſpeak the Attention, and the Docility, of
a Judge; and I am fenfible of the Arguments they
bring for this Opinion: Becaufe, fay they, where
a Caufe is likely to go againſt us, it may be impro-
per to explain it. But this Circumftance may be
owing rather to the Judge being miſled, than to his
Want of Attention. For we will fuppofe that our
Opponent has already finiſhed his Pleading, and that
he has brought the Judge over to his Opinion. If
that is the Cafe, is it not neceffary for us to endea-
vour to make the Judge alter his Opinion? And
how can we do that, without rendering him attentive,
and ready to be informed of all we have to offer?
What is the Confequence? Why, we are fometimes
to vilify, fometimes to aggravate, nay, fometimes to
put on an Air of Contempt, in order to divert the
Judge, from the Sentiments he entertains in favour
of our Adverſary. This was done by Cicero in his
Pleading for Ligarius. For, what Purpoſe does his
Play of Words, and his agreeable Raillery, ferve in
all that Pleading, but to make Cafar believe that the
Matter was not new in itſelf, and that it did not fo
nearly concern him, as he might imagine? What
does he do in his Pleading for Celius, but fhew that
the Crime he was charged with was
important, as it was given out to be?
dent, that, of all the Rules I have here laid down,
not near fo
But it is evi-
fome
220
M. FABIUS QUINCTILIANUS Book IV.
fome are applicable to one Sort of Cauſes, and fome
to another.
Now, the Subjects (a) to which Introductions are
to be fitted, are divided, by moft Authors, into five
Sorts, the NOBLE, the MEAN, the DOUBTFUL, the
SURPRIZING, and the DARK. To thefe, fome have
thought proper to add the SCANDALOUS, while others
comprehend it under the Mean, and others under the
Surprizing. Now, the Property of the Surprizing
is an Event that happens contrary to human Fore-
fight, or Opinion. In the doubtful Kind, the Bu-
fineſs of an Introduction is to render the Judge
favourable; in the obfcure, docile; and in the mean,
attentive. The Nature of a noble Caufe will, of it-
felf, be fufficient to win him over; but thofe that are
furprizing, or ſcandalous, muſt be palliated by Art.
For this Reafon, fome divide an Introduction in-
to two Parts, a Beginning, and an Infinuation. In
the Beginning, we make a plain, downright, Re-
(a) Subjects] Orig. Genera porro Caufarum plurimi quinque fe-
cerunt. The Reader will perceive, that I have purpoſely ex-
plained this Paflage in the Tranſla ion, becauſe the literal Meaning
of the Words flands in flat Contradition to what our Author laid
down in the fourth Chapter of the laft Book, where he makes the
Kinds of Caufes to be only three. This Inconfitency is attempt-
ed to be apologized for by Commentators, but, I think, with no
great Succefs, becauſe it is to glaring to be defended Mean
while, as no Writer, upon the whole, ever excell'd our Author in
Perfpicuity and Accuracy, I muſt attribute the Blemiſhes and In-
confiſtencies, of the Kind I here take notice of, to the lamentable
Degeneracy of Learning, which immediately fucceeded his Time.
His great Reputation, as a Teacher of Rhetoric, made the whole
Herd of the ignorant Profeffors of that Art confider him as their
Maſter; and it is to their Interpolations, and Alterations, that we
are to attribute most of the Blemishes we diſcover in Quintilian.
Add to this, that, even in his own Life-time, many inaccurate E-
ditions of his Works were publifh'd, without his Knowledge, or
Confent, which might, through the Ignorance of Editors, Profef
fors, and Tranſcribers, infect the genuine Edition, which, I am
perfuaded, has never yet been recover'c.
3
queſt
Book IV. His INSTITUTES of Eloquence. 221
queft for the Kindneſs and Attention of the Judge.
But, as this never can fucceed when the Caufe is of
a fcandalous Nature, we are then to infinuate our-
felves into their Affections; efpecially if it has an
ignoble Appearance, either on account of its being
diſhoneft in itſelf, or becauſe the Public is prepof-
feffed againſt it; or if it is ftigmatized even upon
its Front, either through the Opinion which the
World has of the oppofite Party, or through the
Difcredit of pleading againſt a Father, againſt a
helpleſs old Man, againſt the Blind, or againft an
infant Orphan.
Certain Profeffors are very verbofe in laying down
the ſeveral Remedies which are applicable upon fuch
Occafions. They form fuppofititious Caufes, which
they manage, and plead to, as if they were real
Actions. But, as thofe Pleadings have their Source
in an Infinity of Caufes, which can be comprehended
only under general Precepts, it is impracticable to
give any particular Detail, that can comprehend them.
all. All, therefore, that a Pleader can do, is, by
his own good Senfe, to fuit his Manner to the feveral
Occafions that may occur.
One Rule I do recommend, as being univerfal,
which is, that a Pleader is to fly from what can hurt,
to what can ſerve, his Purpofe. If he is hurt by his
Caufe, let him call in the Party; if by the Party,
let him dwell upon the Caufe; and if he finds no-
thing that renders his Caufe favourable, he is then
to endeavour to wound his Opponent in the moſt
fenfible Part. If poffible, let him conciliate Kind-
nefs; next to that, let him extenuate Hatred. Where
a Point is too ftubborn to be denied, let him endea
vour to fhew, either, that it was not fo bad as it was
given out; or, that the Intention is mifconftrued;
or,
222 M. FABIUS QUINCTILIANUS Book IV.
or, that it is not applicable to the preſent Purpoſe;
or, that Repentance may atone for it; or, that it
has been fufficiently punished already. An Advocate,
therefore, in pleading has Advantages, which his
Client has not, becaufe, when he praifes another, he
incurs no Imputation of Vanity; and even his Re-
proofs, fometimes, may be of fervice to his Caufe.
For, he will fometimes put on a feeming Concern.
Thus Cicero, in his Pleading for Rabirius Pofthumus,
in order to win over the Attention of the Judges,
affumes all the Air of Impartiality, by feeming to
put even his Client in the wrong, that he may gain
the more Belief, when he comes either to defend, or
to deny, the Facts. A main Confideration, there-
fore, with a Pleader, is, whether he ought to ſpeak
in the Character of an Advocate, or of a Party, when
he can affume either with equal Propriety. Now, it
often happens in Schools, but feldom at the Bar, that
a Party can ſpeak with Decency in his own Cauſe.
But, the Buſineſs of a Declaimer is to introduce, in
the Characters of the Parties themſelves, thoſe Caufes
that chiefly turn upon the Pathetic and Moving. Such
a Pleading cannot be properly intrufted to any other
Character, becauſe we are always to fuppofe that the
Emotions of Mind, in the Party concern'd, are
ſtronger than thofe of any other Perfon, who is more
indifferent.
The Practice of Infinuation is likewife proper,
when the Minds of the Judges are prepoffeffed by the
Pleading of our Antagoniſt, or, if we are to ſpeak
when they are quite tired out. In the firft Cafe, we
fucceed by promifing to bring our Proofs, and to
deſtroy all that has been advanced againſt us; and in
the fecond, by promifing to be very ſhort, and by an
Application of thofe Rules which I have already laid
down
BOOK IV. His INSTITUTES of Eloqucnce. 223
down for winning the Attention of a Judge. A
well-timed Piece of Wit gives likewife great Relief
to the Spirits, after a long Hearing; and the Mind
of a Judge is refreſhed by whatever gives it Pleaſure.
It likewife has no bad Effect when we prevent an
Objection, as Cicero does in his Oration, when he
fays, that he is fenfible fome People are furpriz'd,
"that he, who had, for fo many Years, appeared in
"the Defence of many, without attacking one,
"fhould now become the Impeacher of Verres ;"
and then he proceeds to fhow, that, in profecuting
Verres, he does no more than defend the Allies of
Rome. This Method is, by the Greeks, termed
πρόληψις.
"
But, as it is not enough for me to point out the
Utility of an Introduction, or Exordium, without
inftructing the Learner in what Manner he is beft to
compofe it; I am here to add, that, before he begins
his Pleading, he is duly to confider, what he is to
fay; before whom, and against whom, he is to
plead; the Time, the Place, the Circumftances; the
Prepoffeffions of the Public with regard to his Cauſe;
what are the private Sentiments of the Judge upon
the Matter, before he begins to plead; and then,
what he is to defire, what he is to guard againſt. As
to the Manner in which we are to begin, we fhall be
led to it by the very Nature of the Caufe. Our
prefent Practice is, to term the first Words we begin
with, an Introduction; and every pretty Expreffion,
that comes uppermoft, ferves with us for an Exor-
dium. It is, however, certain, that great Part of
the Exordium ſhould be brought from what is com-
mon to the Whole of the Caufe; and yet, nothing
makes fo good a Figure in an Exordium, as that
which
3
224
M. FABIUS QUINCTILIANUS Book IV.
which cannot be introduced into any other Part of
the Difcourfe with equal Propriety.
An Exordium appears with the greater Grace, if
the Matter of it is fuggefted by our Opponent's
Pleading (a). For then it does not appear to be a
fet Form of Words drawn up in our Study, but com-
pos'd upon the Spot, and on that.very Occafion;
and thereby the Pleader acquires a great Character
for his ready Wit, and a great Regard is paid to
what he fays by his Manner of Speaking, which ap-
pears quite natural, and arifing from the preceding
Pleading. Nay, fuppofing all the reft of his Dif
courſe to be drawn up with Care and Attention, yet
it generally runs on to the Hearer, as being pro-
nounc'd extempore, becauſe he could perceive nothing
that was ftudied in its Outſet.
It very often happens that the Modefty of Senti-
ment, of Compofition, of Voice, and Countenance,
gives a Grace to an Introduction; nay, it is wrong
in a Pleader to difcover too much Confidence, even
when he has undeniably the better of the Argument.
A Judge generally hates a Party that throws out De-
fiances, and as he is fenfible of his own Power, he
filently
(a) Opponent's Pleading] I am pleas'd that I can bring from the
Pleading of an English Lawyer, as fine an Example of this as per-
haps is to be found in all Antiquity. It is the Introduction of Mr.
Wearg's (afterwards Sir Clement Weag) Reply to the Defence
made by the late Bishop of Rochester and his Counfel, and which
is as follows; “It muſt be admitted, that the Reverend Prelate
"at the Bar has made his Defence with the utmoſt Force
"and Beauty of Eloquence. Was I capable of anfwering it
"in the like Manner, which I own I am not, yet I fhould not
"think myſelf at liberty to do it, under the prefent Circumftances.
"For, tho' it may be excufable, in a Perfon upon his Defence,
to make ufe of that powerful Inftrument of Error and. Deceit,
"which always impofes upon the Reafon, and mifguides the
Judgment in proportion as it affects the Paffions; yet, I can't
"think the fame Methods juftifiable in a Peifon employ'd to carry
66
on the Profecution.".
BOOK IV. His INSTITUTES of Eloquence.
225
filently expects that a Deference fhould be paid to
his Authority.
We are carefully therefore to guard againſt all Suf-
picion of Deſign in the Outfet of our Pleading,
which ought to be void of all manner of Oftentation,
becauſe a Judge confiders the Arts of Speaking, when
they are apparent, as fo many Snares thrown out for
his Underſtanding. "The Perfection of Art therefore
is to be artful enough to avoid all Appearance of Art."
But this univerfal and indeed excellent Precept has
been alter'd thro' the Degeneracy of Tafte in cur
Age, becauſe in certain Trials, eſpecially capital
ones, and even before the Centumviri (b), the Judges
themſelves expect and require to be treated with
ftarch'd, formal, finical Speeches; and think them-
felves flighted, if great Study, with the utmoft Care,
does not appear in every Pleading before them. For
they love not only to be informed, but to be tickled.
It is hard to preſcribe any Bounds for this Practice,
and the beſt Mean, I think, we can obferve is, to
give our Pleading an Appearance of Accuracy, with-
out Deſign, and of Skill, without Cunning.
It is an old Rule in Rhetoric to admit into an In-
troduction no Expreffion "that is uncouth, that is
"too boldly metaphorical, that is antiquated, or
"that borders upon poetical Licence." For in the
Introduction we are to confider ourfelves as not yet
admitted to the Freedom of Speech, and as being, in
(b) Centum-viri] This was a Court originally inftituted for
Matters of private Property and of finall Confequence; but Com-
mcntators imagine, from this Paffage, that in Quintilian's Time
they took cognizance of capital Caufes; but I fee no Reaſon for
that Suppofition if we read the Original as I have tranſlated it,
according to the beſt Manufcripts, and the Opinions of the ableit
Lawyers. Some, for Centumviros read Triumviros, which, could
it be fupported, wou'd folve all Difficu't es, because the Trum-
ii had a Power of judging in capital Cafes.
е
a
226 M. FABIUS QUINCTILIANUS BOOK IV.
a manner, hem'd in by the new-rais'd Expectation of
our Hearers. But when we have won over their Af-
fections, when we have warm'd their Paffions, then
may we venture to expatiate; eſpecially when we en-
ter upon thofe Regions of Eloquence, thofe rich,
thofe gay Regions, where all is Radiance, and where
the Beams of Beauty all around hinder the Eye from
fpying out the Licentioufnefs of Expreffion (c).
The Introduction of a Pleading ought to refemble
none either of its argumentative, its fentimental, or
its explanatory Parts. Mean while, it muſt neither
be too finely fpun, nor too far fetch'd; it ought to
wear the Appearance of elegant Simplicity, and un-
toiling Nature, without raifing too great Expecta-
tion by pompous Words, and a prefumptuous Look.
A Speaker who can affect the Want of Affectation,
ſo as not to be diſcover'd; whofe Manner is mark'd
by a certain Embarraffment, or by what the Greeks
call averiparos, always fucceeds beft in ftealing upon
the Mind of a Hearer. But all this ought to be re-
gulated according to the Sentiments with which he
wants to inſpire his Judges.
A Failure of the Memory, or of the Readineſs of
Expreffion, has no where a worfe Effect than in an
Introduction to a Speech; for a lame Introduction to
a Pleading is like a Hatchet-Face upon a Perfon,
and we are always ready to pronounce him to be the
worſt of Pilots who runs the Ship foul of a Rock,
before the has clear'd the Harbour.
As to the Meaſure of an Introduction, that muſt
be directed by the Nature of the Caufe. Where the
(c) All this is extremely juft, and in this Paffage particularly,
Quintilian has given us an Example in the Precept, and feems to
rival his great Mafter Cicero in the Glow of his Style.
tore, 1. 3. c. 37 & 38.
See de Ora-
Caufe
BOOK IV. His INSTITUTES of Eloquence.
2247
1
Caufe is fimple, it requires but a fhort Introduction;
but Cauſes that are complicated, dubious, and dif-
creditable, require longer Introductions. But Au-
thors are ridiculous in prefcribing Rules that are to
ferve for all Introductions, by confining them to nei-
ther more nor lefs than four Sentiments. At the fame
time we ought to be equally careful to keep an Intro-
duction from running into an immoderate Length,
for then it will appear like a Monſter running all into
HEAD, and the Speaker, while he is preparing the
Hearer, will tire him out.
Some wholly exclude from the Introduction all Ex-
preffions not immediately addreffed to the Judge, or
what the Greeks call an azospopy, and, no doubt, they
have fome Shew of Reaſon to fupport this Opinion;
for it muſt be acknowledged, that it is moft natural
to direct our Addrefs chiefly to thofe, whofe good
Opinion we are courting. Sometimes, however, it
may be neceffary to throw into the Introduction fome
Spirit, which will always have the more Strength and
the more Force, if it is addreffed to a third Perfon.(d)
When we can do this properly, by what Law, by what
fcrupulous Punctilio, are we with-held from throwing
into a Speech, by means of this Figure, all the Spirit,
and all the Animation we can give it? For the
Writers upon this Art have not put a Negative upon
it, as being an illicit, but as being a bootlefs, Figure.
But if it may be practifed with Advantage, the very
Reaſon for forbidding it, ought to be a Reafon for
(d) There are great Variety of Readings in the Original of this
Paffage, which feems to have been mistaken by Commentators
and Tranſlators I have kept by the common Reading, which
makes Quintilian's Meaning to be, that as he has recommended
Modefty, as a Property of an Exordium, if a Speaker thinks it
expedient to depart a little from that Character, he can do it with
more Advantage, by addreffing himſelf to fome other Perfon than
the Judge, whofe Favour he is befpeaking.
our
228 M. FABIUS QUINCTILIANUS BOOK IV.
our uſing it. Does not Demofthenes introduce an O-
ration by addreſſing himſelf to Efchines, who was his
Antagoniſt? And amongſt other Occafions, upon
which Cicero thought this Figure proper, in the Begin-
ning of his-Oration for Ligarius, he addreffes himſelf
to Tubero; and indeed had he made ufe of any other
Figure, his Pleading muſt have loft great Part of its
Spirit. Any one may be fenfible of this, who fhall
apply to the Judge the whole of that animated Intro-
duction, You have therefore, Tubero, the greatest Ad-
vantage that an Impeacher can wish for, and fo forth.
For then the Senfe will feem to be quite revers'd,
and the whole Spirit of it to evaporate. Tubero there-
fore has the greatest Advantage that an Impeacher can
wish for. For Cicero's Manner is urgent and inftan-
taneous, the other is only a cold Information. We
may obſerve the fame in Demofthenes, by giving it a
different Turn. How is it with Salluft? Does he
not, in ſetting out, immediately addreſs himſelf to
Cicero, againſt whom he is pleading? Heavily, fays
he, and with an unquiet Mind, would I fuffer thy
Railings, O Marcus Tullius. And Cicero obferves the
fame Method in the Introduction of his Invectives a-
gainſt Catiline. How long, O Catiline, wilt thou a-
bufe our Patience?
But to take off all Surprize with regard to an A-
poftrophe, Cicero makes ufe of it in his Pleading for
Scaurus, who was accufed of Corruption, by fpeak-
ing in another Character. We have Examples of it
likewife in his Pleading for Rabirius Pofthumus, and
in that for the fame Scaurus, when he was indicted
for oppreffive Practices; and likewife in that Di-
viſion of his Oration, which I have already obferv'd,
when he defended Cluentius. Yet I do not ſay, that
tho' this Figure may be made ufe of with Advantage
2
fome-
BOOK IV. His INSTITUTES of Eloquence. 229
fometimes, it is always to be employ'd: No; it
muſt be made ufe of as Difcretion fhall direct. And
in like manner, we may avail ourſelves of Similies,
provided they are ſhort; and of Metaphors, and o-
ther Figures of Speech, all which are prohibited by
thoſe very cautious and fcrupulous Profeffors; un-
leſs we diſapprove of the divine Irony, that Cicero
makes uſe of in the Cafe of Ligarius, which I men-
tion'd fome Time ago.
It is with greater Juſtice that the fame Profeffors
point out real Defects in Introductions. An Intro-
duction that may, with equal Propriety, fuit a thou-
fand other Caufes, is call'd a HACKNEY'D one, and
yet, tho' feldom or never well received, fuch Intro-
ductions are fometimes attended with fome Advan-
tages, nay, great Orators have been often known not
aſhamed to uſe them. When one makes uſe of an
Introduction, which may equally ferve his Antago-
nift, they term it COMMON. When your Adverfary
may avail himſelf of your Introduction, it is called
COMMUTABLE. When it has no Relation to the
Caufe, DETACH'D; when brought from another
Subject, TRANSPLANTED; and when an Introduc-
tion is too long, it is faid to be ERRONEOUS. Theſe
however are Faults that generally are not confined to
the Introduction only, but run thro' the whole of the
Pleading.
The Obfervations I have now made relate to the
Introduction, as often as it is made ufe of, which
does not always happen. For fometimes it is unne-
ceffary; for Inftance, when the Judge is fufficiently
prepared without it, or if the Matter is fuch as to
require no Preparation. Ariftotle is of Opinion, that
the whole Bufinefs of an Introduction is fuperfluous
before a Judge of Senfe and Integrity. Mean while,
Q3
I
230 M. FABIUS QUINCTILIANUS Book IV.
I am to obferve that Circumftances may happen,
which may put it out of our Power to make uſe of an
Introduction, even tho' we are fo inclined; for In-
ftance, when the Judge is in a Hurry of Buſineſs;
when we are pinched for Time; or when a higher
Power obliges us at once to enter upon the Merits of
the Cauſe.
On the other hand, the Bufinefs of an Exordium
may fall into other Parts of a Pleading than the Be-
ginning. For we fometimes befpeak the Attention
and the Favour of the Judges, while we are open-
ing the Cafe, and bringing Proofs; a Practice,
which Prodicus thought proper for aroufing them,
when they begin, as it were, to nod over a Cauſe.
Cicero falls into this Practice; Then, fays he, Caius
Varenus, the fame who was killed by the Slaves of An-
charius, give me leave to fay, my Lords, that what I
have to lay before you, claims your utmost Attention. In
like manner, if a Caufe is made up of various Cir-
cumſtances, every Part of it requires to be prefac'd;
thus, Now, my Lords, attend to what follows; or thus,
I now proceed to the next Particular. Nay, when we
are eſtabliſhing our Proofs, we may fall in with va-
rious Circumſtances, that ſerve for the fame Purpoſes
the Introduction does, Inſtances of this may be
found in Cicero's Pleading for Cluentius againſt the
Cenfors, and in the Apology he makes to Servius, in
his Pleading for Murena. But this Practice is fo
frequent, that I need bring no Examples to con-
firm it.
But as often as we make ufe of an Exordium, whe-
ther we go on to ftate or to prove our Cafe, the
End of our Introduction ought always to be fuch, as
that it naturally may fall in with what is immediately
to follow.
As
Book IV. His INSTITUTES of Eloquence. 231
As to the Practice of Declaimers in Schools, it is
taſteleſs and trifling; for when they are to make a
Tranſition, they tack the one Part to the other, by
ſome notable Sentiment, and by this Kind of Slight
of Tongue they look for Applaufe. This was Ovid's
Method in his Metamorphofes, but he was compelled
to it by Neceffity, becauſe the profeſſed Deſign of his
Work was to join together into one Syftem, and one
continued Narrative, Matters the moſt oppofite that
can be conceiv'd to one another. But why is an O-
rator to ſteal a Tranfition of this Kind? Why is he
to impoſe upon a Judge, when it is his Bufinefs to
awaken his Attention to Facts, as they lie in their
natural Order? For the firft Part of a Caſe muſt be
loft upon a Judge, if he does not know that you are
ftating it. Therefore a Pleader's beſt Method is,
neither to tumble abruptly into the Opening of his
Cafe, nor ſteal into it myſteriouſly.
If the Expofition or Opening of the Cafe fhould
chance to be under any Difadvantages, thro' its
Length or Perplexity, the Judge ought to be ap-
prized beforehand even of that. Nay, this is a fre-
quent Practice with Cicero, especially in his Pleading
for Cluentius, when he fays, I must now retrace far
back the Matter I am to prove, and while I am doing
this, my Lords, I beg your Patience and favourable At-
tention; for when you are thoroughly Mafters of the Be-
ginning of this Matter, you will be the more ripe to ferm
a Conclufion. And here I clofe what I had to fay
upon the Subject of an Introduction.
CHAP.
Q 4
232
M. FABIUS QUINCTILIANUS Book IV,
CHA P. III.
CONCERNING THE NARRATIVE, OR STATE OF THE
CASE.
Th
HE moſt uſual, and indeed the moſt natural
and proper Method is, for an Orator, after he
has prepared the Mind of the Judge, in the Manner
I have already laid down, to open and ſtate the Caſe
upon which he is to ſpeak. This we call a Narrative.
Here I fhall, on purpoſe, flightly touch upon the
many over-nice Diftinctions, which fome make, by
multiplying Narratives into a great many Kinds.
For, not contented with requiring the State of the
Subject-Matter that is to be tried, they infift upon
an Expoſition of the Perfon; as for Inftance, fup-
pofing one Marcus Acilius to be the Perfon, we muſt
lay him out to be of mean Extraction, and a Picentine,
to be clamorous, but not cloquent. They tell us like-
wife that we are to ftate the Situation of a Place; for
Inftance, Lampfacum, my Lords, is a Town in the
Hellefpont. And of a Seaſon, as in Virgil;
In early Spring, when from the hoary Hills
The melting Snows defcend in gentle Rills.
They require likewiſe an Opening or Expofition of
Caufes, which is very frequent with Hiftorians,
when they are explaining the Rife of a War, a Se-
dition, or a Peftilence. This is not all, for they
make a Diſtinction between perfect and imperfect Cafes,
Matters that are obvious to the meaneft Capacity.
They likewife add, what is very common, a State or
Expofition of paſt Times, and likewife of the pre-
fent, as Cicero does in the Cafe of Rofcius of Amerium,
when
BOOK IV. His INSTITUTES of Eloquence. 233
when he makes his Obfervations upon the Effects
which his naming Chryfogonus (a) had upon his
Friends. We are likewife told of an Expofition of
future Times, which properly belongs to a Spirit of
Prophecy. The painting a Thing as if it were im-
mediately tranſacting before us (called by the Greeks
UTOTUTWC) is only a Manner, but not the Subſtance
of a Narrative. But I now proceed to what is more
material.
Many Authors think that a Pleading fhould con-
fift entirely in Narrative; but many Arguments de-
ſtroy that Opinion. In the firft Place, fome Caufes
are ſo very ſhort that they rather confift of a fingle
Propofition, than require a Narrative, or a State of
the Cafe. This fometimes happens to be the Cafe
on both Sides, either when the Cauſe requires no Ex-
planation, or when they agree upon the Matter of
Fact, but differ upon the Matter of Law. This
happened in two Cafes before the Centumvirs; in
the one the Queftion was, Whether the Son or the Bro-
ther should fucceed to the Estate of a Person who died
without a Will. The other was, Whether Puberty was
to be reckon'd according to a certain Number of Years, or
a certain Habit of Body. It may likewiſe happen,
that a Caufe may properly admit of being ſtated, yet
the Judge may be appriz'd of every Thing before-
hand, or it may have been fully open'd in a former
Pleading.
A Narrative is likewife fometimes omitted by one
or other of the Parties; but moſt generally by him
(a) Chryfogonus] The Orig. Qualis eft Ciceronis de difcurfu omi-
corum, Chryfogonus poftquam eft nominatus. Commentators have per-
plex'd this Paffage, in fuppofing it to be intended by Quintilian as
a Quotation, whereas, in Fact, it is only a Narrative of an Effect.
The Paffage in the Original may be ſeen in p. 45. Vol. 3. of my
Tranflation of the Orations.
who
234 M. FABIUS QUINCTILIANUS Book IV.
who brings the Action, either becauſe a fimple Pro-
pofition is fufficient for his Purpoſe, or becaufe fuch
an Omiffion is moft advantageous to his Caufe. For
Inftance, it is fufficient if a Party fays, I lent my Mo-
ney, and I demand it back according to my Agreement with
the Borrower. Or, I demand what my Friend has left
me by his laft Will and Teftament. In thoſe two Cafes,
the ftating the Facts belongs to the Defendants, that
they may ſhow the Plaintiff's Claims to be unjuft.
It may likewiſe be fufficient, and moſt expedient, for
a Profecutor to open his Cafe thus; I say that Hora-
tius has kill'd his cwn Sifter. For this fingle Propo-
fition gives the Judge a full Information of the Fact
that is alledged, and it is the Buſineſs of the oppo-
fite Party to ftate its Rife and Progrefs. On the
other hand, an accuſed Party has no Occaſion to en-
ter upon a Narrative, when the Charge brought a-
gainſt him can neither be denied, nor defended, and
when the whole Queſtion turns upon a Point of Law.
For Inftance, a Man fteals out of a Temple a Sum
of Money belonging to a private Perfor, and he is
accufed of Sacrilege. In fuch a Cafe, it would be
more decent in the Prifoner's Advocate to admit,
than to explain, the Fact. We do not, fays he, deny
that the Money was carried out of the Temple, but the
Profecutor alledges that the Defendant is liable to the Pe-
nalties of the Law against Sacrilege, though the Money
was a private, and not a facred, Depofit. You, my
Lords, are to judge of this fingle Point, Whether he has
been guilty of Sacrilege?
But, though I am of Opinion, that any State of
the Cafe would be improperly introduced into a Cauſe
of this Kind, fo I differ from thofe who think that
a Narrative never ought to be introduced, when a
Party has no other Defence, than denying the Charge
brought
BOOK IV. His INSTITUTES of Eloquence.
235
brought againſt him. Cornelius Celfus is of this Opi-
nion, who admits no State of the Cafe in moſt of
the Defences made againſt the Charges of Murder,
Corruption, or Oppreffion; and in no Cafe, but
where it contains the Sum of the Charge that is to
be tried, as laid out by the Profecutor. (b) Mean
while, Celfus himſelf admits, that Cicero, in his
Pleading for Rabirius Pofthumus, ftates the Cafe,
though he denies that Rabirius ever received the Mo-
ney, for which the Impeachment was brought againft
him, without faying a fingle Word in all his Narra-
tive, about the Charge that was to be tried.
For my Part, I have great Authorities on my
Side, for thinking that, in public Trials, Narratives
are of two Sorts; one, in which the Cauſe itſelf is
opened; and the other, in which the Circumſtances
relating to it are explained. I am not guilty of the
Murder, is a Defence that requires no Narrative. I
admit that it does not; but it admits of many, and
thoſe fometimes tedious, Expofitions concerning the
Proofs of the Charge, concerning the former Life
of the Party, concerning the Reaſons why a capital
Charge is brought against this innocent Perfon, and
concerning other Reaſons which impeach its Proba-
bility. For, the Profecutor is not contented with
fimply faying, you have been guilty of Murder. No,
he opens his Proofs, he lays out the Arguments that
are to fix the Charge. Thus, upon
Thus, upon the Stage, when
Teucer impeaches Ulyffes of the Murder of Ajax, he
fays that he found him in a folitary Place, with
his Sword bloody, and near the breathlefs Body of
his Enemy. But Ulyffes endeavours to refute this
Charge, not only by denying the Fact, but by fhew-
(b) I have added the Words that are in Italics, becauſe I think
my Author's Meaning requires them.
ing
236 M. FABIUS QUINCTILIANUS Book IV.
ing that he had no Enmity with Ajax, and that the
Diſpute between them was merely a Point of Glory.
He next explains the Manner of his coming into
that folitary Place, and how, when he faw the life-
lefs Body lying upon the Ground, he drew the Wea-
pon out of the Wound. From theſe Premifes he
forms his Defence. But a Defence, even upon
the
following Charge, requires a Narrative. Says the
Profecutor, You was upon the Spot where your Enemy
was found kill'd. It is not fufficient to deny this Fact,
in order to difprove it; for you muſt ſhow where
you was at that Time.
Upon the whole, I am of opinion, that Defences.
againſt Profecutions for Corruption, or Oppreffion,
admit of more Narratives of this Kind, nay, of as
many as there are Crimes charged upon the Party;
fo it is not enough to deny the Crimes, without at-
tacking, by Proofs and Arguments, the State of the
Cafe, as laid down by the oppofite Party, fometimes
particularly, and fometimes generally. Can it be
improper in a Perfon who is accufed of corrupt
Practices, to acquaint the Court with the Characters
and Qualities of his Anceſtors, and with his former
Manner of Life; and then to fhow the Pretenfions
from his own and his Family's Merits, which in-
duced him to ftand for the Office? Or, when a Man
is accuſed of Oppreffion, will he not find his Advan-
tage in giving a Detail of his paft Life, and the
Caufes that expofed him to the Refentment of a
whole Province, of a fingle Accufer, or of a Wit-
nefs? All this is as much a Narrative, as is that of
Cicero in his firſt Pleading for Cluentius, where he
never once touches upon the Matter of poifoning,
but lays out the Caufes why his Mother became his
Enemy.
Some
BOOK IV. His INSTITUTES of Eloquence. 237
cr
Some Circumſtances may relate to a Caufe, with-
out being effential to the State of the Cafe, upon
which the Cauſe turns. For Example, in Cicero's
Pleading againſt Verres, he mentions Lucius Domitius,
who hang❜d a Shepherd who confeffed that he had
made ufe of a Hunting-Spear (c) in killing a Wild
Boar, though he had made a Prefent of that very
Boar to Domitius. Or, a Narrative may be thrown
in, in order to extenuate fome foreign Charge, as in
Cicero's Pleading for Rabirius Pofthumus.
"For, my
"Lords, when he came to Alexandria, the King's
only Purpoſe of trufting him with the Money
"was, that he might take upon him the Care of his
"Perſon, and defray the Expences of his Court."
Or, a Narrative may be introduced for the fake of
aggravating Matters, as Cicero does when he de-
fcribes the Proceffion of Verres. It may be as pro-
per, fometimes, to introduce a fictitious Narrative,
in order to awaken the Attention of the Judges; as
Cicero does in his Pleading for Rofcius againſt Chryfo-
gonus, which I have juſt now taken notice of. It
may fometimes be proper to put the Bench into good
Humour by a few Strokes of Wit, as the fame Ora-
tor does in his Pleading for Cluentius againſt the Bro--
thers, the Cepafii. A Narrative fometimes, by way
of Digreffion, ſerves to embelliſh a Pleading. Thus
Cicero, in one of his Orations againſt Verres, makes
mention of Proferpina: In thefe very Places, fays he,
we are told that the Mother fearch'd for her Daughter.
All the Obfervations I have now made tend to
prove, that the Party accufed, denying a Fact, may
(c) This Circumſtance is mentioned by Cicero in his fifth Plead-
ing against Verres. It feems, Domitius hang'd the Man, becauſe,
being
a Slave, it was unlawful for him to make uſe of any offen-
five Weapon.
properly
238 M. FABIUS QUINCTILIANUS Book IV.
properly enter upon a Narrative, nay, into a Narra-
tive of the very Fact that he denies.
But the Reader is not fimply, and without any
Reſerve, to underſtand the Rule I have laid down,
That it is needleſs to ſtate a Cafe when the Judge is
already Maſter of it. For, there I am to be under-
ftood, that the Judge is not only Mafter of the Cafe,
but looks upon it in a Light that is favourable for
us. For, the main Purpoſe of a Narrative is not
only to inform the Judge, but to bring him over
to our Reaſoning. Therefore, though we may not
need to inform a Judge, but to give him certain Im-
preffions, it is neceffary that we ſhould lay our Cafe
before him, but in a Dreſs fuitable to our Defign.
He may have a general Knowledge of what is paſt,
but he may require more particular Information as to
particular Facts. Sometimes we may pretend to be-
gin a Narrative, on account of fome new Member
taking his Place upon the Bench: Sometimes, that
even the By-flanders may be fully apprized of the
Injuſtice of what our Adverfaries advance. In all
thofe, and fuch like, Cafes, we are to avoid tiring
out thoſe Hearers who are already acquainted with
all the Particulars we lay down, by diverfifying our
Narrative by a Variety of Turns and Figures of
Speech. For Example: Surely, my Lords, you remem-
ber. Or, Perhaps it may be needless to dwell any longer
upon this Matter. But, I am explaining a Thing which
you, my Lord, know much better than myself. But, you
are no Stranger to that Affair.
!
It has often been doubted, whether the Narrative
ought immediately to fucceed the Introduction. They
who have maintain'd the Affirmative, are not deſti-
tute of Arguments to fupport their Opinion. For,
the Defign of the Introduction being to render a
3
Judge
Book IV. His INSTITUTES of Eloquence. 239
Judge more favourable, more tractable, and more.
attentive; and it being abfurd to bring any Proof of
a Cauſe that is not yet underſtood; the Narrative of
the Cafe ſeems naturally to come immediately after
the Introduction.
And yet the Circumftances of a Caufe may create
an Alteration in this Refpect; for we cannot ſuppoſe
that Marcus Tullius had not good Reafon for poſt-
poning his Narrative till he had difcufs'd the three
Queſtions he had laid down in his beautiful Pleading
for Milo, as it has come to our Hands thro' his
Pen (a). For would it have avail'd him to fet forth
the Manner how Clodius way-laid Milo, had it been
improper for him firſt to ſpeak in Milo's Defence
upon a Charge which he confefs'd, that of killing Clo-
dius; (b) to take off the Prejudices of the Senate against
Milo, or the public Opinion that Pompey was prepoffeffed
against him, and for certain Reaſons of State had fur-
rounded the Court with armed Soldiers? But I am of O-
pinion that all Confiderations of the like Nature
ought to be looked upon as Part of the Introduction,
becauſe they ſerve to prepare the Judges. But Cicero
in his Pleading for Varenus (c), even defers the Open-
ing of the Cafe till he has refuted the Allegations of
his Antagoniſt. This Method may be practifed to
great Advantage, when we are not only to repel an
Accu-
(a) The Reader who has perufed Cicero's Oration for Milo,
needs not perhaps to be inform'd, that it is not the fame he spoke.
For it received great Improvements from his Pen. Quintilian
here feems to diftinguiſh his written from his deliver'd Oration,
which was extant in the Time of his Commentator Afconius.
(b) Two or three Lines here follow in the Original, which, I
am of Opinion with fome Commentators, are intirely fpurious. [
have however tranflated them according to the Senfe they feem to
carry, but have put them in Italics, becauſe they have been ad-
mitted into all the printed Editions I have ſeen.
(c) Varenus] This Pleading is not extant. Some read Muræna,
but that Oration does not answer the Defcription here given of it.
240 M. FABIUS QUINCTILIANUS BOOK IV.
Accufation, but to transfer it to another, for the
Defence of the one ferves to introduce our Charge a-
gainſt the other. Thus we make ufe of Arms, firſt
to defend ourſelves, that we may the more effectually
attack our Enemies.
It happens pretty often, that it is an eafy Matter to
wipe away the Crime that is trying; but it may be
aggravated with many flagitious Practices, with
many heavy Charges againſt the Party's former Life.
All fuch Imputations muſt firſt be removed, that the
Judge may be lefs prepoffeffed, and more favourable
in hearing the Defence of the Point that really is to
be tried. Thus, when Marcus Cælius is defended
by Cicero, the whole of that great Orator's Pleading
turns upon refuting the Imputations brought againſt
him, for Luxury, for riotous Living, and every
Kind of Profligacy; all which he does, before he pro-
ceeds to the main Charge, that of Poiſoning. An
Orator, having thus clear'd his Way, will then by
Degrees proceed to mention the good Qualities of
his Client, and then open the Criminality of the
Charge, againſt which he is to be defended. But we
are miſled by the Method we learnt at School, where
all the Defence we make is pinned down to certain
fet Points, which we term Themes, and therefore
we imagine that the Narrative ſhould always imme-
diately fucceed the Introduction.
From this Notion Declaimers even take the liberty
of putting a Narrative into their Reply; now the
very
Reverſe ſhould be their Practice, for in pleading
for the Accufer, they are to open the Cafe, becauſe
they ſpeak first; but in their Reply, they are to re-
fute (a) whatever was advanc'd by the oppofite Party.
(a) The Original here is very incorrect: I have followed the
Reading that feem: beft to fuit with our Author's Senſe.
Now
BOOK IV. His INSTITUTES of Eloquence.
241
Now, as Declamation is intended only to fit a Stu-
dent for the Bar, why ſhould it not be made agree-
able to the Practice there? But being ignorant of
that Practice, they imagine when they come to the
Bar, that they are, in no refpect, to alter their
former Manner. But even, in School Exerciſes, it
fometimes happens, that a Propofition muſt ftand in
place of a Narrative. Suppofing their Theme leads
them to impeach a jealous Hufband for ufing his
Wife ill, or a beaſtly Fellow (a) whom they accuſe
for Immorality before the Cenfors. In fuch Cafes,
where has the Pleader any room for a Narrative,
when the whole Charge may be fufficiently pointed.
out by a ſingle Expreffion, which may ftand in any
Part of his Speech? But of this enough; I now
proceed to the Method of forming a Narrative, or
ſtating a Cafe.
A Narrative (b) is an Expofition of a Matter, in
which is contain'd either an Affirmation or a Denial
of a Fact, in that Manner which is moſt proper to
perfuade the Hearers to agree with the Speaker. Or
(a) Orig. Cynicum) Commentators and Tranflators have fuf-
fered this Word to pafs for Cynic, which I think cannot be our Au-
thor's Meaning, according to the Idea we have of that Term.
which in English and French fignifies no more than a four, fnarling,
morofe Fellow. I have therefore taken advantage of the literal
Signification of the Word, in order to render it a proper Subject
of Impeachment before the Cenfors.
(b) A Narrativ) Orig. Narratio eft rei factæ, vel ut fultæ :
"tilis ad perfuadendum expofitio. Tho' this is the Reading approv'd
of by Rollin, Gedoyn, and the Generality of Commentators, yet I
cannot help agreeing with the Margin of the Edition printed by
Robert Stephens, which inftead of ut jacta, reads, nonfata. The
non probably was thrown out from the fuppofed Abfurdity of
tating a Fact, that was not a Fact. But as our Author has been
at great Pains to prove that a Narrative may be proper for a Party
that affirms a Fact did not happen, and as this Definition is
p'ainly form'd from his Reaſoning on that Head, I have given my
Tranflation fuch a Turn, as to agree with the Reading ninfase.
R
as
242
M. FABIUS QUINCTILIANUS BOOK IV.
as Apollodorus defines it, it is a Speech calculated to
make the Hearer Maſter of the Point in Difpute.
Moſt Writers, the Followers of Ifocrates particularly,
require a Narrative to be concife, perfpicuous and
probable. I am of the fame Opinion, tho' Ariſtotle
differs from Ifocrates in one Refpect, for he ridicules
the Quality of Conciſeneſs, becaufe, he thinks, there
is no Medium, and that a Narrative muſt of Necef
fity be either long or fhort. The Followers of Theo-
dorus likewife, leave out Concifenefs and Perfpicuity,
becauſe they think, that it may not always be for a
Party's Advantage, that his Cafe ſhould be conciſely
and perſpicuouſly ſtated. I fhall therefore take care
to diſtinguiſh the different Kinds of Narratives, and
fhow where each can be moft advantageoufly em-
ploy❜d.
Now a Narrative muſt either be wholly in our Fa-
vour, or wholly in Favour of our Opponent, or
partly both. If it be wholly in our Favour, we are
then to give it the three Qualities, by which the
Judge may moſt readily remember, comprehend,
and believe it. Let none blame me if I recommend
to a Pleader, even when the Narrative is entirely in
his Favour, to cloath Truth itſelf with Probability.
For we are to reflect, it often happens, that Cafes are
true, and yet not credible; when others are falſe,
and yet probable. Therefore we are to be as follici-
tous in winning the Belief of the Judge, when we are
explaining a Truth, as when we want to eſtabliſh a
Fiction.
The Qualities that I here recommend, ought to
prevail thro' all the other Parts of a Pleading; for
thro' the whole of it we ought to avoid Obſcurity,
Extravagance, and Improbability. Mean while,
would chiefly recommend it in a Narrative, becaule
BOOK IV. His INSTITUTES of Eloquence. 439
a Judge depends on that for his firft Information,
and if it ſhould happen that he ſhould not remember,
or not underſtand, or not believe what we ſay, it
may be next to impoffible to fet him right in the fub-
ſequent Part of the Pleading.
Now a Narrative cannot fail of being plain and
perfpicuous, if it fets out with fuch Expreffions as
are proper and fignificant, but neither vulgar, finical
nor uncouth. In the next place, it muſt carefully di-
ftinguiſh Facts, Perfons, Times, Places and Cauſes,
and even the Speaker ought to deliver it in the Man-
ner that is beft fuited to make the Judge underftand
him with Eaſe.
This laft is a Quality which many of our Pleaders
neglect; for they cannot endure the awful Silence of
Attention, but court the Shouts of the Mob that is
either hired to applaud them, or ſtands round the Tri-
bunal by Accident. Such Pleaders think they are
never eloquent, unless they are fhaking the whole
Court by their Mouthings and Vociferation. They
imagine that to open, and to ftate a Cafe in Lan-
guage which other People uſes, belongs only to the
Illiterate and the Vulgar; and yet it is hard to fay,
whether, tho' their Will did ferve them, their Abili-
ties could, in going thro' this Tafk, cheap as they
feem to hold it. For the moſt Experienc'd in the
Practice of Eloquence, find nothing more difficult
than to fpeak, what every one who hears it thinks he
himſelf would fay upon the fame Occafion; becauſe
fuch Speeches are confider'd by the Hearers, not as
being artful, but true. Now, an Orator never fpeaks
fo well, as when what he fays is believ'd to be Truth.
But the prefent Mode is, for an Orator, when he
prances into the Field of Narrative, to fet up a Neigh-
ing, to cock his Ears, to caper about with all the
Symp-
R 2
244 M. FABIUS QUINCTILIANUS BOOK IV.
}
Symptoms of Extravagance and Wantonneſs through-
out all his Facts, Expreffions, and Difcourfe. The
Confequence is monftrous; many are pleas'd with
his Action, but none underſtand his Meaning. But
enough of this, left I get more Ill-will by blaming
what is faulty, than Approbation by recommending
what is beautiful.
A Narrative must be concife, if we begin with ex-
plaining the very Point, which is to come under the
Cognizance of the Judge. In the next Place, if we
fay nothing that is unconnected with the Caufe; and
in the laſt Place, if we retrench all Circumſtances
that may be retrenched without Prejudice either to
the Information of the Judge, or the Intereft of our
Client. It often happens that a Narrative made up
of many quaint Particulars, proves tedious upon the
whole; for Inftance, I came into the Harbour, I spy'd
a Ship, I ajk'd for how much she might be freighted, I
agreed to the Price, I went aboard, we weighed our An-
chors, flipt our Cables, and went upon our Voyage. Each
Particular here is told as concifely as poffible, and
yet the Speaker needed only to have faid, I failed out
of the Harbour. In like manner, as often as the E-
vent fufficiently points out what has preceded it, all
that has gone before will be underſtood, if we confine
ourfelves to the Event. Suppofing a Man, for In-
ſtance, had a mind to inform a Judge, that he had a
Youth for his Son; there is no Occafion for him to
begin with, My Lords, being defirous of Children, I
married a Wife, I begot a Son, I have given him Educa-
tion, and he is now become a Youth.
The Grecks diflinguiſh. between a Narrative that is
fhort, and one that is curtail'd; the one is void of
all Superfluity, and the other wants fomewhat that is
neceffary. For my part, I take Brevity, or Con-
cifeneſs,
Book IV. His INSTITUTES of Eloquence. 245
ciſeneſs, to confift, not in ſaying leſs, but in not ſay-
ing more, than is needful. As to Repetitions, Tau-
tologies, and Circumlocutions, which are condemned
by certain Writers upon this Art, I take them to be
Faults that ought to be avoided for other Reaſons,
than that of obferving Brevity, and therefore I but
just mention them here.
We are however with equal Care to avoid that Ob-
ſcurity which attends too great a Frugality of Words;
and of the two Faults, that of Redundancy is pre-
ferable to that of Deficiency. Our introducing what
is fuperfluous may be tireſome, but our retrenching
what is neceffary, must be dangerous. For that Rea-
fon, we ought even to avoid the concife Manner of
Sallust, tho' it is looked upon as one of his diftin-
guishing Excellencies; nor ought we to ftart from
one Subject to another. The Reader who has Lei-
fure to examine with Attention, will perhaps lofe
nothing by either of thefe Manners, but they may
eſcape a Hearer who has no Opportunity of hear-
ing them repeated. We are farther to obferve, that
the Man who applies himſelf to Reading, has gene-
rally fome Learning; whereas our Commiffioners for
hearing Cauſes generally come from the Country, to
the Courts of Juftice, where they are to determine ac-
cording to the Information they are Maſter of. There-
fore, perhaps, it may be right for a Pleader to confine
himſelf to a juft Mean; that is, in a Narrative to
ſpeak as much as is neceffary, and as much as is fuf-
ficient.
Now I would not have that Sufficiency reftricted
to a bare ſtating of Facts, becauſe there is an Ele-
gance which ought to be joined with Concifenefs,
otherwiſe it will partake of Rudeness. For we are
allured by what we like, and what gives us Pleaſure
R 3
nover
246 M. FABIUS QUINCTILIANUS Book IV.
never ſeems tedious. Thus, when we travel a great
Way, if the Road is pleafing and amufing, it fatigues
us leſs than a hard, rugged Road, tho' of much lefs
Extent. Nor fhall I ever be fuch an Advocate for
Conciſeneſs, as to exclude from it any Circumſtance
that can render the Narrative more probable. For
if it is too plain and curtail'd, it does not deſerve the
Name of a Narrative fo properly as that of a
Medley.
I am farther to obferve, that many Narratives run
out into confiderable Lengths thro' the Nature of
their Subject; and, as I recommended before, the
Judge muſt be prepar'd for attending to them, from
the very Beginning of the Introduction. In fuch
Cafes, a Pleader is to exert his utmoſt Art in making
them feem as fhort, or as little tedious, as poffible.
One Mean of making them feem fhorter is by de
ferring your Recital all you can, and yet mentioning
the Particulars which you defer; for Inftance, What
Reaſons he had for the Murder; the Parties he affociated
himself with, and the Manner, in which he way-laid the
Deceas'd, Ifhall fet forth in the Proof. Some Circum-
ſtances likewiſe that may lie in our Way, ought to
be fet afide. As, when Cicero fays, Fulcinius dies.
For, my Lords, I shall omit many Particulars in that
Matter, because they are foreign to this Caufe.
A judicious Divifion of a Caufe likewife abates the
Tirefomneſs of a Pleading; I will relate what hap-
pened before the Commiffion of the Fact; I will relate
what happened at the Time; and I will relate what fol-
lowed it. Thus the whole feems to be rather three
fhort Narratives, than a fingle long one. Some-
times it may be proper to throw in a fhort Interlo-
cution; You have heard, my Lords, in what Manner
the Thing was done, I am now to inform you of what
follow'd.
BOOK IV. His INSTITUTES of Eloquence.
247
follow'd. For a Judge's Attention is relieved by one
Part being brought to a Period, and he prepares
himſelf as for a freſh Beginning.
But if, notwithſtanding all the Arts that can be
practis'd, the Detail fhould run out into too great
a Length, we will find it of Service, at the latter
End of each Part, to make a Kind of Recapitula-
tion. Cicero does this even in the Middle of a fhort
Narrative. As yet, Caius Cæfar, Quintus Ligarius
is entirely blameless; he went from home upon no War,
nay not so much as upon the smallest Prefumption that a
War was to happen; and ſo on.
But let us confult our own Good-Senfe in advanc-
ing nothing that is repugnant to Nature, for that, a-
bove all other Things, gives to a Narrative an Air of
Probability. Let us next premife to Facts their
Cauſes and Motives; I do not mean all the Facts we
mention, but thoſe in Queſtion; and then we are to
form the Characters of Parties agreeably to the Facts
we endeavour to fix upon them. If we accufe a Man
of Theft, we are to reprefent him rapacious; if of
Adultery, luftful; if of Murder, audacious; and
we are to reverſe all theſe Characters in thoſe we
defend upon the fame Heads. We are likewife to
have a ftrict Regard to the Agreement of Places,
Times, and the like Circumſtances. There is a cer-
tain Kind of Management likewife that gives Credi-
bility to a Narrative, in the fame Manner as it does`
to dramatical Compofitions; one Circumftance fo
naturally follows and coincides with another, that if
you manage the firft Part of your Narrative fkilfully,
the Judge himſelf before-hand knows what you are
to advance next.
A Pleader will likewife find his Account in fprink-
ling, as it were, his Narrative with a few Seeds of
Proof,
R 4
248 M. FABIUS QUINCTILIANU3 Book IV.
Proof, but ftill fo as to remember, that he is narrat-
ing, and not proving. We may likewife confirm a
Propofition by an Evidence, but let it be fhort and
plain For Inftance, when we bring an Impeachment
for Poiſon; He was in Health, my Lords, when he
drank, he immediately dropt down dead, and his Body ap-
peared fwell'd and difcoloured.
The fame Effect follows, when we prepare the
Court by repreſenting the Party accufed as being
hardy, armed, defigning, a Fact he commits a-
gainſt the Weak, the Defencelefs, and the Unfufpect-
ing. In fhort, we are to dreſs out in our Narrative,
whatever we are to touch upon in our Proof; fuch
as, the Character of the Party, the Caufe, the Place,
the Time, the Inftrument, and the Occafion.
Sometimes we may be at a Lofs for thofe Circum-
ftances, and then we are to acknowledge that the
Thing feems hardly credible, but that ftill it is true,
and therefore the Party is to be deem'd more guilty;
that we cannot account for the Manner and Motives
of the Action, but that tho' the Matter be amazing,
we fhall, upon the whole, be able to prove it.
But the Appearance of Simplicity, of all other
Manners, has the beſt Effect in diſpoſing the Minds
of a Court in our Favour. Thus, when Cicero had
premifed, to great Advantage, every Thing that could
make it appear that Clodius way-laid Milo, and not
Milo, Clodius, the fly Infinuation he throws in, with all
the Appearance of Simplicity, has a prodigious Ef-
fect. Milo, fays he, who had been that Day in the
Senate-Houfe, as foon as the Senate broke up, came home,
fhifted his Shoes and his Cloaths, and, as ufual, waited
a little, while his Wife was getting ready: With what a
cool, undefigning Air Milo does all this! And that
great Maſter of Eloquence raifed that Effect, not
only
Book IV. His INSTITUTES of Eloquence. 249
only from the Circumſtances of Delay and Slowneſs,
which he introduces, but by plain, common Expref-
fions, without the leaft Show of the Art he uses
Had he ſpoke them in an animated, glowing Man-
ner, he might have rouſed up the Jealoufy and the
Distrust of the Judge againſt his Client. Moft Peo-
ple will accufe this Manner with being cold and life-
lefs, but the very Circumftance of the Reader's not
attending to the Delicacy that is couch'd here, is a
Proof how well it is calculated to impofe upon a
Hearer.
I have now difcufs'd the Requifites that give Cre-
dibility to a Narrative. As to guarding againſt Con-
tradictions or Inconfiftencies in a Narrative, if a Man
requires any Cautions upon that Head, all Inftruc-
tion is loft upon him. And yet fome Writers upon
this Art have given Rules of that Kind, which they
have valued as great Curiofities, and Diſcoveries of
their own Sagacity.
To the three Properties of a Narrative which I have
mentioned, fome have added Sublimity. But moft
Cauſes cannot admit of this Property; for what has
Sublimity to do with private Bufinefs, with Loans of
Money, with Leafes, with Bargains, Injunctions,
and the like Matters; and from the Example I have
given from Cicero's Pleading for Milo, it may often
be not to the Purpofe. Befides, we are to remember
there are many Caufes in which we have Occaſion to
admit, to excuſe, and to ſubmit what we are offering
to the Court; and Sublimity of Expreffion is utterly
inconfiftent with fuch Matters. Sublimity of Ex-
preffion is therefore no more a peculiar Character of
a Narrative, than Compaffion, Invective, Seriouf
nefs, Smoothnefs, or Wit are; all of which do ex-
tremely
250 M. FABIUS QUINCTILIANUS Book IV.
tremely well in their proper Places, but have no pe-
culiar fix'd Station in the Narrative.
The Property likewife which Theodectes affigns, as
being peculiar to the Narrative, is in common to all
its other Parts; for he does not only require it to be
fublime, but agreeable likewiſe.
To thofe Properties fome add Roundness. But I
muft not here conceal that Cicero has affign'd ſtill
more Properties to a Narrative; for befides Plainnefs,
Conciſeneſs, and Probability, he requires it to be
round, characteriſtical, and ſuitable to the Occafion.
Now the characteriſtical Style implies, its being
fuited as much as poffible to the Occafion. As to
Roundneſs in a Narrative, if I underſtand the Term,
it is a certain powerful Operation of Language, which
not only ſpeaks the Truth, but in fome meaſure
paints it to our Eyes; it may however be rank'd
under the Head of Perfpicuity; and yet fome have
thought that it may hurt a Cauſe, becauſe, in Cauſes,
Truth ought fometimes to be difguis'd. But this is
a ridiculous Doctrine, becauſe the Man who dif-
guiſes a Narrative, does not advance Truth, but Falf-
hood; and, even in that Cafe, he ought to make all
he fays as plain as poffible.
But as we are, by chance, as it were, come to
the more difficult Kinds of Narratives, let us now
treat of thoſe in which the Matter of Fact lies againſt
us; and in fuch Cafes fome have been of Opinion,
that the Narrative ought entirely to be omitted. No-
thing is more eafy than that, unless it is for one not
to open his Mouth at all upon the Subject. But if
you ſhould have your own Reaſons for undertaking a
Cauſe of this Kind, what Purpoſe can it ſerve to con-
feſs by your Silence the Injustice of your Caufe? And
what Abſurdity would it be to imagine, that a Judge
2
will
BOOK IV. His INSTITUTES of Eloquence, 251
will be fo ftupid as to determine in Favour of what
he knows very well, you have concealed from his
Knowledge. Mean while, I am very fenfible, that,
in a Narrative, fome Matters are to be denied, fome
ought to be added, others alter'd, and in like Man-
ner, fome ought to be conceal'd; but ftill we are at
liberty to conceal only what is proper to be fup-
prefs'd. But this fometimes is done in order to avoid
Tedioufnefs; as for Example, when we fay, He an-
fwer'd what he thought proper.
Let us therefore diftinguiſh the Kinds of Cauſes;
for, where the Point does not turn upon the Matter
of Fact, but of Law; tho' the Matter is againſt us,
we are at liberty to confefs it; as for Inftance, Such a
Party carried Money out of the Temple, but it was pri-
vate Property, therefore he is not guilty of Sacrilege.
Such a Man has debauch'd a Virgin, but notwithstanding,
it ought not to be in the Father's Option to put him to
death, or make him marry her. Such another has com-
mitted a violent Aſſault upon a Freeman, who afterwards
bang'd himself, but the offending Party ought not for that
to be capitally punished, but pay the Fine to which the
Law condemns him. But in Confeffions of this Kind
there is ſtill fome mollifying Circumftance which may
foften the bad Impreflions which our Adverfary's
Speech may have occafion'd; nay, our Slaves are at
liberty to fay all they can by way of Apology for their
Offences. Some Circumftances too may be miti-
gated by ſeeming, not to recount them; for Inftance,
The accus'd Party, my Lords, did not, as the Impeacher
alledges, enter into the Temple with a premeditated De-
fign to rob it, neither did he spend any Time in concerting
the Robbery. No; he was tempted by the Opportunity
and the Abfence of the Guards, which had too great Pre-
valence over buman Infirmity. But that is nothing to the
Purpose;
252 M. FABIUS QUINCTILIANUS BOOK IV;
Purpose; he has been to blame, he has been guilty of
Theft; I pretend not to defend a Crime, of which he is
ready to undergo the Penalty. Sometimes it may be
proper to put ourſelves in the wrong. For Exam-
ple: "Shall I fay that you was impell'd by Liquor;
that you fell into a Miftake; that you was deceived
by the Darkness of the Night? All theſe Circum-
"ſtances may be true, but ftill you have violated a
"Freeman; therefore you are to pay the Fine, which
"the Law impofes."
Sometimes we may fortify our Caufe by a Propo-
fition, and then we may explain it. Every Circum-
ftance is againſt the three Sons, who confpired againſt
the Life of their Father. Every one of them drew
Lots, who fhould murder him by Night; accord-
ingly, one by one, they enter his Bedchamber, but
none of them had the Power, or Refolution, to kill
him; and, when the Father awoke, they confeffed
their Guilt. But if, notwithſtanding, the Father, in-
ftead of difinheriting of them, as the Law directs,
fhould divide his Eftate amongst them, and turn
their Advocate against the Charge of Parricide, he
will plead in this Manner. Theſe young Men are ac-
cuſed of having violated the Laws of their Country, by
being guilty of Parricide, though their Father is yet alive,
and appears in their Defence. As to the Manner of the
Fact, there is no Occafion to enter upon a Detail of that,
as it comes not under the Defcription of the Law. But,
if you require me to confefs in what I have been to blame,
I own that I have been a fevere, clofe-fifted, Father; and
have lock'd up that Money, which they can now manage
to more Advantage than I can. He may then alledge,
"That his Sons were prompted to the Attempt by
"Sons whofe Fathers were more indulgent; but
"that the Event clearly demonftrates, that, in their
"Hearts
2
BOOK IV. His INSTITUTES of Eloquence. 253
"Hearts, they abhor the Crime of murdering their
46
Father, becauſe they could not put it in Execu-
"tion. As a farther Proof than that, what Occa-
"fion was there for binding themſelves by Oath to
"do a Thing that was voluntary; or why draw
(6 Lots, but becauſe each wanted to excufe himſelf
"from making the Attempt?" All theſe are Cir-
cumſtances that make an Impreffion upon the Mind,
after it has been mollified by the firft Propofition.
But, when the Queftion is, whether fuch a Thing
is Fact, or what the Nature of the Fact is? fuppofing
that every Circumftance turns against us, yet ftill I
cannot ſee that it is poffible for us to avoid a Narra-
tive, without doing Prejudice to our Caufe. The
Impeacher has already laid out a Narrative, in which
he has not confined himſelf to bare Matters of Fact,
but he has aggravated them, he has embitter'd and
envenom'd them by his Expreffion, he has ftrength-
en'd all he ſaid by his Proofs, he has fired the Bench
by his Peroration, and has left his Hearers full of
Refentment in his Favour. The Judge, therefore,
naturally looks for our Manner of ftating the Cafe;
if we give no State of it, the neceffary Confequence
is, that he believes every Thing, and every Aggra-
vation, that has been offer'd by our Adverſary.
But how, it may be faid, are we to give a Narra-
tive of the fame Matters that have been laid down
before? My Anfwer to that is, That if the Cafe
turns upon the Quality of the Action, which it ne-
ceffarily does when both Parties are agreed upon the
Fact, we are to recount the fame Matters, but not in
the fame Manner; for we are to affign them other
Motives, and account for them differently, and upon
very oppofite Principles. Some Things admit of be-
ing mollified in the Expreffion. Thus, Luxury may
be
254
M. FABIUS QUINCTILIANUS BOOK İV.
be foften'd into Gaiety, Avarice into Frugality, and
Heedleffness into Simplicity. In fhort, we are to
employ our Look, our Voice, and even our Dreſs,
in order to gain fome Point, either of Advantage or
Compaffion, to our Caufe; and it has been feen, that
the very Confeffion of a Fact has drawn Tears from
an Audience.
Give me leave now to afk, Whether a Pleader can
enter upon the Defence of a Matter which he has
not ſtated? Now, in my Opinion, if we neither enter
upon a Narrative, nor a Defence, we betray our
Cauſe; but, if we are to enter upon a Defence, it
certainly is proper to ftate the Matters which we are
to prove; confequently, Why are we not to ftate
thofe Matters which we are to contradict? And, in
order to do this, it is neceffary we fhould unfold
them. Or, where is the Difference between a Proof
and a Narrative, unleſs that the Narrative lays down.
an uninterrupted Propofition of what is to be proved,
and the Proof is a Confirmation agreeable to the
Narrative?
Let us, therefore, now examine, Whether a State
of Facts, in the Cafe I have mentioned, does not re-
quire to be more enlarged and diffufed, on account
of the Preparation, and Evidences, which it is to
contain, and by which we expect to carry our Point.
I mention Evidences, in Contradiftinction to Rea
fonings, which, in the mean while, is greatly affifted
by a pofitive Manner of fpeaking. For Inftance,
when we affirm that it is impoffible to know where
the Streſs of our Caufe lies, from the firft State of
Facts; when we beg the Judges, while they attend,
to ſuſpend their Opinion, and affure them that we
fhall make good our Point. In fhort, we are, ast
often as Occafion prefents, to give our Narrative
a Turn,
BOOK IV. His INSTITUTES of Eloquence. 255
a Turn, and Complexion, quite different from that
of our Opponent. In fuch Caufes, we may as well
diſpenſe with the Preamble, the chief Purpofe of
which is, to render the Judge more favourably dif
poſed to hear our Repreſentation of the Matter. In
the mean while, it is certain that this Purpoſe is ne-
ver fo neceffary, as when we are to difabufe the
Judge of the Prejudices and Prepoffeffions he enter-
tains againſt us.
With regard to conjectural Cauſes, where the
Trial turns upon the Dubiety of a Fact, the Expo-
fition which they require does not ſo immediately re-
gard the Matter in queftion, as the Circumſtances
by which it is to be evidenced. Now, as we may
ſuppoſe that the Profecutor puts the worſt Gloſs
upon every thing that he advances, the Defendant is
to take off all the Impreffions he may have made,
and therefore the Affair muſt be reprefented to the
Judge in two quite different Lights.
But, fay fome, fome Evidences have no Force,
but by their being connected and accumulated; for,
when detach'd and ſeparated, they are flight and un-
availing. To that I anfwer, that the Objection can
only affect the Manner of ftating a Cafe, and not
the Queſtion, whether a Cafe ought to be stated at
all. For, nothing is to hinder a Pleader, when it is
proper to connect, and accumulate together, a Va-
riety of Evidence in his Narrative, to promiſe that
he will explain it elfewhere, and in a more proper
Place; to divide his Narrative; to prove every Cir-
cumftance as he touches upon it, and fo proceed to
what follows.
For, I do not agree with thofe who are of opinion
that a Narrative ought to proceed in the Order of
Facts as they happen'd; no, I am for obferving that
Order
256 M. FABIUS QUINCTILIANUS BOOK IV.
Order of Facts which is moft for the Intereft of our
Caufe; and we have a Variety of Experience to af
fift us in that Practice. For, when we leave out a
Matter in the Order that it happen'd, that we may
introduce it to more Advantage in another Place, we
may pretend that it had eſcaped our Memory. Some-
times we may tell the Court, that we chufe to repre-
fent Facts in fuch an Order, becauſe it will throw
great Lights upon the Caufe; but that we ſhall foon
refume the Thread of our Facts. Sometimes, after
we have explain'd the Matter, we may add the Mo-
tives that occafion'd it; for, in our pleading for a
Party, we are not to be tied down to any one invari-
able Rule, but we are to confider what is moft fuit-
able to the Nature, and the Circumftances, of our
Caufe; and we are to act as Surgeons, who either
cure a Wound immediately, or, if the Cure requires
Time, bind it up.
In the mean while, I even think it no Impropriety
to repeat a Narrative. Cicero has done this in his
Pleading for Cluentius; and it is not only allowable,
but, in fome Cafes, neceffary. For Example, in all
Caufes of Corruption, and in all complicated Cafes;
for none but a Madman will, through any fcrupu-
lous Attachment to Rules, be diverted from the
Manner which the Nature of his Caufe requires.
For this Reaſon the Narrative generally goes before
the Proof of a Caufe, that the Judge may be Maſter
of the Point that is to be tried. Now, if every Cir-
cumftance either requires to be proved, or refuted,
why ſhould not every Circumſtance be laid down in
the Narrative? I can fay for myſelf, if my Experi-
ence and Practice, can communicate any Degree of
Authority to what I advance, that I ufed that Man-
ner at the Bar, as often as I faw it for the Intereft of
my
Book IV. His INSTITUTES of Eloquence. 257
iny Client, and that too with the Approbation, not
only of the beſt Judges, but of the whole Court.
Let me not be accuſed of Arrogance, (for if I ad-
vance ought but what is Truth, many Pleaders, my
Cotemporaries and Affociates, are yet alive to refute
me) if I add, that it generally was allotted to me to
eſtabliſh (a) the Proofs of a Caufe. Mean while, I
am far from faying, that it is not often proper to fol-
low the Order of Facts; nay, fometimes we cannot
deviate from it, but with the utmoſt Impropriety.
For Inftance, how can you introduce into a Narra-
tive; First, that a Woman bore a Child, and then con-
ceiv'd it? Or, that a Teftament was open'd, and then
fealed? In fuch Cafes, if you make mention of a
latter Circumftance, you are to omit what preceded
it.
*
(b) Orig. Ferè ponende à me caufæ officium exigebatur.] As
the Narrative and the Proof were connected together, Quinctilian
therefore executed both Parts. I cannot however apprehend,
that Commentators have perfectly well underſtood the Practice of
the Roman Courts of Juftice. They tell us, upon the Authority
of Afconius, that feveral Advocates were generally concern'd in
the fame Caufe, and that one was appointed for the Introdu&ion,
another for the Narrative, and fo on thro' every other Part of the
Pleading. But I can fee no Manner of Reafon for a Suppofition
of this Kind. Such a Practice muit be both abfurd and ridiculous,
and we find no Inftance of it in Cicero, though Commentators ob-
ferve, that Afconius mentions him, as being generally employ'd in
the Epilogue, or the winding up. I must therefore be of Opinion,
that every Orator went through all the Parts of the Caufe that
were neceffary to be ſpoken to, but that fuch and fuch Parts were
more and peculiarly labour'd by fuch and fuch Speakers. In the
Cale of Milo, for Inſtance, Asconius, in his excellent and inſtruc-
tive Argument prefix'd to Cicero's Pleading, informs us of a vaſt
Number of material Facts, which Cicero takes no manner of notice
of but were very poſſibly ſpoke to by other Pleaders, and at diffe-
rent Times, while that Cauſe was depending. Cicero, however,
has very induftriofly labour'd the Question upon the Quality of
the Crime, and has exerted himfelf with inimitable Talents in the
winding up, but at the fame time his Pleading has all the conftitu-
ent l'aits of an Oration.
S
Some*
258 M. FABIUS QUINCTILIANUS Book IV.
One
Sometimes Falfities are advanced in a Narrative,
of which two Kinds are in Practice at the Bar.
depends upon Evidence: For Inftance, Publius Clo-
dius, from the Confidence he repofed in his Witneſſes, af.
firm'd, that he was at Interamna the Night he commit-
ted Inceft at Rome. The other Kind is fupported by
the Wit and Abilities of the Pleader, and fometimes
confifts entirely in giving the Complexion, or Var-
niſh, of Truth to certain Circumſtances; and fome-
times in miſrepreſenting the Matter in queftion. But
in both Cafes we are to take particular Care to ad-
vance nothing that is impoffible. In the next Place
let all our Allegations agree with Characters, Places,
and Times; let them be probable, with regard to
their Motives and Order, and, if it comes in our
Way, let us connect them with fome real Truth, or
confirm them with fome Evidence that has Relation
to the Caufe. For by indulging ourfelves in bring-
ing Evidences quite foreign to the Queftion, we be-
tray our Cauſe, becauſe it is then fuppos'd we are
ſpeaking juſt as we pleaſe.
Above all Things we are to take care never to
advance Inconfiftencies; a Practice into which a
Speaker is very apt to fall, when he launches out in-
to Fiction. Some Circumſtances may agree per-
fectly well with others, but be inconfiftent upon the
whole. We are likewife to take care never to ad-
vance any Thing that contradicts any Fact that has
been eſtabliſhed as prov'd. Now a Speaker ought
always to remember the fictitious Part of his Plead-
ing, becauſe Fiction is very apt to cfcape the Me-
mory, and no Saying is more true than that, Liars
ought to have good Memories. We are likewife to remem-
ber, (if we are pleading our own Cauſe) that we are
to
Book IV. His INSTITUTES of Eloquence. 259
to lay down one Fact, to which we are invariably
to adhere; but if we plead that of another, we are
at Liberty to throw out a thouſand queſtionable Cir-
cumſtances.
In certain Declamations, however, the Speaker has
a Liberty of enumerating all the Circumftances that
can be advanced by Way of Reply, when we fup-
poſe a Party not to reply to the Queftions that are
afk'd him. But we must take care that our Fictions.
are not of that Sort, as to admit of being difprov'd
by Evidence. Some arife entirely from our own
Suggeſtions, and are confined within our own Breaſts.
Some we may reft upon the Authority of the Dead,
and therefore they do not admit of being difprov'd.
Some may be for the Intereft of the Party, who can,
but will not, difprove them. We may even palm
fome upon our Opponent, becaufe his Averment to
the contrary will go for nothing. As to Dreams
and Superftitions, they are now become fo ftale,
that they have loft all manner of Effect.
But in Narratives no Varnish ought to be made
ufe of, unless it is of the fame Complexion with the
reft of the Pleading, eſpecially as fome Facts admit
of no other Proof but bold Averments and Perfeve-
rance. For inftance, The Parafite, who claim'd a
young Man, who had been thrice difinherited by a
rich one, and difcharged of all Allegiance to him, as
his own Son. That Parafite, 1 fay, had a colour-
able Pretence for his Claim, by alledging, that his
Poverty was the Caufe of his expofing his own Infant,
that he affumed the Character of a Parafite, or Hanger
on, to the rich Man, merely becauſe the young
Man, his Son, lived in his Houfe, and that it appear'd
he was not the Son of the rich Man, becauſe he was
thrice difinherited, though nothing came out againſt
S 2
him.
260 M. FABIUS QUINCTILIANUS BOOK IV.
him. But unleſs this Parafite has the Skill, thro' the
whole of his Pleading, to exprefs a paternal Love
even in the warmest Manner, and his Fears for the
young Man, who is living in a Houfe where he is
mortally hated, he muſt be fufpected to be no better
than an occafional Claimant.
I do not know whether it is poffible for a Circum-
ſtance to happen in real Life, that often happens in
School Declamations, that each Party makes ufe of
the fame Allegations, and turns the fame Weapons
againſt the other. For Inftance, a Wife informs her
Huſband that his Son had attempted to debauch her,
and that he had appointed a Time and Place for
that Purpoſe. The Son on the other hand makes an
Information against his Stepmother upon the very
ſame Fact, but naming a different Time and Place.
The Father finds his Son in the very Place mentioned
by the Wife, and the Wife in the Place mentioned
by the Son. Upon this he turns away his Wife, who
makes no Defence, and he difinherits his Son. In
this Cafe the fame Allegations that ferve for the Son,
ferve for the Stepmother. They are, however, to be
fet againſt one another, and the Judgment we form
muſt refult from a Comparifon of Perfons, from the
Circumſtances of the Information, and from the Si-
lence of the Woman, when he is divorc'd. We
ought likewiſe to remember, that fome Facts are of
fuch a Nature as to admit of no Varniſhing, and yet
they muſt be defended: As for Inftance, The rich
Man who was profecuted for Damages for cudgelling
the Statue of one poorer than himfelf, whom he
hated. Now, nobody can ſay that this was the Ac-
tion of a Man in his Senfes, and that an Action may
not be brought (whether it is brought or not) againſt
the rich Man.
*
We
BOOK IV. His INSTITUTES of Eloquence. 261
We are now to enquire whether a Narrative is to
be blended or diftinguiſh'd, when Part of it is in our
Favour, and Part of it makes againſt us; and this
we can only do by the Circumftances of the Caufe.
For if the unfavourable Parts of it are moſt nume-
rous, they must prevail over the favourable. For
that Reaſon, the beft Method in fuch a Cafe is
to diſtinguiſh them, by explaining and proving every
Circumftance that is in our Favour, and by employ-
ing the Methods I have already recommended againſt
whatever offers to our Prejudice. If the favourable
Circumftances preponderate, we may connect them
with the unfavourable ones, that we may uſe the
latter by way of Auxiliaries, which we may difpofe
of at our Pleaſure, but fo as may beſt ſerve our own
Purpoſes. Yet we are not to expose them quite naked,
for we are to find out fome Reaſons to make the
Court believe they are employ'd for our Service, by
connecting them with Circumſtances that diveft them
of all Credibility. Now, unlefs we make this Di-
ftinction, the favourable Circumstances may be af-
fected by the Complexion of the unfavourable ones.
In Narratives it ufually is a Rule to make no Di-
greffion; to fay nothing but what is addrefs'd imme-
diately to the Judge; to fpeak in no Character but
one; and never to pretend to reafon upon the
Facts we lay down; and fome have recommended
our not touching upon the Paffions. All thofe Rules
are generally to be obferv'd, nay, we are never to de-
part from them, but upon very cogent Occafions,
in order to render our Narrative more confpicuous
and concife.
And indeed, in Pleadings, it is very feldom proper
to launch into Digreffions; in them we ought always
to obferve Concifenefs, and never to digrefs; lut
5 3
when
262 M. FABIUS QUINCTILIANUS Book IV.
when the Impetuofity of the Paffion, we are fuppofed
to be affected with, feems to carry us beyond the uſual
Method. Thus, Cicero, when he is ftating the Cir-
cumftances of Soffia's Marriage, Incredible Wickedness,
fays he, of a Woman! Wickedness that in this Life has
no Parallel! What unbridled, ungovernable Luft! What
matchless Prefumption! If she apprehended nothing from
the Vengeance of the Gods, or the Deteftation of Men,
ought he not to have been truck with the Awfulness of
that Night; with thofe nuptial Ceremonies, with the
Sight of the Marriage-Bed, with the Bedchamber of ber
Daughter, and even with the very Walls, the filent Wit-
nefes of her former Marriage.
•
Sometimes a Speech not immediately addrefs'd to
the Judge, conveys an Information with more Con-
cifeneſs, and more Force. Upon this Head I re-'
commend the fame Rules I did, when I treated of
the Introduction, and of the Profopopoeia. This Man-
ner has been practifed not only by Servius Sulpitius,
in his Pleading for Aufidia, when he fays, Can I fuppofe
that you was overpower'd by Drowsiness? or that you la-
bour'd under a Lethargy? but alfo by Cicero; for when
he mentions the Ship-mafters in his Pleading againſt
Verres, he makes uſe of the fame Manner; You shall pay
jo much for Liberty to fee your imprifon'd Children, and
fo forth. Nay, in his Pleading for Cluentius, does
not the Conference between Stalenus and Bulbus con-
tribute greatly both to abridge the Narrative, and
give it Credibility? It is very improbable that he
fell into this Manner at Random, becaufe in his ora-
torial Partitions he lays it down as a Rule, That a
Narrative ought to be fmooth and furprising, that it ought
to keep us in Sufpence, to contain amazing Events, and to
edmit of perfonal Conferences; all which Manners are
calculated to touch the Paffions,
1
Book IV. His INSTITUTES of Eloquence.
263
I have already obſerv'd that a Narrative never ad-
mits of arguing, tho' it may fometimes have Argu-
ment; as when Cicero, in his Pleading for Ligarius,
fays, that his Behaviour in the Government was fuch as
rendered the Preſervation of the Peace the great Object of
his Concern. When our Subject requires it, we are to
infert in a Narrative, but briefly, both a Defence,
and the Motives of what was done. For our Narra-
tive ought not to be that of a Witness, but of an
Advocate. A naked Fact may lie as follows; Quin-
tus Ligarius went into Africa as Lieutenant-General un-
der Caius Confidius. But how does Cicero cloath this
Fact? Quintus Ligarius, fays he, before there was any
Appearance of a War, went as Lieutenant-General under
Caius Confidius, into Africa. When he mentions
the fame Thing in another Place, he fays, That he
went from home upon no Expectation of War, nay, not fo
much as upon the ſmalleſt Prefumption that a War was to
happen. And when it was fufficient, for the Sake of
Information, to fay, that Quintus Ligarius fuffered
bimſelf to be incumber'd with no Buſineſs, he ſays, that
he long'd to be with his Family, and that he paffionately
wifhed again to enjoy his Friends; by fuch Means Cicero
render'd his Narrative both probable and pathetic.
I am therefore aftoniſh'd that Writers ſhould debar
a Pleader from ufing in a Narrative any Means to
touch the Paffions. If they only think that they
ought not to dwell fo long upon the pathetic Part, as
they do in the Winding-up or Epilogue, I agree
with them. For we ought by no means to be te-
dious. But why am I not to inform a Judge in fuch
a Manner as to touch his Paffions? If I can, at the
very Entrance upon my Speech, accomplish the very
End which I propofe to effect at its Conclufion, why
am I not to do it? Efpecially as in the probatory
£ 4
Parts
264 M. FABIUS QUINCTILIANUS Book IV.
Parts I can more eafily make an Impreffion upon his
Mind, when it is poffefs'd either by Refentment or
Compaffion.
Does not Cicero, when he has Occafion to mention
a Roman Citizen being whipp'd, in a very few Words
touch every Spring of Paffion in the Soul? by not
only mentioning the Quality of the Sufferer, the
Place where he fuffered, and the Manner of his Suf-
fering, but the Magnanimity of the Perfon himſelf;
which was proved, by no Groans, no Supplications
eſcaping from him while he was lafh'd by the Lictor.
For all he did was to call out aloud, that he was a
Roman Citizen, which exafperated his Tyrant, and
more loudly proclaimed the Injustice done him,
How was it in the Cafe of Philodamus under the Cru-
elty of Verres? Does not the Narrative there work
us into a Blaze of Hatred? Does not the Puniſh-
ment fill our Eyes with Tears? When the Orator
rather paints than recites the mournful Condition of
the Father and the Son, each bewailing the calami-
tous Death of the other. Can any thing more af-
fecting enter into the Winding-up of a Speech?
Now we are to reflect how tedious it is to wait till
the Winding-up, if we can affect the Paffions, with-
out any Manner of Rifque, in the Narrative. The
Facts are familiar to the Judge; he hears without
any Emotion of Mind, a Repetition of the Things
that did not affect him, when he heard them at firſt.
And it is no eafy Matter to alter a fettled Habit.
For my own part, tho' what I have now to fay refts
rather upon Experience, than Precepts, I am of O-
pinion that the Narrative ought to be embellifh'd with
as much Elegance, and with as many Beauties as any
other Part of the Pleading. But that in a great
Mcafure depends upon the Complexion of a Cauſe.
For
BOOK IV. His INSTITUTES of Eloquence. 265
For in Matters of finall Moment, fuch as Cafes
of private Property generally are, the Drefs of the
Narrative ought to be modeft, and fuited to the Sub-
ject. We are there to be delicate in the Choice of
our Expreffions, which in the perfuafive Parts of the
Pleading have a Glow, are rapid, and diſguis'd amidſt
an univerfal Copioufnefs of Language. In the Nar-
rative every Word ought to be fignificant, and, as
Zeno fays, fentimental. No Art ought to appear in
the Compofition, but it ought to be extremely ele-
gant, and to admit of no poetical Figures, or any
manner of Speaking that is not adopted by the Au-
thority of the Antients. The Diction fhould be as
pure as poffible; it ought to relieve the Mind by its
Variety, and enliven it by its Tranſitions; and to a-
void a Similarity of Cadence or of Periods, and a
Sameneſs of Expreffion. For a Narrative in a Matter
of fmall Confequence is deprived of the little Arts
that deck out the other Parts of a Pleading, and if
deftitute of Elegance, it muſt make a poor Appear-
ance indeed. Add to this, that no Part of the Plead-
ing requires more Attention from the Judge, and, for
that Reaſon, it must go for nothing, if it is amifs.
Befides, there is a certain unaccountable Principle in
Mankind, which induces them to believe with the
greateſt Readiness the Things that are told with the
greateſt Beauty, and even the Pleaſure they feel,
wins the Affent of their Underſtanding.
But, in Matters of great Concern we are at liberty
to employ Invectives againſt what is criminal, and to
call for Compaffion for what is piteous; and this not
with a Defign of finishing the Movements of the
Paffions, but of marking out their Operations, fo as
that the Outlines may give us an Idea of the full Re-
prefentation
266 M. FABIUS QUINCTILIANUS Book IV.
preſentation of the Figure. I am not even againſt
fpiriting up the Judge by fome lively Sally of Wit,
when he is fatigu'd with long attending a Caufe,
eſpecially if it can be done by throwing in fomething
that is very conciſe; as when Cicero ſays, the Slaves of
Milo then acted, as every Man would wiſh his own Ser-
vants should alt, were be in the like Circumstances.
Sometimes a Pleader may talk a little more freely, as
the fame Orator does in his Pleading for Cluentius ;
the Stepdame, fays he, weds her Son-in-law; no reli-
gious Rites obferved, no lawful Authority confulted, and
every Omen denouncing Vengeance against the Match. If
fuch Language was made ufe of at the Bar, in an
Age when Pleadings were calculated not for Oftenta-
tion but Utility, and when the Courts of Justice were
ftrict and fevere, what Liberties may we not in-
dulge at this Time, when Pleaſure breaks in upon
Trials even for Life and Fortune. I fhall in another
Place point out, how far we are to take advantage of
this faſhionable Failing. Mean while, I own that I
think fome Advantage ought to be made of it.
A Repreſentation of Circumſtances, which as it
were paints a Tranſaction to the Eyes of the Hearers,
is of vaſt Service in a Pleading. Such is the De-
ſcription which Marcus Cælius gives of Antony, in the
following Paffage.
Flis Domeftics, fays he, found him overpower'd with
inebriated Sleep, fncring out his very Lungs, and belching
as he fnor'd. Some Ladies of his Pleafure lay promifcu-
ouſly upon Beds, others around him on the Flcor, as
Chance or Drunkenness directed, intermingled with the
Relifts (a) of their Debauch. The Ladies however, a-
larmed
(a) Relicts There is a double Reading here in the Original,
fome Copies reading rel quas, and 'ome reliquias; I have admitted
both into the Tranflation. Mr. Rollin has not admitted this Paf
fage
BOOK IV. His INSTITUTES of Eloquence, 267
larmed at the Enemies Approach, awaken'd in dreadful
Confternation, and endeavour'd to rouse their Hero, but
all in vain; one bawl'd out his Name, another clung a-
bout his Neck, a third whimper'd in his Ears, while a
fourth was boxing them; but all was to no purpose. The
moft they could do was to bring him to a drowsy Difcern-
ment of their feveral Touches and Voices, to which he had
been fo long familiar, and he grop'd about to embrace the
Miftrefs that lay next him; for tho' Drowfinefs kept him
from awaking, and Drunkenness from acting, yet be
could not be faid to be either afleep or awake; and in this
Condition he was tumbled and toſſed about in the Arms of
his Pimps (b) and Whores. Surely no Drawing was
ever more like, no Reproaches were ever more fting-
ing, no Colouring was ever more natural, than what
we find in this Defcription.
I muſt not here omit obferving, that the Authority
of the Speaker gives great Weight to his Narrative.
This Authority is owing chiefly, tho' not entirely, to
perfonal Virtue, which every Man ought to afpire
after; but a great deal lies in the Manner of Speak-
ing. For the more weighty and ferious the Style of
a Pleader is, the more effectual it will be in enforcing
whatever he lays down as a Fact. This Part of
Pleading therefore, above all others, ought to be void
of every Appearance of Deceit, for here the Judge is
particularly upon his Guard; it must contain nothing
that
fage into his Edition, for no other Reafon that I can think of, but
Over-delicacy; for the Defcription it contains, is work'd up with
prodigious Wit and Humour, and answers extremely well to the
Manner which Quinctilian is recommending. As to the hiftorica.
Fact, I do not recollect upon what Occafion it happen'd, but :
feems to allude to Marc Antony being furpriz'd by an Enemy, e
ther in a Town or a Camp, after a Debauch.
(b) Pimp.) In the Original here, fome read Centurionum, but
I prefer the Reading of Ceraturiorum, the Signification of which
c.mes pretty near to the Senfe in which I have tranflated it.
268 M. FABIUS QUINCTILIANUS Book IV.
that ſmells of Fiction or Defign, and every Expref-
fion must be furnish'd by the Caufe to the Pleader, fo
that the Cauſe, and not he, may feem to fpeak. But
this Manner is intolerable to modern Pleaders. For
what (fay they) is the Ufe of Art, unless it is dif
coverable? But let me tell them, that Art, if dif
coverable, ceaſes to be Art. All their Aim, all their
Purpoſe is to gain Applaufe; and while they are court-
ing the Audience, they difguft the Judge.
There is a certain Repetition of Narrative, which
is more practis'd in Declamations than at the Bar.
Its Purpoſe is to give more Variety and Embellish-
ment to Facts, than could be introduced into the firſt
Narrative, which requires to be concife; and it is a
Practice calculated to raiſe either Hatred or Com-
paffion. In my Opinion, we ought feldom to ufe it,
and never to repeat the whole State of an Affair, for
we may anſwer the fame Purpoſe, by handling all the
particular Parts ſeparately. Befides, when a Pleader
has a mind to ufe this Kind of Repetition, he ought
but very flightly to touch upon the Facts he is to re-
peat, and to content himfelf with faying, that he will,
in a proper Place of his Pleading, more fully ſtate the
Fact and all its Circumftances.
Some Writers think that a Narrative ought to be-
gin with fomewhat relative to the Party, whom we
are to praiſe if he is our Friend, and blacken if he is
our Antagoniſt. This, to be fure, is a frequent
Practice, becauſe all Litigations lie between two
Parties. But we may fometimes introduce the Party
with the Circumftances attending his Perfon, when it
can be ferviceable to our Caufe. For Example,
Aulus Cluentius, my Lords, was the Father of my
Client, by far the most leading Man in Virtue, Reputa-
tion, and Rank, not only of the Corporation of Larinum,
where
2
BOOK IV. His INSTITUTES of Eloquence. 269
where he lived, but of all the neighbouring Coun-
try. Sometimes, as in the Pleading for Ligarius, it
is fufficient, barely, to name the Party. Very often we
begin with the Buſineſs, as Cicero in his Pleading for
Tullius; The paternal Eftate, fays he, of Marcus Tul-
lius, lies in the Divifion of Thurenum. Demofthenes,
in his Pleading for Ctifiphon, When the Phocenfian
War broke out, fays he, before I entered upon public Bu-
finefs. Some ftrenuouſly infift that a Narrative ought
to be carried down, and to end where the very Point
in Queſtion begins; for Example, Matters being thus
circumftanc'd, my Lords, the Prator, Publius Dolabella,
as is ufual, published a Prohibition against all violent In-
trufion, and that without Exception of Perfons; for the
Prohibition order'd the Party ejected, to be reinstated.
Our Opponent Jays, that he has reinstated my Client,
and that is the Point now to be tried. This Method is
always open to the Plaintiff, but not always to the
Defendant.
CHA P. IV.
CONCERNING DIGRESSIONS.
ΤΗ
THE Confirmation othe
THE Confirmation or Proof naturally follows.
the Narrative; for the Contents of it require
to be proved. But before I enter upon a Difcuffion
of this Part, it is neceflary that I take notice of cer-
tain Opinions that prevail.
It is a general Practice, at prefent, with Pleaders,
after having finish'd their Narrative, inftantly to
launch out into all the Luxuriancy of Stile, and take
pleaſure, as it were, to wanton in the agreeable and
flowery
270
M. FABIUS QUINCTILIANUS BOOK IV.
flowery Fields that their Subject affords. This Prac-
tice has crept from the Schools into Courts of Justice,
from Declamations into Pleadings, after our Advo-
cates thought proper to facrifice the Interefts of their
Clients to their own Oftentation; imagining, I fup-
pofe, that if knotty, ftubborn Proofs are immediately
to fucceed the fapleſs Narrative, their Pleading muft
be benumb'd and bare, thro' fuch a Delay of introduc-
ing the Fire and Flowers of Speech.
Now I blame this Practice, becaufe Pleaders al-
ways obferve it without Regard to the Nature of the
Cafe, or the Intereft of the Client, as if it was al
ways expedient, nay neceffary. They go fo far as to
croud this Part of their Pleading with Sentiments
ftript from thoſe Parts where they naturally ought to
ftand; fo that they are forced either to make uſe of
Repetitions, or to leave fome Parts of their Pleading
quite bare, becauſe they have been fquander'd upon
an improper Divifion.
For my own Part, I am free enough to own, that
where the Nature of a Caufe requires, or indeed will
fuffer it, this Method of Digreffion may be employ'd
with great Advantage, not only after a Narrative is
clos'd, but upon general and particular Points; and
that it throws Gracefulneſs and Beauty upon the
Pleading, provided it is coherent and confequential
with the Subject, but not if it is ramm'd and wedg'd
into it, ſo as to confound and break the natural Or-
der of Facts and Reafonings. Now nothing can be
more naturally confequential than the Proof is to the
State of the Facts, unless a Digreffion interpofts,
either as the End of the Narrative, or the Beginning
of the Proof. Therefore, fometimes, it may be pro-
per to introduce it there; for Example, when a Nar-
tative towards its Clofe, contains fomewhat that is
very
BOOK IV. His INSTITUTES of Eloquence. 271
very ſhocking, we are then to launch out againſt it,
with an Indignation, which, as it were, gets the
better of our Judgment, and feems to burst into our
Purpoſe. But this is only to be attempted in
Cafes where the Fact is beyond all Doubt, for you
muft take care to eſtabliſh the Truth of a Fact, be-
fore you eſtabliſh its Atrocity, becauſe the Prefump-
tion of the Hearers is againſt a heavy Allegation, if
not fupported; for it is with great Difficulty we can
be brought to believe any fhocking Crime, before it
is proved.
This Method of Digreffion may be practiſed to
Advantage, by inveighing againſt Ingratitude, when
you are ſtating the Obligations which your Opponent
is under to you, or your Party; or by expofing the
dangerous Confequences of the various Crimes which
you have pointed out in your Narrative. But all this
ought to be done very conciſely; becauſe the Judge,
being once Maſter of the Facts, is impatient till he
knows how they are fupported, and he wants as foon
as poffible to ſettle within his own Breaft, the Sen-
tence he is to pronounce. Befides, great Care ought
to be taken left the Matter of the Narrative ſhould
ſlip out of the Memory of the Court, by its Attention
being diverted to another Object, or fatigu'd by an
unavailing Delay.
But as a Digreffion is not always neceffary upon the
Clofe of a Narrative, fo it often happens that a Kind
of Preparation is extremely expedient, before we en-
ter upon the Merits of the main Queſtion, particu-
larly fuppofing that the Caufe we plead for has at firſt
Sight but an indifferent Afpect, or if we plead in fa-
vour of a fevere Law, or profecute upon a penal A&t.
This Preparation is, as it were, fupplemental to the
Introduction, in order to render the Judge favour-
2
able
272 M. FABIUS QUINCTILIANUS BOOK IV.
able to the Proofs that we are to offer, and the Lan-
guage we here ufe admits of more Freedom and
Strength, becauſe the Judge is already informed of
the Cauſe. Such are the Means which we are to uſe,
as it were, for Fomentations, in foftening whatever
we offer that is harsh and fevere, and in difpofing the
Mind of the Judges in favour of our Pleading, and in
reconciling them to the Rigour of the Law we are
enforcing. For it is not eafy to perfuade a Man a-
gainſt his Inclination, but in doing this it is proper
we ſhould be acquainted with the Nature of the Judge,
and whether he is moft difpofed in favour of the Let-
ter, or the Spirit of the Law; and then we can take
our Meaſures accordingly. The fame Thing likewiſe
will ferve when we come to the Peroration, or Wind-
ing up.
This Part of a Pleading is, by the Greeks, term'd
Tãpenßácis, and by the Latins a Digreffion or Launch-
ing out. But, as I have already obferved, almoſt every
Part of a Cauſe admits of a different Digreffion. For
Inftance, the Commendation of Men, or of Places,
the Deſcription of Countries, the Narrative of Mat-
ters either actual or fictitious. The Praife of Sicily,
and the Rape of Proferpine, in the Pleadings of Cicero,
againſt Verres, are of this Kind; as is that glorious
Panegyric upon Pompey in his Defence of Lucius Cor.
nelius; where that divine Orator, as if arreſted in the
Career of his Pleading by the very Name of that
great General, breaks off the Thread of his Diſcourſe,
and, as it were, wantons in his Praiſe.
A Digreſſion, in my Opinion, is a Diſcourſe, de-
viating from the Point in Queſtion, but relative to the
Merits of the Caufe. I, therefore, fee no more Reafon
for fixing its Station immediately after the Narrative,
than
BOOK IV. His INSTITUTES of Eloquence.
273
than for determining its Object, as the Occafions of
it are ſo many and various. I have already eſtabliſh'd
the five Parts of a Pleading, and whatever does not
come under them is a Digreffion, ſuch as Indignation,
Compaffion, Hatred, Reproach, Apologizing, and
Recrimination. In like Manner, every Thing befides
the Point in Queſtion, all that aggravates, all that ex-
tenuates, and all that moves the Paffions, and above
all, every Manner that ferves to render a Pleading
more agreeable and ornamented, as when we touch
upon Luxury, Avarice, the Worſhip of the Gods,
or the Duties of Mankind; all thefe, I fay, are Di-
greffions, though they fcarcely feem to be fuch on
Account of their Relation and Coherence with the
Eſtabliſhment of our Proofs.
But very often when we want to refreſh, to inſtruct,
to amuſe, to petition, or to praife a Judge, we launch
out into Matters that are quite incoherent with our
Subject. Numberlefs are the Inftances of this Kind.
Sometimes we ſtudy them beforehand; fometimes
they riſe from Accident or Neceffity, as when any
Thing extraordinary happens, when we chance to
be interrupted, when a new Member comes into the
Court, and fometimes in Cafe of a Riot. Thus,
Cicero, in his Pleading for Milo, was obliged, in his
Introduction, to digrefs, as is plain, from the ſhort
Speech he made, upon that Occafion. But, we may
uſe greater Freedoms, in Digreffions, that ferve to
introduce the main Queſtion, or to recommend the
Proof that has been eſtabliſh'd. But all Digreffions
from the Middle either of a Narrative or a Proof
had need to be very ſhort.
T
CHA P.
274. M. FABIUS QUINCTILIANUS Book IV.
I
CHAP. V.
CONCERNING THE PROPOSITION.
HAVE already given an Anſwer to thofe
who make the Propofition follow the Narrative,
as Part of the Matter that is to be adjudged. In
my Opinion, the Propofition is the Beginning of
each Proof, and takes place not only when we are
eſtabliſhing the principal Point in Queſtion, but
when we are bringing particular Proofs, eſpecially
thofe of the fyllogiftical Kind. But I now proceed
to the former, which I do not think is always necef-
fary. For fometimes without laying down any Pro-
pofition, the Hearer eafily perceives the Point in
Queſtion, eſpecially when the Narrative ends, where
the Difcuffion of the main Question begins. Some-
times a Recapitulation of the whole follows the Nar-
rative, in the fame Manner as it does, when we have
eſtabliſh'd our Proofs. An Example of this occurs in
Cicero's Pleading for Milo; This, fays he, my Lords,
is the naked Fact; the Traitor was conquer'd, and Force
repelled by Force, or rather Audacioufness was overpower'd
by Courage.
But a Propofition is fometimes very much to the
Purpofe, efpecially in thofe Cafes where we admit
the Matter of Fact, but hinge upon the Point of
Law. Thus in the Cafe of the Man who had ftolen
from the Temple fome Money that was private Pro-
perty, a Pleader may fay, My Client is arraign'd for
Sacrilege, and upon that Crime, my Lords, ye are to judge.
Thereby the Judge is given to underſtand that the
Charge of Sacrilege is the only Point that comes un-
der his Cognizance. We may likewiſe uſe the ſame
3
Method
Book IV. His INSTITUTES of Eloquence.
275
Method in Caufes that are dark or intricate, and it
has the Effect of not only rendering a Cafe more per-
fpicuous, but likewife more convincing. And in or-
der to convince the Judge, we ought to throw in
fomething that is decifive. For Inftance, The Law
is very expreſs, that a Stranger who mounts the Fortifi-
cation is to fuffer death; that you are a Stranger is un-
questionable, that you have mounted the Fortification is
paft Difpute; then what remains, but for you to fuffer the
Award of the Law? This Kind of Propofition en-
forces the Confeffion of the accufed Party, and in
ſome meaſure cuts off all Delay of Judgment, for,
while it propofes, it decides, the Queſtion.
66
Propofitions are either fingle, or complicated; and
thoſe are of ſeveral Kinds. Thus, Socrates was ac-
cufed of debauching the Athenian Youth, and of in-
troducing ftrange Superftitions. Sometimes a great
many Propofitions enter into one Charge. Thus when
Demofilbenes profecuted Æfchines for miſbehaving in
his Embaffy, he charg'd him " with Prevarication,
"with having obferved none of his Inftructions, with
"having exceeded the Time prefcribed him, and with
having received Prefents." The Defendant on his
Side is at liberty to multiply his Propofitions or Al-
legations. For Inftance, in an Action for Debt, he
may alledge, Your Procefs is ill-founded; you cannot aft
as an Attorney; your Client is not in a Capacity to em-
ploy an Attorney; you are not the Executor of the Perfor
who is faid to have lent me the Money; I was not in his
debt. Such Allegations may be multiply'd at Plea-
fure, but it is fufficient if the Matter in Queſtion is
explain'd. If thofe Allegations are laid down one by
one, and the Proof of each tack'd to it, they become
fo many Propofitions, but if they are accumulated,
they admit of a Partition.
T 2
Some
276 M. FABIUS QUINCTILIANUS Book IV.
Some Propofitions are, what we may call, quite
bare, and fuch generally happen in conjectural Cauſes;
I accufe fuch a Man for Murder, I profecute another for
Theft. Other Propofitions are fupported with a Rea-
fon; Caius Cornelius has been guilty of a Misdemeanor
in his Office; for, when he was Tribune, he himself
read (a) to an Affembly of the People the Bill be bad
propofed. Sometimes we lay the Propofition down
in the firſt Perfon; as, I accufe fuch a Man of Adul-
tery. Sometimes in that of our Adverfary; He de-
fends himself against my Charge of Adultery. Sometimes
both Perfons are comprehended; The Queſtion be-
tween me and my Adverfary is, Which of us is near-
eft of Kin to a Person who died inteftate? Some-
times we couple two Propofitions together; My Al-
legation is fo and fo, that of my Antagonist is fo and fo.
There is a Way of Speaking, which, tho' it is not
a Propofition in Form, has all the Effect of one.
For Example, when we cloſe our Narrative with this
Expreffion; This, my Lords, is the Matter upon which
you are now to give Judgment. This awakens the
Judge to attend more clofely to the Examination of
the main Queſtion, and is a Kind of Warning-piece
which gives him to understand that the narrative.
Part is clos'd, and the probatory beginning; and as
we are preparing to enter upon the Eſtabliſhment of
our Proof, he, as it were, refumes his Attention
anew.
(a) Read] The Clerk of the Affembly ought to have dictated
the Bill to the public Cryer, who repeated it aloud to the People.
CHAP
BOOK IV. His INSTITUTES of Eloquence. 277
CHAP. VI.
CONCERNING THE PARTITION OR DIVISION OF a
PLEADING.
T
HE Divifion of a Pleading is the collecting and
arranging, into their proper Order, the Allega-
tions made uſe of by ourſelves, or our Adverfary, or
by both.
This is thought, by fome, to be in all Cafes indif-
penfable, both becauſe it renders the Cafe more per-
fpicuous, and becauſe the Judge becomes more at-
tentive and inclinable to hear us, if he underſtands
not only what we are fpeaking to, but what we are
to ſpeak to next. On the other hand, fome think
that this Practice is dangerous in a Pleading, for two
Reaſons; firſt, becauſe we are apt to forget the Or-
der we have laid down; and fecondly, fome Head
may fuggeft itſelf to the Judge, or Hearer, which we
may have omitted in our Divifion. For my own
Part, I think this cannot happen to any but a mere
Dunce, or to one who pretends to plead off-hand,
without Premeditation or Digeftion of his Matter.
In all other Refpects, what Method is fo natural and
fo clear as the proper Diviſion of a Speech? It is no
other than following Nature herſelf, nay, our keep-
ing to the Order we propofe is a main Affiftant to the
Memory.
I therefore cannot approve of thoſe who are againſt
admitting, under one Divifion, more than three Pro-
pofitions: It is true that if Propofitions are too much
multiplied under a Divifion, they muft efcape the
Memory of a Judge, and confound his Attention.
But ftill they are not invariably to be tied down to
T 3
that
278 M. FABIUS QUINCTILIANUS Book IV.
that Number, becauſe it is poffible the Nature of a
Caufe may require more.
There are, however, other Reaſons that may render
the Divifion of a Difcourfe improper. In the first
place, Things that are faid off-hand, and feem to be
without Premeditation, and to arife as it were from
the prefent Occafion, are generally beft received.
Hence it is we make ufe of the Expreffions, I had
almost forgot; It had escaped my Memory; I thank
you for putting me in mind. Now, if beforehand
you arrange your Proofs, you foreftall all the Pleaſure
of Novelty. Sometimes it may likewife be proper to
impofe upon the Judge, and to employ Art in hood-
winking him, to prevent his perceiving our real
Meaning. For a Propofition may be fuch as may
fhock a Judge in the fame Manner, as a Patient is
fhock'd at the Sight of the Surgeon's Inftruments be-
fore the Operation is perform'd. But if the Pleader
proceeds without laying down any Propofition before.
hand, the Judge then fufpects nothing, and does not
fall to examine the Matter within his own Breaſt, and
thus he may affent to what he would have difallow'd,
had he been put upon his Guard.
Sometimes it may be proper to avoid, not only the
Diſtinction, but the Mention, of Queftions, to con-
found the Paffions, and divert the Attention of the
Hearer. For Information is not the only Bufinefs of
an Orator; No; the utmoft Effort of his Eloquence
is to touch the Paffions. And nothing is a greater
Enemy to that than a minute, exact, fcrupulous Di-
viſion of our Diſcourſe, at a Time when we ought
to be working upon the Paffions of a Judge, fo as to
take from him the Power of decreeing againſt us.
Nay, does it not fometimes happen that Circum-
ftances, when diftinguiſh'd from one another, are
flight
Book IV. His INSTITUTES of Eloquence.
279
flight and inconfiderable, but, when accumulated, are
ſtrong and prevalent? We ought fometimes to collect
them together, that they may burst out all at once.
And yet we ſhould be ſparing of this Practice; we
fhould be forc'd to it by nothing but Neceffity, which
gives Expediency to the most inexpedient Methods.
Let me add, that, in all Divifions of a Diſcourſe,
there is fome leading Point, and when a Judge is
Maſter of it, he is difgufted with all the reft, as be-
ing unneceffary.
Upon the whole, if you are either to urge or to
refute a Complication of Charges, a Partition is
both expedient and agreeable, becaufe thereby the
Facts, we are to speak to, appear in their proper Or-
der. But I think it uſeleſs, when we are defending a
Party upon one Charge only. For Inftance, were
we to run into the following Divifion. I affirm that
my Client is not of fuch a Character, as to make it cre-
dible, that he could be guilty of Murder; I affirm that he
could have no Motive for murdering the Deceas'd; and 1
affirm that he was beyond Seas at the Time the Murder
was committed. Now in this Divifion, the two firſt
Averments are abfolutely uſeleſs. For the Judge
will immediately faften upon the third, which is the
moſt material; and if he is of a difpaffionate, patient
Temper, he will only give filent Intimations to the
Pleader, to make out what he has advanc'd. But if
he is in a Hurry, if he is a Man of great Rank, or
if he is peevish in his Difpofition, he will call upon
the Advocate with fome Warmth and Rudeness.
Some therefore have difapprov'd of the Divifion
which Cicero has introduced into his Pleading for Clu-
entius, where he propofes to fhow firft, That no Party
was ever tried for greater Crimes, or upon ftronger Evi-
dence, than Oppiniacus was. Secondly, The Precog-
I 4
nition
280 M. FABIUS QUINCTILIANUS Book IV.
nition was taken against him by the very fudges, who
bad condemned him; and thirdly, That if Money was
employ'd, it was employ'd against, and not for, Cluentius ;
and the Reaſon they give for their Difapprobation is,
that if Cicero could have prov'd the laſt Allegation,
the other two were fuperfluous. But then again, a
Man muſt be either foolish or unjust, not to con-
fefs that his Divifion in his Pleading for Murena is
extremely fine. I apprehend, fays he, my Lords, that
this whole Charge confifts of three Parts; the firſt, as to
the Immorality of Life, the next regards a Competition
for Dignity, and the laft, his Alts of Corruption. Here
he lays down the Cauſe in a clear, conciſe Manner,
and all the Divifions are equally pertinent.
Some do not much like the following Manner of
Dividing; If I kill'd him, I did no more than I ought to
have done, but I did not kill him. For, fay they, to
what Purpoſe is the firft Allegation, if the fecond
can be prov'd? They hamper one another, and
while we dwell upon both, we are believed in neither.
It must be own'd, that this Objection has fome
Foundation. And if the fecond Allegation can be
proved beyond all Contradiction, we ought to reft the
Defence entirely upon that. But we are to maintain
both Allegations, in cafe that we are any way fufpi-
cious of the ftrongeft. Judges view Matters in dif-
ferent Lights. One may think the Fact proved, and
yet acquit upon the Point of Law. And another
who is diffatisfied with the Legality of the Action, if
proved, may poffibly be of Opinion that it is not
prov'd. Thus, a good Markſman may hit the Mark
with one Arrow, but an indifferent one is to make
ufe of more, becauſe, if one miffes, another may hit.
How nobly does Cicero alledge that Clodius firft way-
laid Milo, and then he adds, as it were only by the bye,
that
BOOK IV. His INSTITUTES of Eloquence. 281
that had not that been the Cafe, the greateſt Merit,
the greateſt Glory muſt have attended the killing of
fuch a Wretch as Clodius.
Mean while, I am not for condemning the Manner
of dividing which I first mention'd; becauſe fome
Propofitions, tho' they are ſhocking, may have the
Effect of ſmoothing the Way for thoſe that are to
follow. It is a fhrewd, tho' common Saying, That a
Chapman, in order to have ENOUGH, ought to ask TOO
MUCH. Yet no Man of Senſe, from this, will con-
clude, that we ought to attempt every Thing; for I
am of Opinion with the Greeks, who lay it down as a
Rule, Never to attempt Impoffibilities.
But if we ſhould think it expedient to reſt our De-
fence on two Points, we are to manage fo as that our
firft Allegation may ferve to ftrengthen our fecond.
It may poffibly happen that a Party who boldly con-
feffes one Fact, is not fufpected when he denies an-
other. As often as we perceive a Judge to expect
fome other Evidence, befides that which we are ad-
vancing, we are to promiſe that we will ſpeedily give
him full Satisfaction, eſpecially if we are ſpeaking to
a Matter that is fcandalous.
But it is often the Cafe that the Law may juftify a
Party in a very fcandalous Caufe. In this Cafe we
are, again and again, to inform the Judges, who hear
us perhaps with Impatience and Difguft, that we will
in the Progrefs of our Pleading vindicate the Probity
and the Character of our Client, if they will have
but a little Patience, and fuffer us to proceed in the
Order we have laid down. Sometimes a Pleader is
to pretend that he is obliged to fpeak what his Client
may diflike, as Cicero docs in his Pleading for Clu-
entius, when he makes mention that a Knight was
not fubject to the Penalties of the Sempronian Law.
Some-
282
M. FABIUS QUINCTILIANUS Book IV.
Sometimes he is to make a Stop, as if he was inter-
rupted by his Client. Sometimes he is to addrefs
himself to one of the Parties. Sometimes he is to
beg of his Client that he will indulge him in his own
Method of making his Defence; and thereby he may
fo far win upon the Judge, that while he is hoping
that the Party's Honour will be vindicated, he will
become more tractable in the knotty Points of the
Caufe. When a Judge is once imprefs'd with theſe
Sentiments, they diſpoſe him more favourably to re-
ceive the Defence that is offer'd for a Party's moral
Character. Thus thofe two Manners mutually affift
each other. The Vindication of the moral Charac-
ter renders a Judge more favourable to what we ad-
vance in Point of Law; and when the Point of Law
is once well eſtabliſh'd, he is inclined to think the
better of a Party's Morals.
But tho' a Divifion is fo far from being always ne-
ceffary, that it fometimes is needlefs; yet when it is
happily introduced, it throws great Luftre and
Beauty upon a Pleading. For it not only renders
Facts more clear by disentangling them, and laying
them out to the View of the Judges; but the different
Stages, which it preſents, refreſh the Mind in the
fame Manner, as the Mile-ftones upon our public
Roads leffen the Fatigue of the Traveller. For there
is a Pleaſure in knowing the Progrefs we have made,
and when we know how much there is yet to perform,
we proceed with the greater Spirit and Refolution.
To know the precife Determination of a Tafk is a
great Means of leffening its Fatigue. The chief
Merit of Quintus Hortenfius lay in his artfully di-
viding his Pleading, tho' it is true, that Cicero
fometimes ridicules his Manner of counting up upon
his
BOOK IV. His INSTITUTES of Eloquence, 283
his Fingers (a) the feveral Parts he was to ſpeak to.
And indeed in this refpect we may very readily ex-
ceed, tho' we ought above all things to guard againſt
a too formal, precife Diviſion. Minutenefs weakens
the Authority of a Speech, and when divided in that
Manner, it is difpos'd, not into Parts, but into Bits.
They who are ambitious of this Merit, and court
Applauſe from the Nicety and Frequency of their
Partitions, are guilty of great Superfluity; they fritter
away what Nature meant fhould be entire; and do
not divide, but mince down, their Pleading. The
Effect of all this is, that when they have chopp'd it
into a thouſand Bits, they fall into that very Ob-
fcurity, which a Divifion was meant to guard a-
gainſt.
As often as the Divifion is proper, it ought, in the
first place, to be plain and perfpicuous, (for what is
more ſcandalous, than to fall into Obſcurity in the very
Place that is calculated to throw Light upon the
whole?) In the next place it ought to be conciſe,
without being loaded with a fingle Expreffion that
can be retrench'd; becaufe, while we are dividing,
we do no more than point out the Order of the Mat-
ters to which we are to speak.
We are likewife, if poffible, to take care that in
our Diviſion there be neither Deficiency nor Redun-
dancy. Redundancy is occafioned by dividing into
particular, what might have been divided into gene-
ral, Heads. Or by adding the Species after mention-
ing the Kind. Thus, Virtue is the Kind, Juſtice is
(a) Fingers) Particularly in his Pleading againſt Cæcilius, " Im-
"mortal Gods! fays he, what Confufion, what Perplexity,
"what Doubts must the good Man fall into, when his Antagoniſt
"ſhall begin to digeft the different Heads of his Accufation, and
to arrange upon his Fingers the principal Points of his own De-
" fence !"
er
3
284 M. FABIUS QUINCTILIANUS BOOK IV.
a particular Species of that Kind; and fo is Modefty;
it would therefore be abfurd for us to fay, "I will
ſpeak, my Lords, concerning Virtue, concerning
Juftice, concerning Modefty.
66
In dividing, we are to diftinguish between what is
certain and what is contefted. Under the firſt Head
we are to point out what is admitted by our Adver-
fary, and what by ourſelves. In dividing the con-
teſted Part, we are to lay down our Reaſons and Pro-
pofitions with thoſe of our Opponent. But nothing
can be more ſhameful than for a Pleader not to pur-
fue the Order which he has laid down.
GUMMO
M. FA-
M. FABIUS QUINCTILIANUS
HIS
INSTITUTES of ELOQUENCE:
OR,
The ART of Speaking in Public,
V W Y Y Y
FR SA FR s Ik ste 枣​染
​BOOK V.
FR SA SR s st sk ska ske
S
INTRODUCTION.
O ME, and thoſe, too, eminent,
Authors have been of Opinion,
that an Orator's only Buſineſs is
to inform. They give two Rea-
fons why he ought not to touch
upon the Paffions; the firft is,
becauſe all Perturbation of Mind
betrays Weakness; the fecond is, becauſe it is unfair
to divert a Judge from the Truth by working him
him either into Compaffion, or Anger, or any like
Difpofition. And they are of opinion, that to pur-
vey for the Pleaſure of an Audience, when all a
Speaker's Purpofe is to get the better of his Anta-
goniſt,
286
M. FABIUS QUINCTILIANUS Book V.
goniſt, is not only needlefs in an Orator, but unwor-
thy of a Man. Other Authors, and thoſe the moſt
numerous, without difapproving of an Orator's a-
vailing himſelf in this Refpect, think that his main
and proper Purpoſe fhould be, to eſtabliſh what he
advances himſelf, and to deftroy what is advanced
by his Antagoniſt.
Without diſcovering my own Sentiments upon
this Head, I am certain that the Book I am now be-
ginning, will, of all others, be the moſt uſeful in
the Efteem of both Parties, becauſe the Whole of it
is employ'd upon the Manner of proving and refuting,
to which all I have faid concerning judicial Caufes is
to be applied. For, the fole Purpoſe either of an
Introduction, or a Narrative, is to prepare the Judge;
and an Information of Facts, together with all the
Methods I have already recommended, would be uſe-
lefs, unleſs we can eſtabliſh our Proofs, and refute
our Adverfary's. Therefore, of all the five Divi-
fions, into which I have thrown a Pleading, it is
poffible that fome one in four of them may not be
effential to the Caufe. But nothing can be brought
into Judgment, but what muſt be ſupported by Proof.
The beſt Method I can think upon, for laying down
Rules upon this Head, is by fhewing, in general,
what is applicable in all Caufes, and next, what is
peculiar to particular ones.
CHAP.
BOOK V. His INSTITUTES of Eloquence. 287
CHA P. I.
CONCERNING THE DIVISION OF PROOFS.
Proofs are either inartificial, or artificial. Of inarti-
ficial Proofs.
A
RISTOTLE has been generally follow'd in
the Diviſion he has laid down upon this Head.
He ſays, there are fome Proofs that are foreign to the
Subject an Orator fpeaks upon, and thefe he calls
INARTIFICIAL PROOFS; and that others arife from,
and are as it were begotten by, the Subject, and
theſe he calls ARTIFICIAL. Amongst the former are
rank'd Prejudgments, Reports, Extortions by Tor-
ment, Writings, Oaths, and Witneffes, which con-
ftitute moſt of the Caufes that come to the Bar.
But, as they require no Art in forming them, there-
fore the greateſt Powers of Eloquence are required.
either in fupporting or refuting them. The Writers
therefore are highly to blame, who have excepted,
out of the Rules of their Art, all that Kind. It is
not my Intention, at prefent, to lay down all that
can be faid for, or againft, fuch an Exemption. For,
it would be a Work of infinite Labour, to treat of
Topics that may be in common to all Pleadings; it
is fufficient for me to lay down the Manner and Me-
thod of treating them. When I have done this, my
Reader is not only to exert his utmoſt Ability in ap.
plying what I lay down, but in inventing others of
the fame Kind, according to the different Caufes he
is to ſpeak to. For, it is impoffible to fay any thing
that is applicable to all Kinds of Cauſes, even to
thoſe that have happened, to fay nothing of thofe
that may happen.
CHAP.
288
M. FABIUS QUINCTILIANUS Book V.
PRe
CHA P. II.
CONCERNING PREJUDGMENTS. (a)
Rejudgments are of three Kinds; the firſt, which
may be more properly term'd Precedents, con-
fifts of fimilar Cafes already adjudged, fuch as when
a laft Will of a Father is annull'd by the Prætor, or
confirm'd, by difinheriting the Son. The fecond
Kind is properly term'd a Prejudgment, becauſe it is
a Sentence pronounced in the fame Caufe. For Ex-
ample, the Facts that were prejudged in the Cafe of
Oppiniacus, and by the Senate against Milo. The
third Kind is when a Sentence has been already pro-
nounced in a Matter that is appeal'd (b), or brought
to a fecond Trial. A Prejudgment is chiefly con-
firm'd by two Circumftances; firft, the Authority
of thoſe who have pronounced it; and fecondly, the
Similarity of the Cafe with the Point in queſtion.
They admit likewiſe of Refutation; but a Pleader is
very feldom to reproach the Judges, who have paffed
the Prejudgment, unless they have been palpably to
blame. For, it is natural for every Judge to confirm
the Sentence of another, left he ſhould eſtabliſh a
Precedent that may affect his own Sentences. In
fuch Cafes, therefore, if the Thing will admit of it,
we are to point out a Diffimilarity in the two Cau-
fes; and indeed it very feldom happens, that two
Caufes are parallel in all Reſpects. But, if the Pre-
(a) Prejudgments] Theſe are fometimes term'd Precognitions,
and were of the Nature of Bills found by our Grand Jurics, or
the Verdict of a Coroner's Inqueſt.
(b) Appeal'd] In fome Cafes, that concern perfonal Liberty,
or Property, an Appeal was admitted, and the preceding Sentence
might have been annull'd.
3
judgment
BOOK V. His INSTITUTES of Eloquence.
289
judgment ſhould happen in the fame Cauſe, we are'
then to have recourfe to the Neglect of the Ma-
nagers, or we are to complain of the Weakneſs of
the Party condemn'd, or of the Power of Money, or
Intereft, which has corrupted the Evidence, or of
fome Matter of Hatred or Ignorance; or we are to
find out fomething that has happen'd fince the Pre-
judgment, which alters the Complexion of the Caufe.
But, if we have no Room for ufing any of theſe
Means, we ſtill are at liberty to reprefent, that, in
all Times, unjuſt Judgments have paſſed, as appears
from the Condemnation of a Rutilius (c), and the
Acquittal of a Clodius, and a Catiline. We are like-
wife to put the Judges in mind, that they ought to
examine the Matter fimply as it ftands, without pin-
ning their Confcience to the Verdict of another.
But, with regard to Decrees of the Senate, and Sen-
tences of Sovereign Princes and Magiftrates, I. can
recommend nothing, but to find out fome fmall Va-
riation in the Caſe, or ſome poſterior Decree of the
fame Perfons, or of thoſe inveſted with the fame
Powers, which contradicts their former Judgment.
Unleſs fome one, or other, of thefe Circumſtances
occur, the Party muft fubmit to be caſt.
(c) Rutilius] He was a Man of great Virtue, but when he
held the Government of Afia, he happened to difoblige the Ro-
man Knights, who were the money'd Men of Rome, and they
condemn'd him to Baniſhment. The Hiftories of Clodius and Ca-
tiline are well known.
$
U
CHAP.
290
M. FABIUS QUINCTILIANUS Book V
CHA P. III.
CONCERNING REPORT, OR FAME.
ONE Party treats Fame and Rumors, as im-
plying the Confent of the whole State, and
Evidence of the Public; others as an idle Report,
invented by Rogues, and propagated by Fools, with
out its Author daring to fhew his Face. They add,
that the most innocent Perfon alive is liable to fuffer
by fuch Reports, through the Malice of his Ene-
mies publiſhing Falfhoods. Examples are frequent
to justify both Allegations.
CHA P. IV.
CONCERNING TORMENTS.
N like manner, Matters extorted by Torments al-
IN
ways prefent a plentiful Field for Altercation.
One Party reprefents the Rack as a neceffary Means
for the coming at the Truth, by Confeffion: Another,
as being a Motive for falfe Accufations; becauſe the
Hardiness of fome renders a Lie eafy, and the Weak-
nefs of others renders it neceffary. I fhall fay no
more upon this Head. Both antient and modern
Pleadings are very full upon the Subject. Some pe-
culiar Circumſtances, however, in this Matter may
happen in every Cafe; for, when the Rack is pro-
duced, it is of Importance to know, who is to exa-
mine, and who is to be examined; who the Profe-
cutor is; againft whom it is intended; and what is
the Nature of the Caufe? If the Party has been al-
ready put to the Rack, we are to enquire, who took
the
Book V. His INSTITUTES of Eloquence.
2gr
the Examination, who the Party was that fuffered,
and in what Manner he was tortured; whether his
Anſwers were fuch as carried Probability along with
them, whether they were confiftent with one another,
whether he perfevered in what he ſaid at firft, or
whether he made any Alterations thro' the Force of
Pain; whether he confefs'd when he was firft put upon
the Rack, or in Confequence of his Torments? All
thofe Confiderations are as boundleſs as is the Va-
riety of Cafes that happen.
A
CHAP. V.
CONCERNING WRITINGS.
PLEADER has often Occaſion (and every
Pleader often will have Occafion,) to ſpeak a-
gainst Writings; and daily Experience fhows us, that
fome of them are not only conteftable, but criminal,
by being forged. But as this proceeds either from
Defign or Ignorance, it is much fafer to take the Af-
fair up upon the Footing of Ignorance, becauſe thereby
we include fewer Parties in the Action. But in this
Cafe all the Proofs lie on the Face of the Cauſe; if
the Deed, for Example, which the Writing contains,
is improbable, or if, as it often happens, it can be dif
proved by other equally evident Proofs: Or if the
Party in whoſe Prejudice the Deed was executed, or
any of the Witneffes can be proved to have been ab-
fent, or dead before the Execution; if the Circum-
ſtances of Time do not agree; if fomething that hap-
pened, either before or after the Execution, has de-
ſtroyed the Intention of the Deed; nay, a Forgery is
often difcovered by bare Inſpection.
CHAP.
U 2
292 M. FABIUS QUINCTILIANUS Book V.
A
CHAP.
VI.
CONCERNING AN OATH.
PARTY at Law may offer his own Oath, or
he may object to that of his Antagoniſt, when
offer'd, or he may require his Antagoniſt's Oath, or
object to giving his own, when called upon to do it.
The Caufe of a Party who offers his own Oath, with
out requiring that of his Antagoniſt, wears generally
a bad Afpect. The Man, however, who does this,
ought to hinge upon the Purity of his Character,
which renders it highly improbable that he would
perjure himfelf; or upon fome religious Scruple;
and in this he will fucceed the better, if he behaves in
fuch a Manner, as to appear to be neither forward
in offering, nor backward in refufing, to give his
Oath (a), or if the Matter litigated be of fo little Im-
portance, that it cannot be prefum'd the Party would
damn himſelf for it; or if, befides the other Evi-
dences of the Caufe, which are fufficient to prove it,
he throws in his Oath by way of fuperabundant Evi-
dence, and from the Conſciouſneſs of his own Ve-
racity.
When a Party refuſes to admit the Oath of an
Opponent, he may alledge the Inequality of the
Terms, thro' his Opponent difbelieving, and himſelf
believing in, the Difpenfations of divine Juftice; nay,
that fome Philofophers have been known to maintain,
(a) His Oath] Orig. Ut non cupidè ad hoc defcendere, fed ne hoc
quidem recufare videatur. Tho' I have tranflated this according to
the obvious Senfe of the Original, which the Abbé Gedoyn has
likewife followed, yet I cannot think it is the Meaning of my
Author, who is not fo properly fpeaking of a Party's refufing to
give his own Oath, as his refufing to admit that of another. I
therefore fufpc&t that the latter hoc refers to the Oath of the other
Party.'
the
"BOOK V. His INSTITUTES of Eloquence.
293
the Gods did not concern themfelves with human Af
fairs And that the Man, who, without being re-
quired, offers his Evidence upon Oath, betrays a
flight and a flippery Senfe of its Importance, and, in
effect, wants to decide in his own Cauſe.
But the Man who refers himſelf to the Oath of his
Antagoniſt, feems to act with Modefty, by fuffering
his Adverfary to decide the Caufe; and the Judge
has nothing to charge himſelf with; becauſe one of
the Parties chufes to ſtand by his Opponent's, rather
than his own Oath.
Mean while, it is a Matter of great Difficulty for a
Party to refuſe to give his own Oath, unleſs the Af-
fair in queftion be fuch, as that he cannot be fup-
pofed in Reaſon to be Maſter of it. If he is cut off
from this Excufe, he can have recourſe only to an-
other, which is, by alledging that his Opponent's
Defign is chiefly to render him odious, and to have
fome Pretext to brawl againſt a Deciſion, which he
cannot ward off. With regard to himſelf; that a Man
of worfe Principles would embrace the Offer, but that
he chufes rather to prove what he advances, than oc-
cafion in the Court the fmalleft Sufpicion of his being
perjured.
When I was young in Practice, our old Lawyers
uſed to lay it down as a Rule, never to require our
Opponent to give his Oath. By this we deprived him
of the Benefit of chufing a Judge, nor could the
Judge be chofen out of our Opponent's Advocates.
For if it is fcandalous for a Pleader to injure his
Client by what he ſpeaks, it is equally fo to injure
him by what he does.
U 3
CHAP.
294
M. FABIUS QUINCTILIANUS BOOK V.
M
CHAP. VII.
CONCERNING WITNESSES.
ATTERS of Proof occafion the greateſt
Trouble to Pleaders, and thefe appear either
by written Informations, or parole Evidence.
It is eaſieſt to deal with the former. For it is pre-
fumable (a) that in the Preſence only of a few Wit-
neffes, a Man is under leſs Conſtraint in betraying
Truth, than when he is in Perfon in an open Court,
and that even his Abfence betrays a Diffidence of
himſelf. If the Character of the principal Party puts
him above all Reflections of this Kind, then we may
make free with the Characters of the Witneffes who
fign his Information. Againft fuch Witneffes a fi-
lent Intimation lies; that a Man who gives Evidence
by Information, does it voluntarily, by which he
confeffes that he is an Enemy to the Party againſt
whom he informs. A Pleader, however, when on
the profecuting Side, may retort to this, that nothing
ought to impeach the Evidence of a Man of Credit,
when it is offered either for his Friend, or againſt his
Enemy. This Matter therefore prefents us with a
large Field of Argument on both Sides the Que-
ftion.
With regard to parole Evidence, the Taſk is much
harder; and therefore upon fuch Occafions we point,
as it were, two Batteries; one that plays in a fet,
uninterrupted, Difcourfe, and another that diſcharges
only Interrogatories. In the former we begin with
general Obfervations either for or againſt the Evi-
dence offered. This is likewife one of the common
(a) Prefumable] Amongst the Romans, an Affidavit or an Oath,
reduced to Writing, required to be figned not only by the Party
fwearing, but by other Witneffes prefent.
Fields
+
Book V. His INSTITUTES of Eloquence.
295
Fields of Arguments; for one Party maintains, that
the Evidence which refts upon People's Knowledge,
is irrefragable Proof; while the other Advocate, in
order to invalidate it, fums up all the Arguments he
can to ſhow that the Informants may be miſtaken.
The next Method is, for a Pleader to make his Ob-
fervations, not only upon fingle Witneffes, but upon
whole Bodies of Men. For we know that Orators
have invalidated the Evidences of whole Nations,
and we difcredit all fuch Informations by the
Lump, as being no better than Ouy-dire or Hear-fay-
Evidence. For we do not admit them to be Evi-
dences, but the Averrments of People who have
been injur'd; thus, in an Action (b) of Bribery, the
(b) An Action of Bribery] Tho' I find no Edition or Commen-
tator has taken notice of this Paffage, yet I fufpect ftrongly that
ſomewhat here is either miſunderſtood, mifplaced, or interpolated
by fome over-officious Hand. For what Reference has the Cafe
of an Information not taken upon Oath, and which therefore, as
our Author obferves, is to be treated as Hear-fay-Evidence, to that
of a Man becoming a Procutor in an Action of Bribery, for hav.
ing actually given Money to the Party accufed? Perhaps the
Paffage may be made confiftent by a very fmall Amendment of the
Original, by reading non enim ipfos effe teftes, fed INJURIATORUM
afferre voces. Nay, this cannot be faid to be an Alteration, for
the Word injuriatorum feems by the Confent of Editors to have
been the original Reading; but becauſe it is unuſual, it has been
altered into injuratorum, viz. Perfons not upon Oath. And the
Fondneſs of Editors for this Word, has occafioned the Inconfift-
ency I am taking notice of. Be that as it will, the Reading I
propoſe certainly removes it, and in a very natural Manner; for
the Senfe then will be, that "when whole Nations have lifted up
"their Voices againſt a public Oppreffor, they were not confider'd
as Evidences, but as Hear-fays; becauſe it was urged that
"their Voice was that of the People who complained of being in -
jured, and therefore it was not Evidence. Thus the Evidence
(in a Proſecution upon Corruption) of the Man who has actually
given Money to the Accufed, is fet afide, becauſe he is looked
upon as a Party in the Profecution.". As to the Word injuriatus,
it is fignificant, intelligible, and ftands in the Manufcripts; and,
if I miſtake not, Sencca makes ufe of the Term injurior, of which
injuriatus is evidently the Participle. I have, therefore, conforined
my Tranflation to the original Reading.
4C
<<
4
U 4
Perfon
296 M. FABIUS QUINCTILIANUS Book V.
Perſon who ſwears, that he himself gave Money to
the accuſed Perfon, is not looked upon as a Witneſs,
but as a Party. Sometimes we direct our Diſcourſe
againſt each individual Evidence. This Manner may
either contain an Invective mix'd with a Defence, or
it may be handled feparately, as Cicero does, in his
Oration againſt Vatinius.
Let me therefore thoroughly canvafs this Point, as
I have propoſed to carry an Orator through the whole
of his Education. Otherwife it would be fufficient
for him to read the two Treatifes which Domitius Afer
compofed upon this Head; a Profeffor, for whom
I had the greateft Regard when I was a young Man;
nay, I not only read what I am now treating of, but
received a great deal of it from his own Mouth (c).
With great Juſtice he lays it down as a capital Point
in the Buſineſs of an Orator, to render himſelf inti-
mately acquainted with the whole Cauſe he is ſpeak-
ing to.
This gives him vaft Advantages during all
the Trial. I fhall, in a proper Place of this Work,
explain the Means by which he may gain this Ad-
vantage. It is a Circumftance that furnishes him
with Matter for examining Evidence, and puts, as it
were, Weapons into his Hand. It likewife inftructs
him as to the Difpofition of Mind to which, in his
Pleading, he is to form the Judges. For the Bufineſs
of a continued Difcourfe is either to confirm or to
diminish the Credit of Witneffes, becauſe that Credit
depends, in a great meaſure, upon the Judge's being
(c) Mouth] This ſhows the Miftake which St. Jerom was under
in his Chronicle, in telling us that Quintilian was brought in the
the 211th Olympiad from Spain to Rome, by Galba; and that in
the eighth Year of Domitian, which was the 217th Olympiad, he
first opened a public School at Rome, and received a Salary out of
the public Treaſury.
wrought
BOOK V. His INSTITUTES of Eloquence.
297
wrought into a Difpofition of either believing, or not
believing them.
Now, Witneffes are of two Kinds, thoſe who are
voluntary, and thoſe who are compelled by the Court
to give Evidence. The firft is in common to both
Parties in a Trial, but the Profecutor only is indulged
in the latter; let us therefore diftinguish between the
Buſineſs of the Pleader who brings, and him who re-
futes, a Witneſs.
The Party who produces a voluntary Witneſs has
the Means of knowing what he has to fay, and there-
fore it ſeems an eafy Matter to examine him. But
even this requires Penetration and Accuracy; for a
Witneſs may be bafhful, he may be irrefolute and
inconfiftent, all which muſt be guarded againſt. For
the Advocates of the other Party may, in fuch Cafes,
throw them into Confufion, or enfnare them, by
which they do their Side a great deal more hurt than
they could do it ſervice, were they confiftent and re-
folute. An Advocate, therefore, is to examine them
again and again before they come into Court, and he
is to try them with all the different Queftions which
he may ſuppoſe will be put to them by the other
Party. By this Means, they either will be confiftent
with themſelves, or a feafonable Queftion from the
Pleader, who produces them, will fet them firm upon
their Legs, if they ſhould happen to ſtagger.
We muſt likewiſe guard againſt the Traps that
may be laid for Witneffes who are even confiftent
with themſelves. Very often they are thrown in our
Way by the oppoſite Party, and, after promifing to
do us all the Service they can, their Anfwers are
flatly againſt us; in which Cafe, their Evidence car-
ries with it the Authority of one who makes a Con-
feifion. We are therefore to examine into the Mo-
1
tives
298 M. FABIUS QUINCTILIANUS BOOK V.
tives which a Witnefs has for appearing againſt a
Party. Nay, whether, after being Enemies, they are
become Friends; whether a Witneſs may not make
his betraying us, the Price of his Reconciliation with
the other Party; whether they may not have received
Money, and whether they have not repented of what
they have done? All this is to be diligently guarded
againſt, even when a Witneſs is to fay nothing but
what he knows to be true, and much more when he
is to fpeak to what he knows to be falfe. For fuch
are more apt to repent; their Promiſes are more ſuſ-
picious; and tho' they ſhould even perfevere, it is
more eaſy to detect or to ſtagger them.
With regard to thofe Witneffes who are compelled
to give Evidence, they are either difpofed, or not
difpofed, to hurt the Party accufed. The Profe-
cutor is fometimes fenfible of their Difpofitions, and
fometimes he is not fenfible.
Let us fuppofe the former Cafe; yet ſtill the Ex-
aminer is to proceed with the utmoft Circumfpećtion
and Art. If he produces a Witneſs who is all on fire
to ruin the Party accufed, great Care ought to be
taken that he does not betray an Over-Eagernefs. He
is not to be at firft abruptly examined upon the very
Point that is tried, but he is by round-about Ways to
be conducted fo as that the Evidence which the Ex-
aminer chiefly wants him to give, may feem to be
wrung from him. Neither are we to prefs him upon
every Circumftance that may relate to the Trial, left,
by his Readiness to anfwer all Queſtions, he ſhould
invalidate his own Evidence. No, it is fufficient if
his Evidence is as full as may be expected to come
from a fingle Witnefs.
As to a Witneſs who is, againſt his Will, brought
to give Evidence, a Pleader's great Happiness lies in
}
his
Book V. His INSTITUTES of Eloquence.
299
his forcing him to fay, what he does not mean to
fay. The only Method of doing this is, by begin-
ing to question him upon Matters that feem wide of
the Cauſe. In this Cafe he may give Anfwers, which
he does not think can affect the Cauſe, and then by
recapitulating all he has faid, he may be brought into
fuch a Dilemma, as to be unable to deny what he
had no Intention to fay. For as in a Pleading, after
we have collected all the Evidences that feem to have
no Relation to one another, and which when con-
fidered fingly, do not feem to affect the accufed
Party, but bear hard upon him when they are col-
lected together and accumulated; in like manner, a
Witneſs of this Stamp is to be examined again and
again, as to what preceded, as to what followed, as
to Time, Place, Perfon, and the like Circumſtances,
ſo that he may be brought to make anſwer in fuch a
Manner, as to oblige him either to anſwer in our Fa-
vour, or to contradict what he had faid before.
this does not happen, it is plain that he is to be
brought into no Avowal. And we are then to amuſe
him with Queſtions foreign to the Caufe, fo as to
catch him tripping, tho' it be even in an indifferent
Matter. We may likewife dwell long in examining
him upon fome fingle Matter of Fact, in order to
render his Evidence fufpected by his declaring in Fa-
vour of the Accufed, all, and even more than is for
his Purpoſe; and by this Means he will do him as
much Prejudice, as he would have done him Service,
had he confined himſelf ſtrictly to Truth.
If
Suppoſing (as I ſtated in the ſecond Place) that an
Advocate is ignorant of the Difpofitions of a Witneſs
who is to be examined; in that Cafe, we are by De-
grees, and Step by Step, as it were, to feel his Incli-
nation by our Queſtions, and gradually to lead him
to
300
BOOK V.
M. FABIUS QUINCTILIANUS
to the Anſwer we wish him to give. But becauſe
fometimes Witneffes are artful enough to anfwer ac-
cording to an Examiner's Mind, that they may, with
the more Confidence, contradict him afterwards, it
is the Bufinefs of a Pleader, when appearing for an
Impeachment, to finish the Examination of a fuf-
pected Witneſs as foon as he has given in Evidence
what makes for the Profecutor's Purpoſe.
As for the Advocate who appears for the Defend-
ant, he has in one Reſpect ſome Advantages over the
Profecutor, and in other Refpects he is under fome
Diſadvantages, which his Antagoniſt is not ſubject
to, in examining Witneffes. He is under a Difad-
vantage by its being next to impoffible for him to
know, before Trial, what the Witneſs is to ſay. But
then he has the Advantage of knowing what he has
faid, after being queftioned. In his State of Un-
certainty he ought to be extremely cautious and pry-
ing into the Character of the Profecutor, into the
Nature and Motives of his Enmity to the Accuſed ;
and thoſe ought to be fet forth or foftened in his
Pleading, as he fees Occafion to reprefent the Wit-
neffes, to be fpirited on, by Refentment, by Envy,
by the Thirft of Popularity, or by the Love of Mo-
ney. If the oppofite Party's Witneffes are few, he
is to charge the Evidence with Deficiency; if nume-
rous, he is to reprefent the Profecution as a Con-
fpiracy; if the Witneffes are mean, he is to render
them defpicable; if they are Men of Confequence,
he is to enlarge upon the pernicious Influence of
Power. Mean while, he will find his greateſt Ac-
count in expofing the Motives of the Profecution,
which differ according to the Nature of the Caufe,
and the Complexion of the Profecutor. For with
regard to the Allegations againſt his Evidence, which
3
I
1
BOOK V. His INSTITUTES of Eloquence.
301
I have already mentioned, his Replies are common
and ready. Where the Witneffes are few, and mean,
the Profecutor can make a Merit of the honeft Man-
ner in which he goes to work, by bringing no Wit-
neffes, but thofe whom he knew to be well acquaint-
ed with the Fact in queftion. With regard to the
Variety and Importance of the Witneffes brought,
there is no great Difficulty to run out in Commenda-
tion of fuch Evidence.
It is ufual to ſpeak in Praiſe of Witneffes, and as
ufual to blacken them, either when their written or
parole Evidence is offered. This was more practi-
cable, and more frequent, in thofe Times, when the
Pleadings upon both Sides were finifh'd before the
Examinations of the Evidence began. As to the
Objections to be brought againſt Witneffes, that de-
pends entirely upon their perfonal Character.
The other Manner is that of interrogating; and
the main Point here is to know the Witnefs. If ti-
mid, he may be terrified; if fimple, deceived; if
paffionate, provoked; if ambitious, flatter'd; and
if confuſed, he may be puzzled. But if a Witneſs
happens to be a Man of Senfe and Refolution, and,
at the fame time, your Enemy, and ſturdy in his
Manner, you are inftantly to diſmiſs him without
any Queſtions, but you may take off the Edge from
what he has faid, by fome fmart Obfervation; or, if
you have an Opportunity, you may turn him into
Ridicule by fome humorous Remark; and, if his
Morals are liable to Cenfure, the Infamy of his Life
will deftroy his Credit. It may be for your Advan-
tage, not to prefs too far upon a Witneſs who is a
Man of Probity and Modefty; for we very often fee
that ſuch a Man may be won over by Gentleneſs,
though he may be exasperated by Petulancy.
Now,
302
M. FABIUS QUINCTILIANUS BOOK V.
Now, every Interrogatory is either confined to the
Caufe, or reaches beyond it. With regard to thoſe
confined to the Caufe, I recommend the fame Pra-
Etice I did to the Profecutor; for here the Advo-
cate, by putting Queſtions that lie at a diftance, and
by fuiting a following Queftion to a preceding An-
fwer, often extorts, againſt the Will of the Witneſs,
an Evidence that may be of Service to his Caufe.
But, as to this Practice, nothing is more certain,
than that it lies beyond the Rules and Exerciſes of
Schools; and depends upon Quickneſs of Parts, and
Experience in Practice. But, were I to recommend
any Example to be follow'd, I fhould recommend
the Dialogues of the Socratic Philoſophy, and parti-
cularly of Plato; where the Interrogations are fo
arch, that though moſt of them receive fair Anſwers,
yet they come at laft to the Point, which the Que-
ftioner wants to effect. Sometimes, it is true, it
happens by chance, that a Witneſs may be a little in-
confiftent with himſelf, and very often one Witneſs
contradicts another; but an arch Way of interro-
gating brings on methodically, that which, in other
Cafes, happens fortuitouſly.
It is likewife ufual to put a great many ferviceable
Queſtions upon Matters that reach beyond the Caufe.
For Inſtance, a Witneſs may be examined upon his
own Life and Converſation, and upon thofe of the
other Witneffes, whether they are fcandalous, whe-
ther they are mean, whether they are Friends to the
Profecutor, or Enemies to the Defendant, that in
fuch Queſtions they may either let fall fomewhat that
may be of Service to you, or be expofed by preva-
ricating, or by being over-eager in the Profecution,
But, above all Things, a Pleader ought to be ex-
tremely circumfpect in the Queftions he puts; be-
cauſe
BOOK V. His INSTITUTES of Eloquence.
303
cauſe very often, when the Witneſs is a Man of Hu-
mour, he puts an Advocate out of Countenance by
the Smartneſs of his Repartees, and he is fure to
have the Laugh on his Side. The Expreffions you
make uſe of ought to be plain, and familiar, fo as that
the Witneſs (if, as is often the Cafe, he is a Man of
no great Capacity) may underſtand you; or, that he
he may not, by archly pretending not to underſtand
you, turn you into Ridicule.
Some execrable Practices there are, ſuch as that
of fending a fuborn'd Witneſs to fit on an Adverfa-
ry's Bench, in order to do him more Prejudice when
he gives his Evidence; or that of juſt riſing from
the Side of the Accufed, and giving Evidence a-
gainſt him; or when a Witneſs ſpeaks what is of Ad-
vantage to a Caufe, but induftriouſly deftroys all
the Effects of it, by the Airs of Extravagance, and
Impudence, that he affumes; which not only invali-
date what he himſelf has been ſaying, but diminiſh
the Credit of the Evidence of others, which might
otherwiſe be of real Service. I mention, I fay, all
thefe infamous Tricks, not that they may be pra-
ctifed, but guarded against.
It often happens, that the written Informations (d)
claſh with the parole Evidence. And this too opens
a Field for Difputation, where one Side ftands up
for the Credit of the Oath, and the other for that of
the Subſcribers to the Information, in which they
are unanimous. There is often a Difference with re-
gard to the Witneffes and the Arguments.
One.
Side maintains the Certainty of the Evidence, which
is confirm'd by the Sanctity of an Oath, while Ar-
guments are to be conſidered only as the Inventions
(d) Informations] From this Paffage it appears as if thoſe Infor-
mations had not been taken upon Oath.
2
of
304 M. FABIUS QUINCTILIANUS BOOK V
of a fertile Brain. The other Side reprefents, that
a Witneſs may be influenced by Popularity, Fear,
Money, Refentment, Hatred, Friendship, and Am-
bition, but that Arguments have their Source in the
Nature of Things; that, in the one Cafe, a Judge
believes his own Senfes; but, in the other, he gives
them up to another Perfon. Such Queftions are com-
mon to a vaſt Number of Caufes; they often have
been, and ever will be, Matters of Difpute. Some-
times each Side brings Witneffes, that contradict
thofe of the other; and three Confiderations are re-
quired for determining the Judgment. The firft re-
gards the Characters of the Witneffes; Which is the
moft creditable Perfon? The fecond arifes from the
Evidence; Which Side has given the most probable?
The laſt regards the Character of the litigating Par-
ties; Which Party is poffeffed of moft Power?
If the Reader expects that I am here to mention
divine Evidences, as they riſe from the Anſwers and
Oracles of the Gods, or from Omens, I am to in-
form him, that theſe are handled in two Manners.
The firſt is general; and here there is an eternal Dif-
pute between the Epicureans and Stoics, upon the Ex-
iftence of a Providence (e) that governs the World.
The fecond Manner is fpecial, and regards the Par-
ticulars of the divine Evidence, as applicable to the
Queſtion in Difpute. For, Oracles admit of one
Method, both of being eſtabliſh'd and deſtroy'd; Au-
fpices, Auguries, Dreams, and aftrological Schemes,
of another, becauſe they proceed from entirely dif-
ferent Principles.
(e) Providence] I am not quite clear that the Stoics admitted
the Doctrine of a particular Providence, therefore our Author's
Meaning must relate to the general Providence, or Wifdom, by
which the Syftem of Nature is directed. And the Sentiments of
the Stoics are not over favourable even to that Opinion.
The
BOOK V. His INSTITUTES of Eloquence.
305
The eſtabliſhing, or deftroying, Circumftances of
this Kind, open likewiſe a large Field for pleading.
For Inſtance, Expreffions that proceed from the
Force of Wine, of Sleep, or of Madness; and Dif
coveries that are made by Infants. For there, one
Party alledges that no Impofition enters into the one;
and one, that no Meaning attends the other. Cir-
cumftantial Proof has not only great Weight, but
ought to be called for, whenever omitted in the
Pleading of our Adverſary. You gave me Money;
Who told it out? Where, and when, did I receive it?
You accufe me of Poifon; Where did I buy it? From
whom? In what Quantity? By whom did I adminiſter
it? Who was by? All which Circumftances are dif
cuffed by Cicero in his Pleading for Cluentius, who
was accuſed of Poiſoning. I have now finiſhed, in
as few Words as poffible, what I had to ſay concern-
ing inartificial Proofs.
T
CHAP.
VIII.
CONCERNING ARTIFICIAL PROOFS.
HE fecond Kind of Proofs, which are entire-
ly ARTIFICIAL, and confift in thoſe Circum-
ftances that are proper for engaging the Affent, and
convincing the Mind, is generally either wholly neg-
lected, or very flightly touch'd upon, by thofe who,
declining the rugged, the thorny, Paths of Argu-
ment, love to wanton upon the more gay and de-
lightful Spots. Such Pleaders reſemble thofe Hunt-
ers after Glory, mention'd by the Poets, who, in-
toxicated by the Tafte of the Lotos, and lull'd by
X
the
306
M. FABIUS QUINCTILIANUS Book V.
the Songs of the Syrens, preferr'd Pleaſure to Safety,
and, while they were chafing the Phantom of Glory,
were diſtanced in the Race of true Glory, which
ought to have been their fole Aim.
The Truth is; the Smoothness of Language, and
the other Circumftances, by which the Stream of a
Difcourfe glides fo eafily along, ought to be con-
fider'd only as Affiftants to Arguments; or as
Cofmetics, giving a Complexion, and Plump-
nefs, to the Skin of that Body which is knit and
ftrung with Arguments, as the human Body is with
Nerves. Thus, if we happen to touch upon any
Action that is the Refult of Refentment, Fear, or
Avarice, we are to expatiate a little in defcribing the
Effects, and Nature, of the Paffion. An Orator
follows the fame Method when he commends, im-
peaches, heightens, diminiſhes, defcribes, deters,
complains, comforts, or exhorts. But its chief Ef-
fect lies in Matters which we have already afcer-
tain'd, or confider as being undeniable. There is,
indeed, fome Merit in making a Speech delightful
to the Hearer, and great Merit, when it moves his
Paffions. But thofe Circumftances operate moft
powerfully, after the Judge is fully Maſter of the
Proof; which it is impoffible for him to be, but by
Arguments, and every other Evidence which the
Nature of the Thing admits of.
Before I point out the different Sorts of artificial
Proofs, I think it requifite to mention, that certain
Properties are in common to all Proofs.
Queſtion can arife, that does not relate,
For, no
either to
a Thing, or a Perfon. Neither are general Topics
applicable, but to fomewhat that concerns Things,
or Perfons. Theſe are to be confider'd, cither as in-
dependent, or relative. Neither can there be any
Con-
Book V. His INSTITUTES of Eloquence.
307
Confirmation of a Proof, but what arifes from what
went before, from what follow'd after, or from con-
tradictory Circumftances; and they, neceffarily, muft
happen at a paſt, a preſent, or a fubfequent, Time.
One Thing cannot be proved, but by another;
which must be, either greater, or lefs, than it, or
equal to it.
Arguments arife, either from Queftions that may
be confidered as detached from all Connection with
Things and Perfons, and as exifting independently:
Or, they may arife from the Cauſe itſelf, when fome-
thing is diſcovered in it that is different from the
common Courſe of Reaſoning, and peculiar to the
Queſtion that is to be tried.
With regard to Proofs, they may be divided into
thoſe that are certain, thoſe that are prefumptive,
and thoſe that are not inconfiftent with themſelves.
Let me obferve farther, that all Proofs may be re-
duced to the four following Kinds.
Becauſe one
Thing is, another is not. Thus, It is Day, therefore
it is not Night. Or, becaufe one Thing is, another
Thing is likewife. Thus, The Sun is above the Hori-
zon, therefore it is Day. Or, becauſe one Thing is
not, another is. Thus, It is not Night, therefore it is
Day. Or, becauſe one Thing is not, another is not.
Thus, The Creature is not rational, therefore it is not
buman. I now pafs from Generals to Particulars.
X 2
CHAP.
308
M. FABIUS QUINCTILIANUS Book V.
U
CHA P. IX.
CONCERNING PRESUMPTIVE PROOF.
PON the whole, all artificial Proof confifts,
either in Prefumptions, Arguments, or Exam-
ples. I am fenfible that Prefumptions are generally
confounded with Arguments, or Evidence; but I
have two Reaſons for diſtinguiſhing them. The firſt
is, becauſe Preſumptions are, almoft, of the fame
Nature with inartificial Proofs. For, a bloody Gar-
ment, a Shrieking-out, a difcolour'd, or a livid,
Look, and the like, are Evidences of the fame Kind,
as Writings, Reports, and Witneffes are; neither
are they invented by the Orator, but are Part of his
Inftructions in a Caufe. My other Reafon is, That
fuch Prefumptions, as cannot be mistaken, amount
to more than Arguments; becauſe, when fuch ap-
pear, there can be no Difpute. Now, an Argument
never is uſed but in difputed Matters. And a Pre-
fumption that is doubtful, or may be mistaken, is
not an Argument, but requires Arguments to fup-
port it.
Prefumptions, therefore, are firft to be divided in-
to two Sorts; One, where the Confequence is ne-
ceffary; The other, where it is doubtful.
The firſt Cafe, I mean that of Neceffity, fcarcely
comes within the Rules of our Art; for, where the
Confequence muft neceffarily follow the Prefumption,
there can be no Ground for Difpute. Now, this
happens in all Cafes that neceffarily must happen, or
have happen'd; or the reverfe; in Cafes that neceffa-
rily cannot have happened, nor can happen after-
wards.
BOOK V. His INSTITUTES of Eloquence. 309
wards. In all fuch Cafes, I fay, there can be no
Room for Litigation, but upon the Fact.
This Kind of Prefumption is to be examined
through all Times, paft, prefent, and to come. An
Example of the paft is, When a Woman has borne a
Child, it is a Prefumption fhe is no Virgin (a). An Ex-
ample of the prefent is, That the Sea must roll, when
it is ruffled by the Wind. An Example of the future
is, That a Man must be dead, after his Heart is wound-
ed. Nor is it poffible, That a Crop ſhould arife, where
no Seed has been fow'd: That a Man fhould be at Rome
and Athens at the fame Time: Or, That he ſhould be
wounded with a Weapon, without having a Scar upon
his Body.
Some Prefumptions are, as it were, caught at a
Rebound. For Example, The Man who lives breathes,
and the Man who breathes lives. But the Confequence
is not always reciprocal; nor can we fay, That, be-
cauſe the Man moves who walks, therefore the Man
walks who moves. In like manner, It is poffible for a
Woman, who has not had a Child, to be a Virgin: That
there may be a Roll of the Sea, though it is not ruffled by
the Wind: And, That a Man may die, though he has
no Wound in his Heart.
Some Prefumptions there are, which have no ne-
ceffary Confequence; and though in themfelves they
are not decifive in fixing the Judgment, yet are very
weighty when connected and compared with others.
(a) Virgin.] The Reader may think it a whimsical Obferva-
tion, but I cannot help thinking, that the three Examples, bere
brought, are ftrong Evidences, or, to ſpeak in our Author's Terms.
Prefumptions, of the Antiquity of the Gospel Hiftory; unless we
fuppofe, contrary to all Credibility, that Quindilian Humbled ucon
them by chance. We hele fee the Facts of our Saviour's Birth,
his Miracles, and his Refurrection, attack'd in the ftrongeft Man
ner.
X 3
Some
310
M. FABIUS QUINCTILIANUS
Book V.
Some Prefumptions may be term'd Indications, or
Marks, for tracing out a Fact in queftion. Thus,
Blood being found confirms a Sufpicion of Murder.
But, as a Man's Garment may be bloodied by ftand-
ing too near a Beaſt that is kill'd for Sacrifice, or by
his bleeding at the Nofe, we are not therefore to con-
clude, that every Man, whofe Cloaths are bloody,
has been guilty of Homicide. But, though this Pre-
fumption, of itſelf, is of no great Weight, yet it be-
comes very ſtrong, when joined to other Circumftances.
For Example, when it is proved that the Accuſed
had threaten'd the Deceaſed, that he entertain’d an
Enmity towards him, and that they were together
upon the Spot where the Deceased's Body was found,
Now, when a Prefumption is ftrengthen'd by pofi-
tive Proofs of this Kind, Sufpicion then rifes, as it
were, into Certainty. Some prefumptive Proofs
there are, of which both Parties may avail them-
felves, fuch as Difcolourings, and Swellings, which
may equally be the Symptoms of Crudities, as of
Poifon. And a Pleader has as much Reafon ta
charge the Deceaſed with having given himſelf the
mortal Wound, as another has to charge the Ac-
cufed. The Strength of fuch Prefumptions, there-
fore, depends on the Manner in which they are fup-
ported by other Proofs.
·
Hermagoras reckons the following amongſt the Pre-
fumptions that have no neceffary Confequence. Ata-
lanta is no Virgin, because she used to stroll through the
Woods with young Men. But, if we admit fuch Cir-
cumftances as theſe to be prefumptive Proofs, I am
afraid we must admit every thing that relates to a
Fact, to be fo likewife. And yet, fuch Circum-
ſtances have been regarded in the Light of prefum-
ptive
Book V. His INSTITUTES of Eloquence.
311
ptive Evidence, and that too of the strongest Kind (b).
For, when the Judges of the Areopagus condemn'd
to Death a Boy for picking out the Eyes of live
Quails, they muſt have confider'd that Barbarity, as
a Preſumption, or Symptom, of a Difpofition hor-
ridly cruel, and which, fhould the Boy grow up,
would do infinite Miſchief in Society. Upon the
fame Principle, the Romans confider'd the profuſe
Popularity of Spurius Melius and Marcus Manlius, as
Symptoms of their Ambition to become Kings of
Rome. But I am afraid that this Principle, if too
much indulged, may carry us into Abfurdities. For,
if a Woman is prefumed to be an Adulterefs becauſe
ſhe waſhes along with Men, fhe muſt be preſumed
to be the fame, if fhe eats at Table with young Gen-
tlemen, nay, if ſhe is intimately familiar with any
one. For the fame Reaſon, we may call a fmock
Face, a fauntring Air, and a flowing Garment, Marks
of Effeminacy and Unmanlineſs, in the fame man-
ner as Blood is a Mark of Murder, becauſe they ge
nerally attend Immodefty; for a Mark is properly
that, which, our Senfes tell us, is connected with
the Matter in queftion. Prognoftics, likewife, are
Marks, according to the common Obfervation. Vir-
gil (c) tells us, that the Redneſs of the Moon is a
Sign of Wind, and the Chattering of the Jay, of
Rain. And, indeed, they are rightly term'd Marks,
if their Caufes are owing to the Nature of the Air.
For, if the Moon grows red with Wind, that Red-
nefs is a Sign of Wind; and if, as the fame Poet
fuppofes, a condenfed thick Air makes Birds to
(b) And that too, &c.] I have been obliged to throw in theſe
Words, becauſe I think my Author's Sente requires them.
Vento rubet aurea Phabe. Georg. 1.
-Cornix plená pluviam vocat improba voce. Ibid.
(c) Virgil]
X 4
chatter,
312
M. FABIUS QUINCTILIANUS Book V.
chatter, we look upon that Chattering as a Mark of
the Air's Quality. Now, very fmall Matters may
prefage great Things; for Inftance, the Chattering
of the Jay, which I have mentioned; nor can
it be furprizing, that great Bodies fhould furnish
Intimations, by which we may judge of fmall ones.
W
CHAP. X.
CONCERNING ARGUMENTS.
E comprehend, under the Term of Argu-
ment, the ενθυμήματα, the επιχειρήματα, and
the anodeiseis, of the Greeks; all which, though they
differ in their Names, are pretty much the fame in
their Senſe.
The ενθυμημα, which we cannot well exprefs in any
other Language but the Greek, fignifies any Concep-
tion of the Mind; but we are not here to treat of it
in that Senfe. It fignifies, likewife, a Propofition,
with its Reaſon annexed. Its third Signification is,
a determined Conclufion of an Argument, either by
neceffary Deductions, or from Contrarieties. But
Authors differ with regard to this Matter. For ma-
ny are of opinion, that nothing is a true Enthy-
mema, but that which is founded upon Oppoſition;
and therefore fome call the first Kind I have menti-
on'd, an Epichirema. Cornificius calls it the Argument
of Contrarieties. Some term it a rhetorical Sylla-
gifm: Others, an imperfect Syllogifm, becaufe its
Parts are neither fo diftinct, nor fo numerous, as a
logical Syllogifm is, which is not much required
from Orators.
Valgius
BOOK V. His INSTITUTES of Eloquence,
313
Valgius defines the Epichirema to be, Circumftances
brought to confirm a Propofition. But Celfus thinks
that an Epichirema does not confift in our Expreffion,
but in the Matter itfelf, that is the Argument, by
which we are to prove a Propofition, which we have
only in Idea, before we cloathe it with Words. But
others think, that, far from confifting of an Argu-
ment that is only intended and unfiniſhed, it implies
an Argument that is, in all Refpects, perfect and
compleat. Therefore, properly, and ufually, it is
taken to be a Proof confifting of three Propofitions.
Some have call'd the Epichirema, Reafon (a) itſelf,
but Cicero more properly defines it to be Reafoning.
Which Term, however, has Relation to a Syllogifm.
For Cicero terms a Syllogifm a Manner of reafoning,
and confirms it with fome logical Examples. And,
becauſe there is a Refemblance between the Syllo-
gifm and the Epichirema, he is perhaps in the right
to blend them together under the fame Denomina-
tion.
Demonſtration is evident Proof; and fuch are Ge-
ometrical Demonftrations, that are work'd by Let-
ters. Cæcilius is of opinion that it differs from the
Epichirema, only in the Manner of its Conclufion.
Whatever may be in this, it is certain all are agreed,
that it is a Manner of proving a doubtful Propofi·
tion, by Means that are plain and evident; a Pro-
perty that is in common to all Arguments, for we
never can make ufe of Uncertainties to prove Cer-
tainties. All thofe Terms amount to no more than
a Proof of a Matter, or the Motives of our Be-
lief.
(a) Reafon Quidam ep'chir:ma rationem appellaverunt, Cicero
melius ratiocinationìm,
The
314
M. FABIUS QUINCTILIANUS BOOK V.
The Word Argument, however, is taken in other
Senfes. The Narrative of a dramatic Subject or Com-
pofition is called its Argument. And Afconius gives
us the Arguments of Cicero's Orations. When Cicero
writes to Brutus, he fays, " You were, perhaps, afraid
"that I ſhould ſpoil my Treatife upon Old-Age, with
fomething of that Kind, tho' their Arguments are
<<
cr
very different." Thus we fee that every Subject of
Writing is term'd an Argument. But to paſs over this,
and ſeveral Senfes of the Word, I am to ſpeak of an
Argument as it implies Proof, Difcovery, Credibi-
lity, and Confirmation, all which, I think, relate
to one Matter.
I take an Argument, therefore, to be a Method of
Proof by which one Circumftance is collected from
another, and a doubtful Matter is refolved by Means
that are certain. From this Definition it follows,
that in every Subject of Reaſoning there muft at leaſt
be one certain Point, which we are to take for granted.
Were it not for this, there could be no Footing for
the Proof of a doubtful Matter.
Now every thing is taken for granted that we per-
ceive by our Senfes, fuch as thoſe of Seeing and
Hearing; and Marks, or Symptoms, come under this
Denomination. Univerfality of Belief, likewiſe, eſta-
bliſhes a Certainty. Thus all Mankind believe the
Exiſtence of the Gods, and that it is their Duty to
honour their Father and their Mother. All legal In-
ftitutions, all Opinions eſtabliſh'd, tho' not univer-
fally, yet by the Practice of the Country or State,
where the Diſpute lies, are to be held as eſtabliſhed
Points; for Matters of Right are generally deter-
mined not fo much by pofitive Statutes, as by con-
ſtant and univerfal Cuſtom. We are likewife to take
for granted whatever both Parties agree upon;
what-
ever
BOOK V. His INSTITUTES of Eloquence.
315
ever is proved, and whatever is not contradicted by
the oppofite Party. We may form an Argument in
the following Manner. As Providence (a) governs the
World, fo Wiſdom ought to govern a State; now we
conclude, if Providence governs the World, that
Wiſdom ought to govern a State.
A Man who handles an Argument ought to be ex-
tremely well acquainted with it, and the Force, the
Nature, and the Effects of every Circumftance rela-
tive to it. For he is thereby enabled to render it cre-
dible. Now I diſtinguiſh three Kinds of Credibility;
the firſt is the ſtrongeſt, becauſe it generally happens;
for Example, that a Parent has a natural Affection for
his Children. The fecond is more likely to be true
than falſe; for Example, a Man who is in good Health
To-day, will To-morrow be alive. The third Kind is
barely not repugnant to Credibility; for Example,
the Robbery that has been committed in a Houfe, has been
committed by one of the Family. Ariftotle, in his fecond
Book of the Art of Rhetoric, has a curious Differta-
tion upon the Circumftances that generally affect
Men and Things; upon the Agreement or Diſa-
greement which Nature has implanted amongſt Men
and Things, and their mutual Relation to each o-
ther. He has likewife defcribed the Characters of.
the avaritious, the ambitious, and the fuperftitious
Man; with all that gives delight to the Good, or is
purſued by the Bad, and the different Studies of
different Ranks of Men, fuch as Soldiers, Farmers,
and the like; with the Means of avoiding, or
obtaining, the feveral Objects of their Averſion or
Love.
For
(a) Providence] I have endeavoured to form fome Kind of an
Argument out of the Original here, but it is extremely perplex'd
and corrupted.
316
M. FABIUS QUINCTILIANUS Book V.
•
For my own part, I here take my leave of that
Subject, which is not only tedious, but impractica-
ble, or rather infinite; and the Conception of it, be-
fides, depends upon that Meaſure of common Senfe,
with which every Man is endued. If any one how-
ever defires to be better acquainted with it, he may
have recourfe to the Treatife I have mentioned.
With regard to Credibility, upon which the great-
eſt Part of all Reaſoning is built, I fhall here give
fome Examples, by which the Reader may fee how
other credible Propofitions are formed. Is it credible
that the Son murder'd the Father? or, that the Father
committed Incest with the Daughter? On the
On the contrary,
Whether a Stepmother has been guilty of Poifoning? or,
an abandon'd Youth of Adultery? We have other Ex-
amples, Whether it is credible that fuch a Villainy fhould
be perpetrated in the Face of the whole World? Whether,
for a paltry Sum of Money, fuch a Witness has been guilty
of Perjury? Now the Meaſure of Credibility in each
of thefe Examples depends upon each Agent here
mentioned having generally a peculiar Caft of Difpo-
fition; I fay generally, and not always, for then the
Propofition would ceaſe to be credible, and become
certain (a).
Let us now beat about the Fields of Arguments,
by which I mean the Topics whence they are drawn;
tho' fome Readers may perhaps think that I have al-
ready done that in the Examples I have juft now
given. I call them Fields, or Topics, not in the
general Senſe of the Word, as when they are applied
to the Subjects of Debauchery, Adultery, and the
like; but I mean the Manfions where Arguments lie,
and
1
(a) Certain] The two firft Examples here given have little Cre
dibility in them; but we are to obferve, that our Author fuppofes
the third Example to be very credible, which does no great
nour to the general Character of Roman Stepdames.
Ho-
BOOK V. His INSTITUTES of Eloquence.
317
and are, as it were, concealed, till we bring them to
light. For every Soil is not proper for every Pro-
duct, and if you are ignorant of the Properties of
Grounds, you never can know where to find Wild-
Fowl or Venifon. Fiſhes, in like manner, have their
Haunts; fome Kinds love a ſmooth, and ſome a
rough Coaft; and fome Fiſhes are peculiar to certain
Climates and Countries. Some Fiſhes, frequent in
other Countries, are not to be found on our Coafts.
In like manner, it is not every Subject that furniſhes
every Sort of Argument. Unleſs we fearch with
Skill, we cannot fucceed but by Chance, and con-
fequently we muft lofe a great deal of Travel and a
great deal of Time in the Search. But if we know
the Properties of every Soil; if we know the Nature of
the Fields where Arguments lie; whenever we come
upon the Spot, it is eafy for us to fee what it con-
tains.
In the first place then, Arguments often arise from
Perfons; all Queftions, as I have already remark'd,
having relation to Perfons and Things. Now the
Motive, the Time, the Place, the Opportunity, the
Inftrument, the Manner, and the like, are Accidents
of Things. As to the Accidents of Perfons, I fhall
not, as fome have done, pretend to give a Detail of
them here, but content myſelf to point out fuch of
them as furniſh us with Arguments.
Amongſt theſe I give the firft Place to BIRTH. For
Children are generally prefumed to refemble their Pa-
rents and their Anceſtors; and fometimes their Birth
is a ſtrong Inducement towards their living with Cre-
dit or Difcredit in the World.
NATION. For every Nation hath peculiar Man-
ners and Characters; and the Barbarian, the Greek,
2
and
318
BOOK V.
M. FABIUS QUINCTILIANUS
and the Roman, differ from one another in their
Ways of Thinking.
STATE. Becaufe States likewife differ from one
another in their Laws, their civil Inftitutions, and
their political Principles.
SEX. Thus it is more probable a Man fhould be
guilty of a Robbery upon the High-way, and a Wo-
man of Poiſoning in private.
AGE. Becauſe every Age has its own Purſuits and
Pleaſures.
EDUCATION AND BREEDING.
Becauſe it is of
great Importance to know, under whom and in what
Manner a Perſon was brought up.
THE BODILY CONSTITUTION OF A PARTY. For
very often the Complexion of a Perſon is made ufe
of as a Prefumption of his being luftful, and his
Strength, of his being infolent; and the contrary.
FORTUNE. For an Allegation may be probable
when applied to a rich Man, but not, when to a poor
one; the former having Store of Relations, Friends,
and Dependants; and the latter being deftitute of
them all.
CONDITION. For there is a wide Difference be-
tween Eminence and Obfcurity; between a Magi-
ftrate and a private Perfon; between a Parent and a
Child; between a Citizen and an Alien; between a
Freed-Man and a Slave; between a married Man
and a Batchelor; between the Man who has Chil-
dren and the Man who has none.
THE NATURAL DISPOSITION. For Avarice, Paf-
fion, Pity, Cruelty, Severity, and the like Qualities,
either ſtrengthen or weaken Credibility in certain
Cafes.
STUDIES likewife. The Farmer, the Lawyer, the
Merchant, the Soldier, the Sailor, and the Phyfician,
have
Book V. His INSTITUTES of Eloquence.
319
have all of them different Ways of Thinking and
Acting.
We are likewife to confult what a Party affects;
whether his Affectation lies in being thought rich, or
eloquent, juft, or powerful. We are to regard his
paft Deeds and Sayings, becauſe we thereby are en-
abled to make ſome Eſtimate of the preſent.
To theſe fome add Commotion, which is defined
to be an inſtantaneous Movement of the Mind to-
wards Anger, Fear, or the like. As to Deſigns ei-
ther prefent, paſt, or future, it is true they relate to
the Perfon, but yet I am for ranking them amongſt
the Motives that arife from Caufes, as I would the
Difpofition of Mind, by which a Man becomes a
Friend, or an Enemy.
Some reckon the Name amongst perfonal Argu-
ments; but tho' every Perfon has a Name, yet it is
feldom that any Argument rifes from it; unless there
is fome Motive for beftowing upon a Man a particu-
lar Appellation; fuch as that of, The Wife, the Great,
the Rich; or when it fuggefts certain Deſigns to a
Man; as when Lentulus entered into the Confpiracy
of Catiline, becauſe he was of the Cornelian Family,
and he thought himſelf the third Cornelius (the other
two being Sylla and Cinna) to whom the Sibylline
Book and Oracles allotted the Sovereign Power in
Rome. I likewife remember that Euripides is guilty
of a poor Pun, by making one Brother upbraid an-
other, whofe Name in the Greek imply'd, a Dealer in
Contention; as if his quarrelfome Temper had been
fuited to his Name. A Pleader, however, has many
Opportunities of introducing Jokes, and Cicero makes
frequent Ufe of them in his Pleading against Verres.
Thus much I thought proper to fpeak, with regard
to Perfons and the like, but without pretending ei-
*
2
ther
320 M. FABIUS QUINCTILIANUS Book V.
ther in this, or any other Part of my Work, to com-
prehend every Circumftance that may poffibly ariſe
from the Heads I treat of; all I do is to point out a
Method, of which an inquifitive Student may avail
himſelf in his Enquiries.
I now proceed from Perſons to Things; and as
Actions are moſt nearly connected with Perfons, I
fhall begin with them. Now, in all Actions we ex-
amine into the Motive, the Place, the Time, the
Manner, and the Agents.
Arguments therefore may arife from the Caufes of
an Action, whether performed, or to be performed:
Now this is a Subject which we may divide into two
Kinds, and make four Diviſions of each Kind. For
the Caufe or Motive of Actions proceeds either from
what is good, or what is bad; that we may obtain,
improve, preſerve, or uſe the former; or avoid,
efcape, diminiſh, or alter the other; for all theſe
Conſiderations have great Weight in all our Reaſon-
ings. But fuch Reaſonings arife only from juftifiable
Principles, for all our Errors in Conduct proceed
from miftaken Opinions, which are occafioned by
the falfe Notions we have of Good and Evil. Thefe
give birth to Miſtakes, and the moft pernicious Af-
fections, fuch as Anger, Hatred, Envy, Avarice,
Impatience, Ambition, Prefumptuoufnels, Fe, and
the like. Fortuitous Circumftances often are
added; Ignorance, for Inftance, and Drunkennefs,
which fometimes help to foften, and fometimes to
aggravate a Charge; thus, if a Man is charged with
killing one Perfon, while he was endeavouring to
compafs the Destruction of another. We therefore
make ufc of the Motives of an Action, not only to
prove, but to defend a Matter that is charged; for
Inftance, when one pleads a juftifiable Motive for
what
Book V. His INSTITUTES of Eloquence.
321
what he has done, or alledges that his Action pro-
ceeded from a virtuous Principle. But I have, in the
third Book, already handled that Subject. Defini-
tions fometimes depend upon Motives; for Exam-
ple, Whether a Man is guilty of Regicide for killing a
Tyrant (a) who had caught him in the Act of Adultery ?
Whether the Action of the Man who makes use of Wea-
pons that are confecrated in the Temple, in order to op-
pofe the Invaders of his Country, is to be defined SA-
CRILEGE?
Arguments likewife may arife from the Place
where an Action happened. It may be of great Con-
fequence in a Caufe to examine, whether the Place
was ſmooth or rugged; whether it lay on the Sea-
Coaſt, or up in the Country; whether it was an In-
cloſure, or a Field; whether it was a High-Road,
or a bye Place; whether it was nigh, or at a Diſtance;
whether it was convenient, or inconvenient, for the
Purpoſe; all which Confiderations are very ſtrongly
laboured by Cicero, in his Pleading for Milo. It is
true, theſe, and the like, Confiderations are often con-
jectural, but they fometimes enter into the Matter of
Law, and are decifive. For Example, it may be a
decifive Point to know whether the Place is public or
private; confecrated, or prophane; our own, or be-
longing to another; or when the Queftion relates to
a Perfon, whether a Man is a Magiftrate, a Parent,
or an Alien. For Arguments arife from all theſe
Confiderations. The Money, for Inftance, which you
have stolen, is indeed private Property, but as you ftole it
in a Temple, you are guilty, not of Theft, but of Sacri-
Lege. You have killed an Adulterer, in which you are
juftified by Law, but your Action is Murder, becauſe you
1
(a) Tyrant] This Example is omitted both by Rollin and Ge-
doyn, I fuppofe it is put in Contraft with the other.
Y
killed
322
M. FABIUS QUINCTILIANUS BOOK V.
killed him in a privileged Place. You have been guilty of
a Breach of the Peace, but by the Violence being offered to
a Magiftrate, it becomes treasonable. Such like Con-
fiderations operate by way of Defence; for Inftance,
I am juftified in what I did, because I was a Father, or
becauſe I was a Magistrate.
But the fame Arguments that eſtabliſh a Matter of
Fact, have a trong Operation in eſtabliſhing the
Point of Law. The Place likewife is often material
in determining the Quality of an Action. A Thing
may not always be lawful or decent, when acted in
fuch, or fuch a Place. The particular Conſtitutions
of a State, or Country, are likewife important Con-
fiderations, becauſe fome Countries differ greatly from
others in their Manners and Laws. It is likewife.
very effectual in recommending ourfelves, or in dif-
paraging our Adverfaries. Thus Ovid makes Ajax
fay;
Before thefe Ships my Caufe am I to plead,
Thefe Ships, from which Ulyffes bafely fled?
And one of the Aggravations of the Charge againſt
Milo was, that he had killed Clodius amidst the Mo-
numents of the Clodian Family. The Confideration
of Place is likewife as important to a Pleading as is
that of Time, of which I am now to ſpeak.
I have already obferved that when we mention
Time, it is done either generally, or fpecially. Ge-
nerally, as when we fay, At this Time, in former Times,
in the Time of Alexander, in the Time of the Siege of
Troy. In fhort, this Divifion comprehends what is
paſt, preſent, and to come. The fpecial Divifion
marks out, whether an Allion happened in the Summer,
or the Winter; by Night, or by Day; and it likewife
comprehends whatever is accidental, whether it hap-
pencd
BOOK V. His INSTITUTES of Eloquence.
323
pened during a Peftilence, during a War, or during an
Entertainment, or the like. Now the Confideration
of Time operates in Deliberations and Pleadings, but
in judiciary Matters it frequently occurs, and is
fometimes decifive: Becauſe it may occafion a Que-
ftion of Law, it may point out the Quality of an Ac-
tion, and is very effectual in eſtabliſhing a Proof;
nay, it is a Confideration that is fometimes irrefra-
gable. For Inftance, when it can be proved, that the
contracting Party was dead before the Date of a Writ-
ing, which he is alledged to have figned. When it can
be proved, that a Man either was an Infant, or not
born at the Time, when he is faid to have executed fuch a
Deed. Let me add, that moft Arguments arife from
Circumſtances that either happened before an Action,
or were connected with it, or fubfequent to it. Be-
fore you threatened to murder the Deccafed, you wont a-
broad in the Night-time, you met him upon his Road.
All Motives for an Action, likewife, belong to the
Time that is paſt. But fome have refined too much
upon the fecond Divifion of Time, as connected with
an Action. For Inftance, when a Noife, or a Cry of
Murder was heard at the Time of an Action. As to the
fubfequent Time, you have fince abfconded; you have
fled from Juſtice, the Body is fwelled and difcoloured.
The Defendant likewife is to avail himself of the Con-
fideration of Time, in order to deftroy the Charge
urged against him. In fhort, this Confideration
comprehends every thing that is faid to be ſpoken or
acted, during the Courſe of a Thing that is tried,
and that in two Manners.
For fome Actions have a Profpect, and fome a
Retrofpect. For Inftance, when a Man is accuſed of
Pimping his own Wife who is very handfome, and it
is urged against him, that he married her, that be
Y 2
324
M. FABIUS QUINCTILIANUS Book V.
might get Money by letting her out to others, knowing be-
forehand, that he was a common Prostitute. A young
Rake is accuſed of murdering his Father, and he is
charged with having faid to him, You never in your
Life fhall reprimand me again. Now, the former is
not a Pimp for marrying, but he marries becauſe he
is a Pimp. Nor does the other murder his Father,
becauſe he dropp'd that Expreffion; but he dropp'd
that Expreffion, becauſe he had determined to mur-
der him.
As to Arguments furniſhed by Accidents, they
undoubtedly relate to fubfequent Circumftances; but
they are mark'd by fome Property, as when we fay,
Scipio was a better General than Hannibal, for he con-
quer'd Hannibal. Such a Man is an excellent Pilot,
for he never was fhipwreck'd. Such another is an excel-
lent Farmer, for he has large Crops. Thus we fay, in
the reverſe, Such a Man has been a Spendthrift, he has
run out bis Fortune, he has lived in an infamous Manner ;
or, he is univerfally hated.
In all conjectural Matters, the Means and Ability,
which a Party has for executing an Action, is a main
Confideration. Thus, we are moft apt to believe,
"that the Many butcher'd the Few; the Strong,
"the Defenceleſs; the Wakeful, the Sleeping; the
66
Deſigning, the Unfufpecting." The following Con-
fiderations have likewife great Weight in Trials,
Whether a Man had the Inclination; and, Whether he
bad the Abilities. For, the Hopes of Succefs often
prompt the Will. Thus, we find Cicero ftating a con-
jectural Caſe as follows. (b)" Clodius, fays he, way-
"laid Milo; and not Milo, Clodius. Clodius met him
(b) Clodius] The Words quoted here in the Original by our
Author, are not the precife Words of Cicero, and which I have
tranflated.
"equipped,
BOOK V. His INSTITUTES of Eloquence.
325
66
"epuipped, upon horfeback, unattended by his
"Chariot, without any Incumbrances, without any
"of his ufual Grecian Servants, and, what was more
"extraordinary, without his Wife. While the Trai-
"tor before
you, who had fet out with a murderous
Intention, was riding in a Chariot with his Wife,
"muffled up in his Cloak, furrounded by a nume-
"rous Incumbrance of Servants, fearful Women,
"and feeble Boys." With the Means and the Abi-
lities, we may connect the Inftrument; which, in-
deed, partly furniſhes out the Abilities, and fome-
times gives Occafion to very ftrong Prefumptions:
As for Example, When a dead Body is found with a
Perfon's Sword sticking in it.
The Manner, likewife, of doing a Thing is to be
confider'd; for that regards both the Quality of the
Fact, and the Law. For Inftance, I may have Oc-
cafion to maintain, That an Adulterer ought not to have
fallen by Poifon, but by the Sword. The Means may
likewife aid a Conjecture; for Inftance, were I to fay,
"that a Thing's being done above-board, fhews it
ઃઃ
was done with a good Intention; or, that a Thing
"has been done with a bad Intention, becauſe it
"was done infidioufly, in the Night-time, and in a
folitary Place."
<<
Now, with regard to Circumftances, the Nature
and Purport of which are examined independently of
Perfons, and other Things that conftitute a Cauſe,
we are, doubtless, to regard, Whether the Thing is?
what it is? and of what Nature it is? But, as each
of thofe Confiderations fuggefts the fame common
Matters of Argument, I fhall forbear running them
into Subdivifions, and refer them to the feveral Places
where they occur.
Y 3
A De-
326 M. FABIUS QUINCTILIANUS
Book V.
A Definition likewife fuggefts Matter of Argu-
ment in two Manners; for, we may examine either
directly, Whether an Action is virtuous? or, we may
previously examine, What is Virtue? In like man-
ner, we may define a Word in general; for Inftance,
Rhetoric is the Art of Speaking well. Or, we may de-
fine it circumſtantially; Rhetoric is the Art of forming,
arranging, and pronouncing a Difcourfe, with Strength
of Memory, and Propriety of Allion. Sometimes our
Definition is taken from the Property of the Thing
defined; and fometimes it is expreffed in the Word.
Thus we fay, that "a Man is finical, from his being
"over-fine; or, that he is a landed Gentleman, from
"his having Store of Lands," and fo forth.
Definitions relate chiefly to the Kind, the Species,
the Difference, and the Property of Things; and all
thefe furniſh out Arguments. The KIND does not
go far in proving the Affirmative of a SPECIES, but it
goes very far in proving its Negative. For Inftance,
A Tree is a Tree, but that does not prove it to be a
Plane-tree. On the other hand, If it is not a Tree,
it confequently cannot be a Plane-tree. Such a Thing
far from being a Virtue, therefore it must be far from be-
ing juft. We are, therefore, to proceed from the
Kind to the moſt characteriſtical Species. If we fay,
Man is an Animal, that is not enough, becauſe it does
no more than mark out the Species. If we add, a
mortal Animal, we mark, indeed, the Species, but it is
a Species that is in common to other Animals. But
if we add, a rational Animal, that Characteriſtic ren-
ders the Definition complete.
The SPECIES, undoubtedly, on the other hand,
marks out the KIND, but it does not go fo far in dif-
proving it. Thus, Justice is a Virtue; but that which
is not Juftice may be a Virtue likewife, fuch as For-
titude,
Book V. His INSTITUTES of Eloquence.
327
titude, Continency, and Refolution. Therefore, the
KIND ought never to be feparated from the SPECIES,
without feparating, from that Kind, every Species
that depends upon it; in this Manner, That which is
neither immortal, nor mortal, is not an Animal.
To the Kind, and the Species, are added Properties,
and Differences; the former eftabliſhing, and the lat-
ter deftroying, a Definition. A PROPERTY is that
which is peculiar to one Subject, fuch as Speech and
Laughter to Man. Or, a Thing may have a Proper-
ty, but it may not be peculiar to it; thus, Fire warms.
One Thing may have feveral Properties; Fire, for
Inftance, gives Light, as well as Heat. Therefore,
whenever a Property is wrong applied, the Definition
is imperfect. And a Definition may contain a Pro-
perty, without being complete. We very often have
Occafion to examine into the Properties of Things;
for Example, the Etymology of the Word leads us
to conclude, that a Tyrannicide, properly fpeaking,
is a Man who kills a Tyrant. But this I deny; for,
if a Man, by his Profeffion, is an Executioner, and if
a Tyrant is put into his Hands in the Courſe of
Juſtice, he is no Tyrannicide, though he puts him
to death. Neither is he a Tyrannicide, if he kills
him inadvertently, or unwillingly. Now, wherever
a Property does not anfwer, a Difference muft arife.
To ferve, is one thing; to be a Slave, is another. The
following is a Point we often handle in Cafes of thofe
who ſerve their Creditors, till fuch time as their
Debts are diſcharged. A Slave, if made free, be-
comes a Freed-man; but that is not the Cafe with
regard to the Man who is obliged to ferve his Credi-
tors. We have many Inftances of the fame Kind,
which I fhall treat of in another Place.
Y 4
When
328 M. FABIUS QUINCTILIANUS Book V.
When we divide the Kind into the Species, and add
fomewhat that diftinguishes the Species, we call it a
DIFFERENCE. An Animal is the Kind; mortal is a
Species; two-legg'd, or four-legg'd, is the Difference,
that diftinguiſhes it from a Fifh, or a Reptile, with-
out either being a Property peculiar to any Species of
Animals. This Obfervation, however, is not fo ufe-
ful in arguing, as in affifting us to define accurately.
(c) Cicero tells us, that a Definition is improved
by Divifion; but he diftinguiſhes fuch a Divifion
from an oratorial Partition, which divides the Whole
into Parts, whereas the other points out each different
Species of the fame Kind. He tells us, that the
Number of Parts is uncertain; for Example, it is
uncertain how many Subjects live under one Govern-
ment; but we are certain as to Forms. Thus, we
know how many Sorts of Government exift, which
are three One wherein the People, another wherein
a few, and a third wherein one Man, is Sovereign.
Cicero, who addrefs'd his Work to Trebatius, who
was a Lawyer, chufes to make ufe of Inftances from
the Law, inftead of thoſe I have given, and which, I
think, are better adapted to common Underſtandings.
Now, Properties form Part of a conjectural Cauſe.
Thus, where a Man is a good Man, his Property is
to act uprightly, and we are to prefume that he does, (d)
as we are, that a paffionate Man is apt to fall into
indecent Language. On the other hand, and for the
fame Reaſon, though drawn from different Subjects,
we are to prefume, that there are certain Things, of
which certain Perfons are incapable,
(c)*I have omitted a few Lines of the Original, which are
neither material, nor intelligib'e; but I durft not venture to follow
Mr. Rollin's Example, in omitting a great deal more.
(d) The Senfe here feems to require the Words in Italicks to
be added,
Divi-
BOOK V. His INSTITUTES of Eloquence.
329
Thus, you main-
by proving that
But, if
But, if you are
Divifion is equally effectual in proving, as in re-
futing, an Allegation. In proving, it is enough to
attach yourſelf to a fingle Part.
tain that a Man is a Roman Citizen,
be either was born, or was made one.
to deſtroy this Allegation, you muſt difprove both
Propofitions, and fhew, that he neither was born, nor
was made, a Roman Citizen. And, as this Divifion
may increaſe, ſo there is a Kind of Arguments for
removing Allegations, by which we fometimes fhew
the Whole to be falſe; and ſometimes, that only one
Allegation, of many, is the true one. We prove the
Whole to be falſe in this Manner.
"You fay, you
"lent this Money; now, you muſt either have had
"it of your own, or you muſt have had it from
"fome one, or you muſt have found it, or you muſt
"have ftole it; but if you neither had it of your
own, nor receiv'd it from
plain you have not lent it."
Allegation, out of many others, which you remove in
this Manner. "This Slave, whom you claim as yours,
"was either born in your Family, or you bought him,
<<
(6
'
another, &c. then it is
You eſtabliſh a ſingle
or he was given you as a Preſent, or he was taken
"in War, or he belongs to another Perfon." Then,
by removing all the foregoing Propofitions, you
prove the laſt to be the only true one of the whole.
In Divifions of this Nature, you muſt carefully
examine the Kind, otherwife you may do great Pre-
judice to your Caufe. For, in laying down your
Propofition, if you omit any one Species arifing from
the general Head, you may ruin the whole of your
Pleading, and be, at the fame time, turned into Ri-
dicule. Cicero is very cautious in this Refpect, in his
Pleading for Cecinna. When he puts the Queftion,
If it is not a Matter of Viclence that is now to be tried,
what
330 M. FABIUS QUINCTILIANUS
Book V.
3
what is to be tried? Here, at a Breath, he removes
all Allegations. Or, when two incompatible Propo-
fitions are laid down, yet both equally operating fuf-
ficiently to prove our Purpoſe; an Example of which
we have in Cicero's Pleading for Cluentius. One Thing,
fays he, my Lords, which the greateſt Enemy Cluentius
has must agree in with me, is, if that Bench fhall appear
to have been corrupted, it must have been corrupted either
by Habitus or Oppiniacus. If I fhew that it was not
corrupted by Habitus, it must have been by Oppiniacus.
If I fhew that it was by Oppiniacus, then I vindicate
Habitus.
An Argument may be divided into two Parts, fo
as to oblige our Adverfary to admit one of them,
though both are equally hurtful to his Caufe. Thus
Cicero, when he pleads for Oppius; Whether, ſays he,
was the Sword wrenched out of his Hands upon his
attacking Cotta, or when he attempted to kill himself?
And in his Oration for Varenus; You have, ſays he,
your Option to believe that the Journey of Varenus was
purely accidental, or that it was by the Inducement and
Perfuafion of the other. And then he turns both Pro-
pofitions againſt the Impeacher. For Example; In
difputing against the Vanity of Philofothy, we difcover
Philofophy. Why are we to make use of a Figure, if the
Tbing is intelligible? And why ſhould we make uſe of one,
f it is unintelligible? A Man will prevaricate upon the
Rack, if he can endure Torments; he will prevaricate, if
be cannot endure them. I have already mentioned the
Paft, Prefent, and the Future, as the three Periods
of Time. I am now to obſerve, that naturally eve-
Action is terminated in three Movements, as I may
ry
call them; for every thing has a Beginning, a
Growth, and an End. First a Fray, then Bloodshed,
then Murder. Here, therefore, is a Place that 'fup-
plies
BOOK V. His INSTITUTES of Eloquence.
331
plies us with Arguments, which prove one another;
for the End is inferred from the Beginning. (e) The
Woof is black, and how can the Web be white? On
the contrary; Sylla had no ambitious Motive in taking
up Arms, as appears by his refigning the Dictatorship.
In like manner, Arguments may be drawn from the
Growth of a Thing, which may point out its Begin-
ning and Ending; and that not only in the conjectu-
ral State of a Cauſe, but when it turns upon a Mat-
ter of Law; as when we enquire whether the Effect
does not proceed from the Beginning. For Inftance,
Is not the Man who began the Fray to be confidered as the
Author of the Bloodshed that ensued?
Arguments are furniſhed from Similars. For Ex-
ample; If Continence be a Virtue, Abſtinence is one alſo.
If a Guardian is obliged to find Security, an Agent ought
to do the fame. This Manner is, by Cicero, termed
Induction. Arguments are likewife drawn from Dif-
fimilars. Though Chearfulness is a Happiness, Pleaſure
is not. Though you may pay Money to a Woman grown
up, yet you are not to pay it to a Minor, without the
Guardian's Order. Arguments likewiſe ariſe from
Contrarieties. Frugality enriches, becauſe Luxury im-
poverishes. If War brings Penury, Peace will bring
Plenty. If we ought to pardon the Man who burts us
without knowing it, we owe no Thanks to him who ſerves
us without defigning it. Arguments likewife ariſe from
Contradictions: The Man who is wife, is not a Fool.
And from Confequences, or Inferences: If Justice is
a public Benefit, it ought to be adminifter'd uprightly. If
(e) Orig. Non poffum togam prætextam fperare, quum exordium
pullum videam.] Though both the Senfe and the Letter of this
Paffage direct us to the Meaning which I have given it in the
Tranflation, yet it feems to be a proverbial Saying, and we are
at a lofs as to the original Propriety of it.
3
Treachery
332
M. FABIUS QUINCTILIANUS Book V.
Treachery is an Evil, we never ought to betray. Each
of theſe Propofitions may be reverfed. The follow-
ing are of the fame Nature, and therefore they pro-
perly come into this Place. A Man can never lose a
Thing he never had. We do not wilfully injure the Per-
fon we love. If a Man intends to make another his Heir,
be must have loved him, he does love him, and he will
love him.
But, as thofe Propofitions admit of little or no
Doubt, they are pretty much the fame with the in-
fallible Preſumptions I have already mentioned. The
Difference (and a minute one it is) is, that the latter
are confequential in the Nature of Things, and the other
progreffive in the Order of Facts. As to Words, I am
not very curious about them. It is fufficient for me,
if my Reader understands my Meaning, that the one
is eternal, and the other occafional. (f)
I make no doubt, therefore, that the following Ar-
guments will be rank'd under the fame Head, though
the Confequence follows what is premifed. They are
of two Sorts; firft, thofe regarding Action. If he
was unable, fays Cicero in his Pleading for Oppius, to
carry them into the Province against their Wills, bow
could be, against their Wills, detain them there? The
next regards Time: If, fays the fame Orator in his
Pleading againſt Verres, the first Day of January was
to put an end to the Authority of the Prator, why was
not that Authority to bear Date from the fame Term?
Now, thofe Examples are fuch that, by reverfing
the Propofitions they contain, the contrary Conclu-
(f) Occafionol] I have tranflated this Paragraph becauſe of its
very extraordinary, I will not fay ufeful, Refinement. The Truth
is, our Author feems to give it rather as a Specimen of his Skill
In diftinguifhing, than for any other Purpofe; and I have tranf
fated it with the fame Intention.
fion
Book V. His INSTITUTES of Eloquence,
333
fion will hold good. For if Men could not be de-
tained againſt their Will, it follows, that they could
not be brought against their Will (a).
Arguments likewife which reflect Proof upon one
another, tho' fome have confidered them apart, yet
I rank them in the confequential Kind. Cicero fays,
that fuch Arguments ariſe from Matters that come
under the fame Defcription. For Inftance, If the
Rhodians could honeftly farm out their Revenues, Her-
mocreon might hcnftly be the Farmer: The Thing that
may be taught with Honour, may be learned with Ho-
Under this Rank, as it has the fame Effect,
tho' it is turned in a different Manner, I place a fine
Saying of Domitius Afer; I, my Lords, have accuſed,
and you have condemned. Such likewiſe are the Argu-
ments which are mutually confequential, or prove
the fame thing from different Premifes. Thus, If we
fay that the World had a Beginning, we must admit that
it is to have an Ending; because every Thing that has had
a Beginning, must have an End.
nour.
Of the fame Kind are the Arguments that prove
their Effects by their Caufe, or their Caufe by their
Effects; which fome call the Topic of Caufes. Now
in this Manner of Reaſoning, the Confequence fome-
times neceffarily happens, and fometimes it happens
only generally, without a Neceffity of being implied.
"For when a Body in the Light throws out a Sha-
"dow, herever the Shadow is, that Shadow proves a
"Subſtance to be there." With regard to thofe that
do not follow neceffarily, either from the Caufe, or
the Effect, or from both together, the following are
Examples. "The Sun difcolours, but it does not fol-
"low, that it difcolours every Thing that is dif
coloured.
(a) I have here taken fome Liberty with the Original, which
eems not quite confiftent with our Author's Meaning.
334
M. FABIUS QUINCTILIANUS
Book V.
"coloured. Travelling is dufty, but it does not
"follow there is no Road that is not dufty, or that
""
every Man who is dufty has come off a Journey.'
Examples of real Confequences are as follow. "If
"Wiſdom makes a Man good, the good Man is a
"wife Man. From hence we conclude, that a good
"Man will act with Credit, and a wicked Man the
"reverſe. And all who do the firft are good Men;
"and all who do the latter are wicked (a)." A dif-
ferent Example is; "Frequent Exercife generally
"renders a Man robuft; but it does not follow that
every Man who is robuſt makes use of frequent
"Exercife." "Fortitude takes from us the Fear of
"Death; but it does not follow, that every Man
"who has no Fear of Death has Fortitude.'
"" "The
"Heat of the Sun may make a Man's Head ache,
"but it does not follow that the Sun is hurtful (b)
"to Mankind."
The following Arguments are fuited to the deli-
berative Kind. Virtue gives us Glory; therefore we
ought to court it: Pleafure, Infamy; therefore we ought
to avoid it. Now we are very properly enjoined not
to impute Effects to Caufes too far back, like the
old
(a) Orig. Si fapientia bonum virum facit, bonus vir eft utique fa-
piens. Ideoque boni eft honefte facere; mali, turpiter: & qui honefte
faciunt, boni; qui turpiter, mali recte judicantur.] There is here no
great Preciſion of Terms, for the Paffage feems to be quoted from
Memory, out of fome of Cicero's Works, and, as ufual, has fuf-
fered. I have however endeavoured to give the Meaning, with-
out deviating from the Letter of my Author.
(b)_Orig. inutilis] I do not know what the Authors of Lexi-
cons, Dictionaries, Tranflations, &c. may have obferved with re-
gard to this Word, but I am here, once for all, to acquaint my
Reader, that the philofophical Senfe of it, both with Cicero, and
my Author,is not a " Thing without Advantage, or without Profit,
but a Thing that is against both, a Thing that is hurtful, preju-
dicial, or inconvenient." It is inconceivable what Inaccuracies the
not attending to this Obſervation has occafioned in the learned
World.
BOOK V. His INSTITUTES of Eloquence. 335
old Woman in the Medea of Euripides, who imputes
the Misfortune of her Miſtreſs to the first cutting
down of Wood for the Conftruction of Ships. And
Philoctetes tells Paris," Had you known how to com-
"mand your own Paffions, I had not been thus mife-
"rable." This Way of retracing Caufes too remote,
makes the Conclufion too fanciful to be ventured
upon.
I ſhould think it ridiculous here to rank the con-
jugated Argument, had not Cicero done it; for furely
that a juft Man acts justly, requires no Proof. Or
that a Common ought to be in common.
Arguments are called Appofites or Comparatives,
when the greater is proved by the lefs, or the lefs by
the greater, or an Equal by an Equal. In conjec-
tural Cafes, the lefs is proved by the greater, in this
Manner, The Man who has been guilty of Sacrilege, will
be guilty of Theft. The greater by the lefs, in this
Manner, Aready and a bold Liar will not stick at Per-
jury. An Equal by an Equal, as follows, The Man
who takes Money to give an unjust Judgment, will take it
to give a falſe Evidence. The fame Way of arguing
holds in legal Matters. From the greater; If it is
lawful to kill an Adulterer, it is lawful likcwife to whip
him. From the lefs; If it is lawful to kill a Pick-
pocket, why not to kill a Highwayman? From an E-
qual; The Punishment inflicted upon Paricide is due to
Matricide.
Thefe Arguments are handled fyllogiftically. But
the following are more proper for Definitions or Qua-
lities. If Strength (c) is not an Advantage to Bodies,
far
(c) Orig. Si robur corporibus bonum non eft, minus fanitas.] I
ſhould have ventured with M. Gedoyn, to have tranflated this Paf-
fage in a quite different Senfe, viz. If Strength of Body is an Ad-
vantage, Health is a much greater. But tho' two MSS. are with-
out the non, I cannot find that any is without the minus in the O-
riginal. The Example however is applicable as it stands.
336
M. FABIUS QUINCTILIANUS Book V.
far lefs is Health. If Theft is a great Wickedness, Sacri-
lege is a greater. If Abftinence is a Virtue, fo is Con-
tinency. As Providence (d) governs the World, fo Wisdom
ought to govern a State. If an Architect must proceed
by a Plan, how regular ought a General or an Ad-
miral to be?
Some have fubdivided this Manner, tho' I think
unneceſſarily, for every Thing muſt be either greater
or leſs, or of equal Power; and if we ſtick by this
Obfervation, all the farther Subdivifions and Min-
cings down are unneceffary; for Compariſons are as
infinite as the Properties that are compared, and there
ſcarce can be a Property that is not comparative.
For Inftance, whatever is pleaſant, agreeable, vir-
tuous, or uſeful.--But hold-I am growing loqua-
cious in blaming Loquacity.
I fhall only bring a few Examples out of a great
many. From the greater. Cicero fays, in his Plead-
ing for Cecinna, Are we to be furprized that a Handful
of Lawyers were startled at that which terrified a whole
Army in the Field? We have, in his Pleading againſt
Clodius and Curio, an Example from the moſt eafy;
And could you, Sir, think of fucceeding, when a Man,
whoſe Interest you allow to be fuperior to yours, did not
Succeed? From a more difficult, in his Pleading for
Ligarius; Obferve, Tubero, I beg, that I, who boldly
own what was done by myself, dare not plead guilty to
what was done by Ligarius. There is in the fame O-
ration another Example; Shall Ligarius have no Rea-
fon to hope for himself, while I have room to intercede
with you for another? From the lefs, in his Plead-
ing for Cecinna; Do you hold it a fufficient Proof of Vio-
lence, that the Men were armed, and is it not a fufficient
Proof when we show they maltreated them?
(d) See p. 315.
That
BOOK V. His INSTITUTES of Eloquence.
341
That I may wind up the Matter in a few Words;
Arguments are derived from Perfons, Cauſes, Places,
Time, Means, Manner, Definition, Kind, Species,
Difference, Nearnefs, Remotenefs, Divifion, Begin-
ning, Progreſs, and End; from Likeneſs, Unlike-
nefs, Contradictions, Confequences, Efficients, Ef-
fects, Events, Connections, and Compariſons, which
are innumerable. I fhall only add, that they are de-
rived not only from Facts agreed upon, but from
fuppofed Facts, which the Greeks call Hypotheses.
Now, all the above mentioned Particulars furniſh as
many Suppofitions as Realities, and Suppofitions are
defigned to operate in the fame Manner as Realities.
For, according to my Meaning, a Suppofition is
ſomewhat propofed, which, taking it for Reality,
either decides the Queſtion, or renders it more eafy;
and then we are at liberty to fhow, the Conformity
between the ſuppoſed, and the real, Cafe.
That young Gentlemen, who are upon their Stu-
dies, may the better comprehend my Meaning, I
will bring an Inftance from common Life. The
Law fays, Whoever does not fupport his Parents, ought
to be loaded with Irons. A young Man does
not fupport them, and yet pleads to be exempted
from the Penalty; for which Purpoſe he makes uſe
of Suppofitions, If he was in the Army, if he was in
his Infancy, if he was abroad in the Service of his
Country; fuppofing any of theſe Cafes to be true, he
is to be exempted from the Penalty. When a Man
has it in his Option to chufe what Reward he pleaſes
for delivering his Country, fuppofing he does it,
that he himself may feize the Government, that be
may plunder Houses, and ranfact Temples, what
then is the Cafe? Confiderations of this Kind have
Z
great
K
342
M. FABIUS QUINCTILIANUS Book V.
great Weight in determining the Senfe of Law a-
gainst its Letter.
Cicero, in his Pleading for Cluentius, gives us In-
ftances of this Kind; "If your Steward alone drove
"me out, I cannot be faid to have been driven out
by your Family, but by one of your Family.
"But if you have no Servant, but the Steward who
"drove me out, common Senfe will look upon this
''
' as a meer Quibble." The fame Method of Sup-
pofing is of Service when we fpeak to Qualities.
Says Cicero, in his Pleading for Lucius Murena, Had
Lucius Catiline, with his Cabal of Ruffians whom he
carried along with him, been in a Capacity to judge in this
Affair, he would have condemned Lucius Muræna; if
be could, he would have killed him. It likewife ferves
in Matters of Amplification. Had you done this, fays
he in his Second Philippic, in the Time of Supper, amidst
your extravagant Debauch of Drinking, who would not
have thought it fcandalous? Says the fame Orator, in
his Invective againſt Cataline, Had your Country a
Tongue to speak, hear the Words in which we may ſuppoſe
ber to accoft you.
Such are the general Topics from which Argu-
ments are drawn. But it is impoffible to difcufs
them minutely, becauſe every Topic furniſhes inex-
hauftible Funds of Arguments. Any one who fhall
attempt the impoffible Tafk, will find himſelf under
two Diſadvantages; that of faying too much, and
that of not ſaying enough. Hence it is, that a great
many young Gentlemen, when bewilder'd in fuch in-
extricable Labyrinths, confider themſelves as fetter'd
by the Letter of certain Rules, and therefore inftantly
refign all the Powers of their own Genius, and, by
following a Maſter, they abandon Nature.
3
For
BOOK V.
His INSTITUTES of Eloquence. 343
For, as it is not fufficient to know in general, that
all Truths are either derived from Perfons, or from
Things, becauſe that general Divifion comprehends
an Infinity of other Divifions; in like manner it is
of no great Service for a Student to know that Argu-
ments are drawn from Circumftances, that either
have preceded, were connected with, or followed an
Action, unleſs this Knowledge fhall lead them to
ſpeak whatever is proper to be faid in the Caufe;
eſpecially as many Proofs arife purely from the Com-
plexion of a Caufe, and are quite independent of all
other Caufes. Such independent Proofs, let me add,
are the ſtrongeſt, and the leaſt common; and the
Uſe of general Precepts is to direct us to find out
thoſe Arguments, that are peculiar to every Cauſe.
This Kind of Argumentation we call Circumftan-
tial, or a Proof arifing from what is fpecial, or pe-
culiar in a Cauſe. For Example, when we plead
ſpecially in the Caufe of an adulterous Prieft, who
fought to fave himſelf becauſe the Law gave him the
Privilege of faving one Perfon. That Privilege, Sir,
may we ſay, cannot reach to yourſelf, for fhould it reach
to you, it must fave the Adulterefs, because the Law does
not fuffer her to die unless you die likewife, which is the
real Cafe.
A Law is in Force to oblige Bankers to pay half
of what they owe, but they may call in the whole of
their own Debts. Now one Banker made a Demand
upon another for the whole of what he owed him.
Here the Reaſoning arifes from the Peculiarity of the
Cafe of the Creditor; for the Law provides, that a
Banker may call in the whole of his Debts. With
regard to others than Bankers, there was no Occa-
fion for fuch a Law, for every Man, tho' no Banker,
Z 2
has
344
Book V.
M. FABIUS QUINCTILIANUS
has a Right to demand the whole of what is owing
him.
Many new and particular Cafes arife in the Va-
riety of Bufineſs, efpecially in Cafes that are to be
decided according to Inftruments in Writing; be-
caufe Words are often fubject to Ambiguities, and a
Cafe may be attended with fuch Circumftances as
ſerve to perplex it more than Ambiguities themſelves.
Such Cafes are neceffarily multiplied by a Complica-
tion of Laws and other written Inftruments, that are
brought either to confirm or to deſtroy one another.
As when one Circumftance points out another, and
when one Matter of Law is brought to explain an-
other. Can it be fuppofed I owe you Money, fince you
never have demanded it, either Principal or Interest; ſo
far from that, you borrowed Money from me? The
Law fays, that the Son, who, when his Father is ac-
cuſed of Treafon, does not appear and act in his Defence,
is to be difinherited. No, fays the Son, not unless my
Father is acquitted. But how do you maintain that
Propofition? Why, because another Law fays, that a
Perſon who is condemned of Treafon fhall, together with
bis Advocate, be fent into Banishment.
I am farther to obferve, that a Pleader is to take
as much Care of the Propofition he lays down, as of
its Proof. This, if it does not difcover the ſtrongeſt,
diſcovers the preferable, Powers of Invention. For as
Weapons are uſeleſs to a Man who throws them at
Random, fo are Arguments to a Pleader, unleſs he
forefees how they are to be applied. And this Qua-
lity is not to be communicated by Rules. For this
Reaſon, two Advocates may be equally knowing in
their Art, and may make ufe of much the fame Ar-
guments, and yet the one may apply them to much
better Advantage, and with much greater Variety
3
than
BOOK V. His INSTITUTES of Eloquence. 345
than the other. Here I fhall ftate a Cafe of a pretty
fingular Nature.
"Alexander the Great having demoliſhed Thebes,
"found a Bond by which the Theffalians obliged
"themſelves to repay to the Thebans a thouſand (b)
"Talents they had borrowed. Alexander was fo far
from requiring Payment of this Bond, that he
ઃઃ gave it up to the Theffalians who ferved him in
"his Wars. After the Government of Thebes was re-
"eſtabliſhed by Caffander, they claim'd Payment of
"the Money from the Theffalians, and the Matter
"comes to a Hearing before the Amphillyons, the
"chief Counſel in Greece." Here it appeared beyond
Controverfy that the Money had been lent, but never
recovered. The whole Difpute therefore turns upon
the Validity of the Prefent Alexander made to the
Theffalians. It likewife appears, that he did not
give them the Preſent in Money; we are therefore to
examine if his remitting them the Bond, is not the
fame Thing as his making them a Prefent of the Mo-
ney? Now to what Purpoſe fhould I beat about for
Arguments, without firft confidering how I can
prove, that Alexander's Gift was no legal Deed; that
it was an Act he could not execute, and that he did not
execute it.
To fay the Truth, the Claim of the Plaintiffs ap-
pears at firſt in a very ſtrong and favourable Light,
becauſe the Bond was taken from them by Force : But
have a Care,--we are about to touch upon a harſh
and a jarring String, I mean the Right of War,
which the Theffalians will tell you, regulates the Con-
fitutions of States and Empires; and fixes the
Bounds of Territories. We are therefore to caft
about to find in this Caufe fome Speciality that
(b) About a hundred and fixty-five thoufand Pound.
2 3
makes
346
M. FABIUS QUINCTILIANUS Book V.
makes it different from other Caufes relating to the
Right of Conqueft; and here the Difficulty will not
lie in the Proof you are to bring, but in the Propo-
fition you are to lay down.
In the first Place, we are to alledge, that the
Right of Conqueft is no Confideration in a Matter
that is regularly brought into a Court of Juftice;
and that whatever is taken by Force, can be main-
tained no otherwife than by Force; but that Force
filences Juftice, and where Juftice refides, all Vio-
lence is out of the queftion. Now, after we have
laid this Propofition down, we are to fearch for Ar-
guments to fupport it. For Inftance, we are to
bring the Cafe of Priſoners of War, who are en-
titled to the Privileges of their own Country, as foon
as they can return to it; becauſe all Property, ac-
quired by War, must be maintained by the fame
Force that acquired it. There is, likewife, a Speci-
ality in this Caufe, that the Bench of Amphityones (a)
are to decide it; in the fame manner as our Courts.
of a Hundred Commiffioners decide upon different
Principles, from what a private Judge would do in
the fame Caufe.
In the fecond Place, it may be infifted upon, that
a Conqueror has it not in his Power to difpofe of Justice
as he thinks proper; that he can poffefs no more than
what he can bold; and that fuftice, being incorporeal,
is not to be held in Fetters. This Allegation is more.
difficult to be found out,than to be ſupported by fuch
(a) This was the most reputable Court in all Greece; and was
compofed of Commifiioners from the different States, who fat at
Thermopyla. Our Author's Meaning in this l'affage muft be, that
fo great a Court as the Amphityores in Greece, or the Centumviri at
Rome, wou'd not only decide with more Courage, but with more
Equity, as the Matter of Equity was entirely on the Side of the
Thebans.
as
BOOK V. His INSTITUTES of Eloquence:
347
as the following Arguments.
..
66
"That the Tenure of
an Heritage is very different from that of Con-
queft; becauſe the Right remains with the Heir,
"though the Property may pass to the Victor. That
"in this Caufe there is a material Confideration;
"for the Right to a Loan made upon public Cre-
"dit could not pafs to the Conqueror, becauſe the
People made the Loan, whereby it became the
Right of every Individual amongst them; and
"that, while a fingle Theban remain'd free, he had
"a juft Claim to the whole Debt. Now, Alexander
"had not every individual Theban in his Power."
This Propofition is felf-evident, and requires no
Proof from other Circumftances.
66
66
The third Head a Pleader is to go upon, in this
Cafe, is more common. "The Bond, he may fay,
"did not give the Thebans a Right; it was no more
"than an Evidence of Right." And this Propofition
may be defended by a great Variety of Arguments.
The Intention, likewife, of Alexander is very quefti-
onable; Whether it was to do them IIonour, or to de-
ceive them. Here he has again Recourfe to the Spe-
ciality of the Cafe; and he may make it a Matter of
freſh Controverfy, by maintaining, that, even Suppo-
fing the Thebans to have loft their Right, yet they reco-
ver'd it the Moment they recover'd their Independency.
This opens a Field of Difquifition into the Intentions
of Caffander. But an Orator, of all things, before
fuch a Court as that of the Amphillyones, is to avail
himfelf of his Eloquence in pleading for the Spirit
of Equity againſt the Quirks of a Law.
•
Had I thought the Knowledge of thofe Topics,
that furniſh out Arguments, ufclefs, I fhould not
have recommended it; but I am againſt having
young Gentlemen, after making themfelves acquaint-
2 4
ed
348
M. FABIUS QUINCTILIANUS Book V.
As
ed with that Particular, neglect other Requisites of
an Orator, from a Prefumption of their being fi-
nih'd and complete Mafters of the Art. Give me
leave to fay, that, unless they apply to the fubfe-
quent Parts that I am to communicate, all they learn
befides will avail them but little. For, the Disco-
very of the Arts of Speaking did not introduce the
Eſtabliſhment of Proofs and Arguments; no, Speak-
ing was practifed before it was taught, and, in Pro-
cefs of Time, Writers collected and publiſhed their
Obfervations, and, from them, Rules were formed.
For the Truth of this, I appeal to their making ufe
of the Examples brought from antient Orators.
to themſelves, they invent none that are new, none
that have not already been in Writing. The Merit
of the Compofition is owing to the Practice of Elo-
quence; but thofe Writers, who have facilitated the
Study of it, have their Merits likewife. For, the
Diſcoveries, which former Writers ftruck out by the
Force of Genius, are all enjoyed, and are all known,
by their Succeffors: But what does this Knowlege
avail? No more than the learning in an Academy
to fence, wreſtle, ride, and dance, avails the Man
who does not put his Body in Order by Exercife, by
Sobriety, by a proper Diet, and, above all, by means
of an excellent Conftitution. All which Advantages
too, are, in a great Meaſure, ineffectual, unleſs the
Perfon knows how to uſe them.
I am likewiſe to inform my Pupil in Eloquence,
that every Particular I have treated of, is not to be
found in every Caufe. Neither is he, when he has
got a Subject to fpeak upon, to pore into all the To-
pics, and Common-places of Arguments, I have
touch'd upon; he is not to beat about every Buſh,
that he may examine what is for his Purpoſe, and
what
BOOK V. His INSTITUTES of Eloquence.
349
what is not. No; that is a Practice only fit for
young Beginners, and thoſe who have no Experience
in Speaking. Eloquence would be a tedious, nay;
an endleſs, Study, were we to handle and fumble
about every Argument, till Experience informs us
of its Powers and Purpoſes; nay, I am not fure whe-
ther fuch a Multitude of Precepts may not rather
embarraſs than affift a Pleader, unleſs he is qualified
by Nature with a Quickneſs of Difcernment, and
with a Sagaciouſnefs in Study, that carries him di-
rectly to the Arguments that are beft fuited to the
Cauſe he pleads. For, as a fine Voice is greatly af
fifted by its being accompanied with an Inftrument;
fo if the Hand which touches that Inftrument be
aukward, if it is for ever thrumming and fetting
the Inftrument to its proper Tone, inftead of touch-
ing it in a maſterly Manner, the natural Graces of
the Voice by itſelf are preferable. Thus, the Rules
we lay down are only uſeful by being fitted and ad-
apted to Eloquence, as the Inftrument is to the
Voice. But it is Practice alone that, in this Reſpect,
can make us reſemble thofe great Maſters, who can
make their Fingers touch every Power of Harmony,
who can call out of an Inftrument every grave, eve-
ry fharp, every gentle Sound it contains, without
being puzzled in looking over the Notes.
A great
Pleader, in like manner, never is embarraffed by the
great Number and Variety of the Arguments that
occur to him. No, he naturally falls into them ;
they throw themſelves into his Way; and they no
more obftruct his Paffage, than the Confideration of
Letters and Syllables retard the Pen of a ready
Writer.
>
CHAP.
350
M. FABIUS QUINCTILIANUS Book V.
CHA P. XI.
CONCERNING EXAMPLES.
HE third Kind of Circumftances that are fo-
TH
reign to a Cauſe, and yet enter into it, are
called, by the Greeks, Paradigmata; which they ge-
nerally apply to all Comparifons efpecially in Mat-
ters that reft upon hiftorical Authority. That which
they call a Parable, we call a Simile; and that which
they call a Paradigma, we call an Example. So
they are often uſed as convertible Terms. For my
Part I fhall generally uſe the Word Example, to
comprehend both. It is true, Cicero makes a Diftinc-
tion between a Compariſon and an Example, for
he divides all Arguments into two Parts, Induction,
and Reaſoning. The Manner in which Socrates
excelled had this peculiar Property, that, after ob-
liging his Antagoniſt to make a great many Con-
ceffions of Queſtions he put to him, he brought him
at laſt to admit the very Point he wanted to bring
him to, or ſomewhat that was in all Refpects fimilar.
This is what Cicero calls Induction, but it is a Man-
ner that cannot be practiſed in an Oration, for there
we take as granted, every Thing that Socrates took
by Conceffion. Suppofing we are to ask what is
the most generous Fruit? Is it not that which has the
moſt exalted Qualities? No Doubt it is. Which is
the beſt Horſe. Has not he that has the best Blood, the
greatest Perfections? Other Queſtions of the fame
Kind may be put before you come to your main
Purpoſe. What do you say as to a Man? has not be
who has the greatest Perfections, the best Blood! un-
doubtedly he has. In examining Witneffes, this
Manner
BOOK V. His INSTITUTES of Eloquence.
351
Manner may do excellent Service, but we are to
alter it, when applied to a continued Difcourfe.
For there the Orator is to anſwer it himſelf. Which
is the most generous Fruit? That, to be fure, which
has the best Qualities. Which is the best Horse? He
who has most Strength and Swiftness, without Regard
to Blood. Is Man then the only Being who is to
value himſelf upon his Blood and not upon his Perfecti-
ons?
Now every Thing of this Kind muft either be fi-
milar or diffimilar, or contrary. With regard to Si-
milarity, it fometimes ferves only for an Ornament
of Speech, and I will treat of it in its proper Place.
I am now to ſpeak of that which relates to Probation.
The moſt effectual of thoſe are what we call Exam-
ples; by which I mean, the Mention of a Matter
either real or fuppofed, in that Manner which is moſt
conducive to perſuade your Hearer to agree to what
you fay. Here you are to confider whether the Simi-
larity holds in the whole, or only in a Part; that
you may make ufe either of the whole, or only fo
much of it as is for your Purpofe. An Example of
Similarity is as follows. Saturninus was juflly put to
death, fo were the Gracchi. An Example of Diffimi-
larity is, Brutus put to death his Sons for confpiring a-
gainst their Country. Manlius put his Son to death for
exerting his Courage. An Example of Contrariety is,
Marcellus restored the Ornaments of their City to the
Syracufans, tho' they were his Enemies; Verres bas
Stript them of the fame Ornaments, tho' they were his
Allies. In the demonftrative Kind they are made ufe
of in the fame Manner, both to blame and to re-
proach. Nay, fimilar Examples have a good Effect
in deliberative Cafes, which regard future Events.
As for Example, fuppofe an Orator fhould obferve,
that
352
M. FABIUS QUINCTILIANUS Book V.
that Dionyfius the Tyrant demanded Guards for his
Perfon, that he might employ them in enflaving his
Subjects. And ſtrengthen it with another Example,
that Pififtrates domineered over his Country in the
fame Manner.
The Similarity of fome Examples, as in the laft I
have given, holds in every Refpect. But fometimes
they are applied from greater Subjects to lefs, and
from lefs to greater. For Example, If whole Cities
have been demolished for Violation of the Marriage.
Bed, how ought the guilty Party to be punished? When
the Muſicians retired from the City, they were recalled by
an Order of the State, then how much stronger Reafon is
there, that Men who poffefs great Authority, and have
done noble Services to their Country, should be recalled
from Exile, when they are obliged to give way to Envy ?
Unequal Examples, however, are moſt prevalent in
Matters of Exhortation. Valour is more admirable in a
Woman, than in a Man. Therefore if we are to infpire
Men with Courage, the Examples of Horatius and
Torquatus are not near fo effectual for that Purpoſe,
as is the Example of the Woman by whofe Hand
Pyrrhus was killed. Nor are the Example of Cato or
Scipio in their Deaths, fo prevalent as is that of Lu-
cretia, tho' it is an Example drawn from a lefs to a
greater.
Now I cannot bring Examples of all thefe Kinds
from any better Authority, than from Cicero. In his
Pleading for Murena he fays, "For I myself hap-
pened to ftand in Competition with two Patricians,
one the moft wicked and audacious, the other the
moſt modeſt and virtuous of Mankind; yet in
Dignity I was fuperior to Catiline, and in Intereft
"to Gella." In his Pleading for Milo, we have an
Example of a greater from a lefs; "They, my
Lords,
4.6
.6
BOOK V. His INSTITUTES of Eloquence.
353
"Lords, deny that a Man, who confeffes he has
"killed another, fhould be fuffered to fee the Sun-
"In what Place do thefe Fools think they are argu-
"ing? Surely not in that City, where the firft De-
"cifion in a capital Cafe was upon the Life of the
"brave Horatius; who, before the Date of Roman
"Liberty commenc'd, was acquitted by the af
"fembled Comitia of the Roman People, tho' he con-
"feffed that with his own Hand he had killed his
"Sifter." An Example of a lefs from a greater, is
in the fame Pleading. "I have flain, might Milo
"have faid, I have flain, not a Spurius Melius, who,
"in a Time of Scarcity lowered the Price of Corn,
"tho' to the Ruin of his own Eſtate, and who was
cr
ſuſpected of having an Eye to Royalty, becauſe of
"his affecting too great Popularity; not a Tiberius
"Gracchus, who feditioufly annulled the Authority
"of his Colleague; yet their Deſtroyers have filled
"the World with the Glory of their Exploits: But
"(for the Man who faved his Country at the Ha-
"zard of his own Life, had a Right to uſe ſuch
cc
Language) I have flain a Man, whofe infamous
"Adulteries, our nobleft Matrons detected even in
"the moſt awful Receffes of immortal Beings, whoſe
"Puniſhment the Senate often decreed ought to ex-
"piate the Violation of facred Rights." The whole
of Cicero's Invective against Clodius is of the fame
Kind.
As to Examples from Diffimilars, they may be
treated in various Manners. For many Requifites
enter into them; fuch as the Kind, the Manner, the
Place, and all the other Circumstances by which
Cicero overthrows all the Prefumptions that feemed
to bear fo hard againft Cluentius. In the fame Ora-
tion, he blames the Animadverfion of the Cenfors,
by
354
M. FABIUS QUINCTILIANUS BOOK V.
by Way of Contraft to the Conduct of Scipio Africa-
nus, who when Cenfor, fuffered a Perfon to pafs in
Review with his Horfe, tho' he knew him to have
been guilty of Perjury in open Court, and had pub.
lickly promiſed to give Evidence against him, but
would not, becauſe being Cenfor, he muſt in that
Cafe have been both Judge and Party. But, to a-
void Prolixity, I fhall not tranfcribe the Words of
Cicero.
We have, however, in Virgil, a fhort Example of
an Argument from Contrariety; fays he,
You lye-you never from Achilles rofe,
He mourn'd my Anguish and he felt my Woes.
Sometimes we give a Narrative at large. Thus
Cicero in his Oration for Milo; "When a military
CC
<c
Tribune, fays he, a Relation of Caius Marius, at-
tempted to pollute the Body of a Soldier in that
"General's Army; the Raviſher was killed by the
"Soldier, who was acquainted by that great Man,
"fince the virtuous Youth fought to avoid at the
"Hazard of his Life, what he could not fuffer with-
❝out the Violation of his Honour." An Intima-
tion is fometimes fufficient; "The great Ahola Ser-
"vilius, fays he in the fame Pleading, Publius Na-
66
fica, Opimius, and the Senate, when I was Conful,
"cannot be deemed otherwife than criminal, if it is
66
a Crime to put to death the Abandon'd of our own
"Country." He makes ufe of that fhort Manner,
becauſe the Facts he touched upon were well known,
and becauſe the Intereft of his Client, and his Regard
for the Audience required it.
The fame Method ought to be obſerved in quoting
the Fictions of the Poets; only they are not of that
Weight as hiſtorical Paffages. As to the Ufe to be
made
Book V. His INSTITUTES of Eloquence. 355
made of them, we have it from the fame great Fa-
ther and Maſter of Eloquence, an Inſtance of it in
the fame Pleading. "Therefore, my Lords, it is
"not without Reaſon, that fome ingenious Writers
"have, in fabulous Hiftories, informed us, that
"when a Difference in Opinion aroſe with regard to
"the Men who revenged the Death of his Father,
by that of the Murderefs his Mother, the Par-
"ricide was acquitted by the Oracle; an Oracle too,
my Lords, pronounced by the Goddeſs of Wif-
"dom herfelf."
66
..
The Fables, likewife, that go under Efop's Name,
(tho' Hefiod appears to be the original Inventor of
them) entertain and amufe the Mind efpecially of
Country, plain, People, who fincerely attend to
every Thing that is marvellous, till the Pleaſure they
have in it wins over their Belief. Thus we are told
that Menenius Agrippa reconciled the Commonalty to
the Senate of Rome, by telling them that well-known
Fable of the Difcord between the Limbs and the
Belly. And Horace has even deigned in his Epiftles,
to introduce an Apologue or Fable, To the fick Lion
once the wily Fox. Of the fame Kind are proverbial
Expreffions, which are a Kind of Fables in E-
pitome (a). I look like an Afs under a Pack-faddle; a
Plague upon my Drivers.
Next to the Example the Simile makes an Impref-
fion; eſpecially that which is formed of Circum-
ftances that are almoft equal, without any Mixture
of a foreign Matter. "As they who at an Election
"fell their Votes (fays Cicero in his Pleading for Clu-
"entius) are avowed Enemies to the Candidates that
"are close-fifted; in like manner thofe Judges came
"predetermined againſt the Defendant."
(a) See Cicero to Atticus, L. 5. Ep. 15:
As to
what
356
M. FABIUS QUINCTILIANUS BOOK V.
what Cicero calls a Compariſon, the Materials that
compoſe it are farther fetch'd.
"And if they who
"have already made the Harbour after a Voyage, uſe
"to be very earneft in cautioning thoſe who are ſet-
re
ting fail, with regard to Tempeſts, Pirates, and
"Shores, becauſe we are by a natural Benevolence
"inclined to be concerned for thoſe who are en-
66
tering upon the Dangers which we have juſt ef-
"caped, how deeply affected muſt I, who have wea-
"thered a violent Tempeft, have now almoft made
"Land, be for a Man whom I foreſee is to encount-
"er the moft violent Commotions of the State?"
Inftances of the fame Kind are likewife drawn from
mute and inanimate Beings. Similars, by employ-
ing them in this Manner, appear differently; it fel-
dom therefore happens that we have, in Pleading,
occafion to draw a ludicrous Picture from a fimilar
Object, as when Caffius calls out, What Fellow is that
comes hobbling along like a lame Dray-Horfe? But
we often find it proper to employ Similars, in order
to explain or enforce what we intend. You are to
prove that the Mind ought to be cultivated, you then
compare it to the Grounds, which when neglected,
are over-run with Thorns and Weeds; but when cul-
tured, produce the Fruits of the Earth in due Seaſon.
If you are to exhort one to dedicate his Services to
the Public; you touch him with a Similitude from
Bees and Ants, which are not only mute but diminu-
tive Animals, and yet they labour for the public
Good. Cicero cloaths a fine Sentiment in the fame
Manner. "As a Body, fays he, without a Mind,
"fo is a City without Laws, for it cannot properly
"employ its conftituent Parts, which are the Nerves,
"the Spirits, and the Limbs of the Body Politic."
But
BOOK V. His INSTITUTES of Eloquence.
357
But he employs in his Pleading for Cornelius, a Si-
militude from Horfes; and, in that for Archias, one
from Stones. Some are very obvious, as when we
compare an Army without a General, to a Ship with-
out a Steerſman.
But we may miſtake the Propriety of our Compa-
rifons, and therefore we are to employ them with
Caution. We are not to ſay that as a new Ship is pre-
ferable to an old one, fo new Friendships are prefe-
rable to old ones. We are not to fay, that as it is a
fine Quality in a Lady to be liberal of her Fortune,
fo it is commendable in her to be liberal of her Per-
fon. For tho' the Similarity of Age and Liberality
anfwers, yet the Meaning becomes very abfurd, when
the one is applied to Friendship and the other to
Beauty. Therefore in this Manner the Propriety
of the Application is the chief Confideration.
¿
In the Socratic Manner of Queftioning, which I
have already mentioned, great Circumfpection ought
to be uſed in Anfwering. Thus Efchines, in his So-
cratic Converſation, makes the Wife of Xenophon too
inconfiderate in her Anfwers to Afpafia.
Tell me,
"O Wife of Xenophon, fays Afpafia to her, if
<c
your
Neighbour has richer Jewels than you have, which
"would you have, hers or your own? Hers, re-
"plies the other. If her ornamental Attire is
"finer than yours, which would you have, hers or
your own? Hers, no doubt; fhe anſwers again.
"Now, proceeds Afpafia, if her Huſband was bet-
"ter than yours, which would you have, hers or your
<<
own?" Here the Lady falls into Confuſion, and
well fhe might, after being incautious enough to con-
fefs her own Diſhoneſty in coveting her Neighbour's
Property. But had her firft Anfwer been proper,
A a
that
+
358 M. FABIUS QUINCTILIANUS BOOK V.
that he had rather have her own Jewels, fuch as
they were, than her Neighbour's, fhe might with
great Decency have anſwered, that he would rather
have her own Hufband, fuch as he was, than her
Neighbour's, tho' a better Man.
Without entering into all the affected.Nicety, which
fome Profeffors make ufe of in this Subject, I am
here to obferve, that a fruitful Source of Argument
lies in the Similarity, the Diffimilarity, and the Con-
trariety of Law. Says Cicero in his Topics, "If a
"Man has the Life-Rent of a Houfe, and that
"Houfe fhould tumble down, the Heir is not o-
bliged to repair it, becauſe if a Man has the Ufe of
"a Slave for Life, and that Slave fhould die, the
"Heir is not obliged to put another in his room."
An Example of Contrariety is as follows; "The not
"figning a Contract cannot prevent the Legality of
..
•
a Marriage, when the Parties are agreed to con-
fummate it; for if it is not confummated, it can-
"not ſtand, even tho' the Contract is figned." The
fame Orator in his Pleading for Cecinna, gives us an
Example of Diffimilarity; "Were a Man, fays he,
"to drive me from my Houfe with Force of Arms,
"the Law would give me a Remedy, and fhall it
give me none, if he fhall forcibly obftruct my
"Entrance ?"
66
Some diſtinguiſh between Analogy and Simi-
litude; but I think Analogy is a Species of Similitude.
For fure there is a Similarity, when we fay, "As
46
one is to ten, fo is ten to a hundred." "A Traitor
is an Enemy." But Analogy admits of a farther Pro-
greffion, as when we fay, "If it is fhameful for a
"Miſtreſs to have a criminal Converſation with her
"Slave, it is fhameful likewife for a Maſter to have
an Intrigue with his Maid. If Pleaſure is the
GL
"End
7
BOOK V.
His INSTITUTES of Eloquence.
359
..
*End of mute Creatures, are we not to account it that
"of Man likewife?" A ready Anſwer to thoſe Pro-
pofitions occurs from Diffimilarities. "An Intrigue of
"a Mafter with his Maid is very unlike that of a
"of Miſtreſs with her Slave." " If Pleaſure is the
"End of Brutes, we are not to conclude it to be
“End of rational Beings likewiſe."
Authority is alſo a Part of circumftantial Proof.
The Greeks look upon certain Things as being ad-
judged Points, becauſe they have been the Senti-
ments of Nations, People, wife Men, eminent Citi-
zens, and illuftrious Poets. Even Matters that reſt
upon general Belief, or popular Opinion, have their
Weight. Nay, fuch Circumftances have fometimes
perhaps the greater Weight, becauſe they are not a-
dapted to any particular Purpoſe, but refult from
Minds free and difintereſted, who act and fpeak in
fuch a Manner, becauſe they think it moſt agreeable
to Virtue and Honour. Were I to bewail the Ca-
lamities of Life, I furely would avail myſelf of the
Practice of certain Nations who mourn'd for thoſe
that were coming into the World, and rejoiced over
thoſe who were going out of it.
Were I to recommend Mercy to a Judge, would I
not very properly mention that Athens, the wifeft
of all States, looked upon it, not as an Affection
of the Mind, but as an Object of Adoration?
How are we to confider the Sayings of the cele-
brated feven Wife Men, but as fo many Rules of
Life? Were notorious Adultereffes to be profecuted
for poiſoning, how hard the Opinion of Cato bears
upon them, who declared that every Adulterefs was a
Poiſoner likewife? As to Quotations from Poets,
they frequently occur, not only in oratorial, but in
A a 2
philo-
الي الم
360 M. FABIUS QUINCTILIANUS Book V.
philofophical Writings. For tho' Philofophers think
their own Precepts and Learning fuperior to all o-
thers, yet have they not difdained to ftrengthen their
Authority by Poetry. We have a celebrated Ex-
ample to this Purpofe, when the Megareans, in their
Contention with the Athenians about Salamis,
loft their Cauſe by a Verfe of Homer importing
that Ajax joined his Fleet with the Atheni-
ans, (a) tho' that Verfe is not to be found in
all the Editions of Homer. Vulgar Maxims,
becauſe their Authors are unknown, have the greater
Authority, and are received as the general Senfe of
Mankind. For Example; The Man who has Wealth
has Friends; Confcience is a Wall of Brass. An Exam-
ple of this Kind occurs in Cicero; As the old
Proverb has it, like naturally draws to like. Now,
fuch Sayings as thefe, never would have endured
from Time immemorial, had they not been univer-
fally received as Truths.
The Authority of the Gods, as fignified by their
Oracles, is here ranked, by fome, under this Divi-
fion; nay, they have given them the very firſt Place,
For Inftance, The Oracle which declared Socrates the
wifeft of Mankind. Inftances of this, however, fel-
dom occur: Yet Cicero makes ufe of them in
his Oration concerning the Anſwers of the Arufpi-
ces, and in his Invectives against Catiline, when he
publickly points to the Statue of Jupiter, which
ftood upon a Pedeſtal hard by. Likewife, in his
Pleading for Ligarius, he acknowledges Cafar's to
(a) Athenians.] This was a very extraordinary Story. We are
told that when the Migreans wanted to recover Salamis, and the
Controverfy was referied to the Decifion of the Lacedemonians,
Solon forged the Verfe in Queftion, and palmed it upon the Judges
as one of Homer's, by which the Athenians carried the Caufe.
2
Book V. His INSTITUTES of Eloquence. 361
be the more juſtifiable Cauſe, becauſe it was ftamp'd
with the Approbation of the Gods. Theſe Proofs,
when they are peculiar to the Caufe, are termed
divine Manifeſtations, but otherwife, they are termed
Arguments.
Sometimes it happens that we ferve our Client,
by catching at fome Saying or Action of a Judge,
of an Antagoniſt, or an Agent for the oppofite
Party. Some, for this Reaſon, have ranked Exam-
ples of all Kinds, and fuch Authorities as I here
mention, amongſt inartificial Proofs, that is, Proofs
that exist independently of Art, and fpeak for them-
felves, becauſe they are not invented by the Orator,
but form Part of his Inftructions. But they are
greatly miſtaken. For Evidences, Confeffions, Wri-
tings and the like, are intimately connected with
the Cauſe in Queſtion; but whatever is not fo, is
of no Manner of Service, but by the ingenious
Application of the Pleader to the Point he goes
upon.
CHAP
A a 3
362
M. FABIUS QUINCTILIANUS Book V,
CHA P. XII.
CONCERNING THE USE OF ARGUMENTS.
That Arguments generally ought to be felf-evident, but
that they fometimes require to be proved. That we
may enforce very strong Arguments fingly, but weak
ones accumulatively-That a bare ftating an Argument
iş not fufficient, without being ſtrengthened
cerning Proofs drawn from the Paffions Where
the strongest Arguments ought to come in-A Caution
against effeminate Eloquence.
I
-Con-
A M very ſenſible, that what I have faid con-
cerning Proof and Evidence, may be found in
other Writings, or from Experience itſelf. I am
not vain enough to think myſelf the only Author
who has delivered them, So far from that, I beg
that my Reader would enquire farther, becauſe I
am fure he can improve upon what I have faid.
Mean while, the new Difcoveries he fhall make
will be found to differ very little from what I have
laid down. At prefent, I am to employ fome Pains
concerning the Application and Ufe of Arguments.
It is a general Opinion, that every Argument
ought to be fo Self-evident as to admit of no Dif-
pute; becauſe, ſay they, how can one Uncertainty
be proved by another? Notwithſtanding this Opi-
nion, we may advance in Proof of a Fact, certain
Reaſons that require to be proved themfelves. For
Example, thy Husband has been murdered by thee,
for thou hast been guilty of Adultery. Now, in this
Cafe, the Adultery muſt be first proved upon the
Woman, and when the Proof of that is once eſta-
bliſhed,
BOOK V. His INSTITUTES of Eloquence. 363
bliſhed, it becomes a Certainty to fupport a doubt-
ful Charge. Your Sword was found in the Bo-
dy of the deceased, fays the Accufer. Not my Sword,
replies the Priſoner. Now, this Circumftance muſt
firſt be proved, before you can eſtabliſh the Proof
of the Charge. One Thing is here neceffary to be
obferved, which is, that no Proofs are ftronger than
´thoſe that arife from Allegations that were before
doubtful. You have been guilty of the Murder, for
your Robe was bloody. Now, this is an Argument,
which makes a much stronger Impreffion when it is
proved, than even when it is confeffed. For a Par.
ty may confeſs the Circumftance, but then a Robe
may be bloodied by many other Accidents than that
that of Murder. But when he denies it, he there-
by hinges the whole Streſs of his Defence upon that
very Fact, and ſhould it be proved upon him, all
his other Reſources can avail him but little, and
he muſt be condemned. For the Prefumption lies
against him, that he never would have denied the
Fact, had he not given himſelf over as loft, had he
confeffed it.
We ought to hinge feparately on every Argu-
ment that is very ſtrong; but we are to collect the
weaker ones into a Body, becauſe the Strength of the
former ought to appear to the full, without being
darken'd by any adjoining Object, while the latter,
naturally infirm, are fupported by one another.
Therefore, if they do not prevail by their Strength,
they may prevail thro' their Numbers, if all of
them are intended to eſtabliſh the Proof of the fame
Fact. Suppofing a Man was to impeach another
for killing a Relation, that he might enjoy his
Eftate. You was in Hopes to have fucceeded to the
A a 4
In-
364 M. FABIUS QUINCTILIANUS
Book V.
r
"Inheritance, and a great Inheritance it was; your
"Circumftances were mean in the World, and at
"that Time, above all others, you was dunn'd by
your Creditors; add to this, you had difobliged
"the Perfon who had made you his Heir, and
ઃઃ you knew he was about to alter his Will." All
theſe Circumſtances confidered as detached from one
another, are light and unaffecting, but when they
fucceed in a Body, tho' they do not thunder-ſtrike
a Party, yet they pelt him fmartly. Certain Ar-
guments there are, that, befides being ftated, muſt
be fupported. A Pleader alledges, that Avarice was
the Motive of a Crime, then he is to fhew the Force
of that Paffion. He alledges that Anger was the Mo-
tive, then he is to fhow what pernicious Effects
that Paffion has upon Mankind; thereby the Ar-
guments themſelves will come before the Court,
not only with greater Strength, but with greater
Beauty; for they then will be cloathed, fo as to
hide every Nudity, and every Imperfection. It is
likewife of great Importance, when a Pleader hinges
upon Hatred as the Motive of a bad Action, that
he examine thoroughly whether it fprung from En-
vy, or Refentment, or Ambition; whether it was
an old Grudge, or a late Quarrel; whether it lay
againſt an Inferior, an Equal, or a Superior; againſt
an indifferent Perfon, or a Relation. For all theſe
Circumftances are to be be differently handled, fo
as that we may apply them to the Service of our
Client in the most advantageous Manner. Yet
are we not to load a Judge with all the Argu-
ments we are capable of inventing, for we thereby
will both tire out his Patience, and raiſe his Mif-
truft. For a Judge muft fufpect the Validity of
an
BOOK V. His INSTITUTES of Eloquence.
365
an Argument, which we think we can never enough
prefs Home. For where a Matter is clear, it is
as abfurd to be laviſh of our Arguments, as it
would be to endeavour to enlighten the Sun with
a common Taper.
*
*
Here fome rank the pathetic Manner of arguing,
which depends upon moving the Paffions. Of theſe
Ariftotle thinks the most powerful to be the intrin-
fic Virtue of a Man himſelf; and then follows, at a
great Diſtance, our making a Client appear to be
an excellent Perfon. Hence proceeded that noble
Defence of Scaurus: " Quintus Varius, my Lords, faid
"he, charges Æmilius Scaurus with Treafon againſt
"the People of Rome, and Æmilius Scaurus denies
"his Charge." Somewhat refembling this was the
Defence made by Iphicrates, who queftioned Ariſto-
phon, who had accufed him of the like Crime;
whether he would have betrayed his Country for
Money? The other anfwering in the Negative;
So! then, replied Iphicrates, the Crime that would
not have committed, I have committed.
carefully to examine both into the Difpofition of the
Judge, and what will moft readily win his Affent,
of which Matter we have already treated on diffe-
rent Occafions.
you
But we are
There is a pofitive Way of Speaking, which does
great Service in arguing. "I did fo. You told me
"fo yourſelf, horrible Action!" and fo forth. This
Manner ought to enter into every Pleading, other-
wife it muſt ſuffer. Mean while, we are to lay no
great Streſs upon it, becauſe it is equally open to
both Sides. I have greater Confidence to place in
Proofs which are drawn entirely from the Perfon
of a Party, and contains fome probable Averrment.
For
366 M. FABIUS QUINCTILIANUS
BOOK V
For Inftance; It is highly prefumable, that a Man
who has been wounded, or whofe Son has been
murdered, would profecute no other than the guilty
Perfon, becauſe, by profecuting the Innocent, he
gives the Guilty an Opportunity to eſcape. The
fame Kind of Prefumptions ferve Fathers in their
Pleadings against their Sons, and Kinſmen againſt
Kinfmen.
It has been confidered by fome, whether the
ſtrongeſt Arguments fhould not be placed in the
very Front of a Diſcourſe, ſo as to feize at once
the Affent of the Hearer? Or in the Rear, that
they may make the ftronger Impreffion? Or whe-
ther we ſhould not obferve Homer's Method in
drawing up his Army, when he places the ſtrongeſt
in the Front and Rear, and the weakeft in the Mid-
dle; or whether our Reaſoning ought to rife gra-
dually from our weakest Arguments to the ſtrongeſt?
In my Opinion, this Queftion can only be deter-
mined by the Nature of the Caufe. But ftill, in all
Caufes, and by all Means, we fhould keep our
Pleading from finking from what is ftrong to what is
trifling, from what is mafterly to what is mean.
Thus, I have, in treating this Subject, endeavoured
as conciſely as poffible, to point out the Topics,
and the common Places from which Arguments
are drawn, without falling into the idle Manner of
fome, who have attempted to fhew the particular
and precife Manner in which every Thing may be
ſpoke to from common Places. It is fufficient, if
the Reader, from what I have recommended, knows
how to ſpeak upon Envy, Avarice, malicious Evi-
dence, powerful Friends, and the like. But to think
of exhaufting the Subject, is as ridiculous as it
would
Book V. His INSTITUTES of Eloquence.
367
would be for me to attempt to write a Diary of
all the Law-fuits that are now depending, or ever
fhall depend, with an Account of all the Points,
Arguments, and Opinions, arifing in them. It is
true, I will not pretend to have pointed out every
Source of Argumentation, but I will be bold to ſay,
there are few I have not pointed out. To this 1
applied myſelf the more induſtrioufly, becauſe thoſe
Declamations with which we uſe to exerciſe ourſelves,
as Fencers do with Foils, before we can come to
real Action at the Bar, have long been void of every
Quality that reſembles true Pleading.
All their Purpoſe is to delight, for they have
no Force; and their Practice, by Heavens, refembles
that of Slave-Merchants, who cut from Boys their Vi-
rility, that they may improve their Beauty. Theſe
Fellows think that Strength and Mufcles, and more
eſpecially a Beard, and the other Marks which
Nature has imprinted upon Manhood, fpoil the
Delicacy of Shape and Face; and confidering Vi-
gor as Ruflicity, they foften it down againſt the
Intention of Providence. In like Manner, we throw
the tender Complexion of Delicacy over all our
Speeches, and thereby hide all the manly Grace,
and affecting Energy of Eloquence. All we fearch,
all we feek, is to be trim and fparkling; as to Force
and Efficacy, they are, with us, no Confiderations.
But when I confider the Beauties of real Nature,
I think that every Man, be he ever fo little of a
Man, is more beautiful than the handſomeſt Eunuch,
who has not a String of Virility about him; for I
cannot imagine that Providence ever diſliked its own
Works fo much, as to rank Weakneſs amongſt the
Excellencies of Mankind. Should Nature make a
Eunuch,
368 M. FABIUS QUINCTILIANUS Book V.
Eunuch, he would be a Monſter; and fhall I think
him a Beauty, becauſe he is made fo by the am-
putating Knife? Let fuch infamous Traders avail
themfelves as much as they can, in debafing and
belying Nature; but may we never fee a bad Tafte
fo predominant as to bring us to think, that
whatever is coftly, thereby becomes valuable. How-
ever degenerated lolling Audiences may approve
of this effeminate titillating Eloquence, yet I am
not afraid of ſaying that I never can confider that
to be Eloquence, which is void of the ſmalleſt
Symptom either of Health or Manhood, or of Wif-
dom or Virtue. Let us confider the Practice of
the greateſt Statuaries and (a) Painters, who in
moulding
(a) Painters.] This is a very fine Obſervation of our Author,
and holds juft with every Artift of Tafte to this Day. At the
fame I ime, Delicacy and Strength are united in the fineſt Com-
pofitions of Antiquity, whether in Poems, Orations, Paintings or
Statues. The Eneid of Virgil, if wrote in Profe, would be the
jufteft Compofition in the World, both as to Difpofition and Sen-
timent; and were it void of both, nay, of all Meaning, yet it
must be fill the moſt harmonious that ever was produced. Ci-
cero's Pleading for Milo, if its Merit were to be eſtimated from the
Force of the Realons it contains, muſt be the moſt convincing Piece
of Reafoning ever pronounced; and, if from the Expreffions and
Peri ds, the most pleafing. The Apollo of the Belvidere is the
firmeft, and yet the finest Figure that ever was beheld, and the
Venus de Medices has the greateſt Strength as well as the greateſt
Del caɛy in i's Compofition. In fhort, I am not ſure whether this
Umon am talking of, is not the true Criterion of the fine Arts,
and whether the Difpute between the Antients and the Mo-
derns. 's not to be determined according to the Degrees of Succefs,
which each has had in it. With regard to common Life, it is plain,
the Maners, the Habits, and the Difcipline of the Antients
were better calculated than thoſe of the Moderns are, to recon-
cile Gracefulneſs to Strength, both in Behaviour and Perfon:
and the Ideas of Beauty, especially female Beauty, were much
juster amon, the Antients, than amongst the Moderns, except
in one or two Painters of the Roman School. With regard to Elo-
quence, I know no modern Compofition that has united the twe
Qua-
陽
​Book V. His INSTITUTES of Eloquence.
369
moulding their fineft Figures, never take the Mo-
dels by which they are to execute their Pieces,
from
&
Qualities I have mentioned. Some of the French Preachers and
Pleaders have Eloquence, but, being deftiture of Nerves, it is
no more than Declamation. The English have great Strength
in ſpeaking, but have neglected Eloquence. (lee Note (ƒ) p. 119.)
at leaſt the Study of it, for the Strokes of it we find fcattered a-
bout in their Sermons and Pleadings, refult either from Chance
or Genius. Mr. Rollin in his Way of teaching the belles lettres
vol. 2. has been a great Pains to produce from the French Wri-
tings, Examples of the feveral Figures and Manners that are prac-
tifed in Eloquence, and feems to put the Writings of his
Countrymen on the fame Footing with thofe of the Greeks and
Romans. But, tho' I have an Opinion of his Ability as a Pro-
feffor, he shows, in this Refpe&t, too much of the Frenchman.
Eloquence is not to be confidered in detached Pieces, but from
the full Force and Reſult of the whole Difcourfe or Compofi-
tion. Flechier, Boffuet and feveral other French Writers have un-
doubtedly great det hed Beauties, but like the Perfections of
Rope-dancers, hey have no noble Purpofe; all they do, is to
amufe. The true Orator unites Eloquence with Reaſoning, and
they are fo blended together, that it is im,fible to difcern
which affects us moft. Even thofe Pieces of Cicero, which come
nearest to Declamation, had their Purpoſes, and great and no-
ble Purpoſes they were. His Oration of Thanks for Marcellus
is wholly turned in perfuading Cæſar to make a glorious Ufe of
his Succeffes by reftoring the Conftitution of his Country, and
his pleading for Ligarius is as full of the Argumentative as of
the pathetic Kind. His magnificent Recommendations of Pom-
pey, and his other Friends, are all immediately connected with his
Subject. And thus his Elcquence reficcis Luftre upon his Rea-
foning, and his Reafoning fupplies Matter to his Eloquence.
1
But Eloquence, as generally employed in the French Pulpits and
their Academies, has no Manner of Purpoſe, but that which is
here fo justly inveighed against by our Author, and, therefore,
deferves no better Term, than that of Declamation. The Fu-
neral Orations, which are the fineft Specimens of French Elo-
quence, have no Manner of Purpoſe, ut Parade; and tho' the
Beauties of Eloquence may be difplayed in fuch Compofitions, yet
her Powers cannot; becauſe little or nothing of the perfuafive
Kind enters into them.
Notwithſtanding what I have faid, I cannot help being of Opi-
nion, that English Preachers have too much neglected the Study
even of the declamatory Part of Eloquence. My Reafon is, because
few who attend a chriftian Sermon, require to be convinced by
Dint
370 M. FABIUS QUINCTILIANUS Book V.
from Eunuchs, fuch as a Bagaos (b) or a Megaby
fus, but from the Perfon of fome vigorous Doripho-
rus, of fome one who is fitted for the Exerciſes of
the Academy and the Field; and from the Bodies of
Youths practifed in War and Wreſtling; for in fuch
alone, they think that true Beauty is to be found.
And fhall we, who propofe to form an Orator, arm
him, not with the Thunder, but the Thrillings of
Eloquence?
No, let the Pupil, I train up, do all he can to
copy after the great Originals of Truth and Na-
ture; and when, in Order to fit himself for real En-
counters at the Bar, he afpires at Conqueft in the
School, let him, even there, be always endeavouring
either to aim or to parry a mortal Blow; and while
he is guarding his own, let every Thruft be at the
Dint of Argument of the Truths of Chriftianity; therefore all that
a Preacher has to do, is to make fuch an Impreffion upon their
Paffions, as may influence their Practice. This is what a chrif-
tian Preacher may do confiftently with the Dignity of his Pro-
feffion, but it is next to impoffible he can do it without a
commanding and an affecting Eloquence.
Father Bourdelaou is a noble Inftance of the Kind I am now
defcribing; his Sermons are greatly adapted to the Paffions, and
wonderful were their Effects upon the Minds of his Hearers; while
at the fame Time, the Clofenefs of a Tillotson, the Reaſoning of
a Burrow, and the Smoothnels of an Atterbury, tho' all united
together, would have left them unaffected, perhaps unimprov'd.
But what do I ſpeak of a Bourdelaou who had true Eloquence?
Do we not fee the Effects of its very Appearance, or even the
Efforts towards it, in the Succefs of the meaneft, and the meft il-
literate Enthufiafts? What an Engine then muft it be in the
Hands of a Man of Senfe, Tafte, and Difcernment, who, with
every Advantage that an Enthufiaft can have, has Learning,
Truth and Virtue on his Side.
(b) Bagaos, Megabyfus, Doriphorus.] The two former were ce-
lebrated Eunuchs, and their Names became common Appellati.
ons of that Species. The latter was a Life guard-man, from
whofe Perfon, the great Statuary Polyeletus formed the Model
of a very fine Figure, which afterwards was copied by Lycippus.
Vitals
BOOK V. His INSTITUTES of Eloquence. 371
Vitals of his Adverfary. Let Profeffors incul-
cate this Practice, let them make it the Stand-
ard, by which they eftimate or reward the Profi-
ciency of their Pupils. Young Gentlemen may,
from Applauſe, be led into a wrong Manner, but
then Applauſe will lead them into a right Manner
The Mifery of our modern Practice is, that
the moſt neceffary Parts of Eloquence are not fo
much as mentioned; and his talking to the Pur-
pofe, is not confidered as an Accompliſhment of an
Orator. Tho' I fully handled this Subject in ano-
ther (c) Work, yet I fhall often touch upon it in
this. But I am to return to the Order I propofed.
too.
per-
CHA P. XIII.
CONCERNING REFUTATION.
The best
Defending more difficult than profecuting.
Method of defending-Of accumulated and ſepa-
rate Defences-A flat Denial, in what Cafe pro-
The great Ends of a Defence.-Its com-
mon Places, or Topics--Of reprefenting an Ad-
verfary's. Expreffions Of explaining the Mat-
ter, either totally or in Part-
common, inconfiftent and faulty.
gainst over Keenness and Anxiety
Of Arguments
-Cautions a-
That a Pleader
be well acquainted, where the Strefs of his Caufe lies.
R
EFUTATION is of two Kinds; one
that runs thro' the Whole of a Defendant's
Pleading; the other, which confiſts in anſwering
(c) Another Work.] Meaning his Treatife concerning the
Caufes of corrupted Eloquence.
1
Ob-
372
M. FABIUS QUINCTILIANUS Book V.
Objections; which is common to both Parties. This
properly holds the fourth Place in a Pleading; but
both are handled in the fame Manner. For, here the
Principles of arguing are the fame with thoſe of
the probatory Part; the Topics, the Sentiments,
Expreffions and Figures are the fame; with this
Difference, that Refutation has very little Share in
touching the Paffions.
It is, however, certain (and we have Cicero's re-
peated Evidence for it) that it is more difficult to
defend, than to profecute. In the firſt Place, the
Buſineſs of a Profecutor is plain and fimple; he
has but one Way of laying his Charge; and it
may require a thoufand Ways to refute it. It is
generally fufficient, that the Charge, which a Pro-
fecutor urges, be true; while, upon the Defend-
ant, lies all the Buſineſs of denying, defending,
fetting afide, excufing, deprecating, ſoftening, di-
minishing, warding off, defpifing and deriding.
The Part, therefore, he has to act, is generally
indirect and clamorous, and, befides Strength of
Lungs, it requires a thouſand Veerings, and Shift-
ings. Add to this, that the Profecutor brings eve-
ry Thing ready ftudied into Court, while the De-
fendant muft often anſwer off Hand. The Pro-
fecutor produces his Witneffes, while the Defendant
muſt refute them upon the Spot. The Profecutor,
however unjuſt his Charge may be, yet is furniſhed
with Matter for fpeaking from its Odioufnefs, whe-
ther it confift of Paricide, Sacrilege, or Treafon,
or the like Crimes; while all that a Defendant
frequently has to offer in Anfwer, is a bare Nega-
tive. Very indifferent Pleaders, therefore, have
fuc-
Book V. His INSTITUTES of Eloquence.
373
fucceeded as Profecutors, but no Man, unleſs he
was an excellent Orator, was ever known to fucceed
in defending. Nay, in fhort, I will venture to fay,
and I fay it fincerely, the Difference between ac-
cufing and defending is the fame, as between in-
flicting a Wound, and curing it.
Now, it is very material for a Defendant to
know what the Charge of his Adverfary is, and
in what Terms it is conceived. In the firſt Place,
he is to confider, whether the Matter he is to an-
fwer belongs to the Queſtion in Debate, or whe-
ther it is not foreign to it. For if it belongs to
it, it muſt be either denied, or juftified, or fet
afide, which three are the only Methods of De-
fence, that a Caufe generally admits of. As to mov-
ing Compaffion, when we come to that, we abandon
all Defence, which we feldom do, but before Judges,
whofe Decifions are not tied down to the Forms of
Law. Yet Cicero in his Pleadings before Cæfar and
the Triumvirs, in favour of Men of different political
Parties, tho' he makes ufe of Entreaties, yet is far
from abandoning their Defence in point of Juſtice.
For did he not infift upon a ſtrong Point of Defence
when he ſaid, "What, my Friend, did we do, but
"wiſh to be Mafters of Cæfar, as he now is of
"" Us ?""
}
If we are, therefore, to plead before a Sovereign
Prince, or one who has no Rule, but his own Plea-
fure, to follow in his Determination, we may repre-
fent, that our Client is indeed worthy to fuffer death,
but that the more guilty he is, there will be the more
Glory in forgiving him. But here we are firft to
confider, that we are not oppofing an Antagoniſt,
but pleading before a Judge: And next, that our
Manner of Speaking fhould partake more of the de-
liberative,
B b
374 M. FABIUS QUINCTILIANUS Book V.
;
liberative, than the judiciary Kind. Thus we are to
reprefent, how much more glorious a Character it is
to exert Humanity than to gratify Revenge. But with
regard to Judges whofe Sentence must be directed by
the Letter of the Law, Confeffion is Condemnation,
and therefore it would be ridiculous for me to lay
down any Rules on that Head. Upon the whole,
therefore, in fuch Cafes, when a Thing can neither
be denied, nor fet afide, we have no Choice left,
but either to defend them at all Hazards, or to throw
up our Caufe.
I have already fhewn the two Methods by which
an Allegation may be denied, I mean, either by main-
taining that nothing happened, or that the Thing
did not happen as alledged. Thofe Points which
we can neither defend nor fet afide, we are flatly to
deny. I do not mean only a Denial by defining them
fo as to alter their Complexion in our Favour, but
in Cafes where nothing but a flat Denial is left us.
Suppofing Witneſſes are against you; a great deal may
be faid against the Credit of Witneffes. Suppofing
your own Hand-Writing is brought against you; we have
known very artful Forgeries of Hand-Writing. In
fhort, nothing is more fatal than Confeffion. When
neither Defending nor Denying can avail you, then
your laſt and only Refource is, to fet the whole
Procefs afide, by alledging an Error in the Pro-
ceedings.
It may however be faid, there are fome Cauſes
that can neither be denied, nor defended, nor be ſet
afide. For Example, the Woman that is brought to bed
a Year after the Death of her Husband, is accused of A-
dultery. In this Cafe there can be no Litigation.
Therefore it is foolish to enjoin, that we ought to be
filent as to every Thing that can be defended, be-
caufe
BOOK V. His ÍNSTITUTES of Eloquence.
375
cauſe that very Silence is fufficient Grounds for the
Judge to decree againſt us. But if any Thing fo-
reign fhall be offered, tho' with the Allegation of its
being immediately connected with the Caufe, I ſhould
chufe in that Cafe to fay, that it had no Relation to
the Queſtion, that it is idle to fpend Time about it,
and that it is not of the Importance my Antagoniſt
pretends. In fuch a Cafe an Appearance of Neglect
is very pardonable; and a good Advocate needs to
be afraid of no Reflexions of that Kind, while he acts
for the Benefit of his Client.
The next Confideration I am to touch upon, is,
whether in making a Defence we are to attempt to
repel the Charges accumulatively, or fingly. In fuch
a Caſe we are to repel them accumulatively, if they
are fo weak as to be born down all at once; or if
they are fo galling, that we dare not encounter them
fingly. For then we are to uſe our utmoft Efforts,
and as it were, to fhut our Eyes, and fight away.
Sometimes our Adverſary's Proofs may be too ftub-
born to be refuted, and then we ought to compare
our Arguments with his, provided we can do it in
fuch a Manner, as that the Advantage may feem to
lie on our Side.
·
As to Arguments that are powerful only by their
Number, we are to take them to pieces fingly, one by
one. In the Inftance, you was his Heir, you was poor,
you was dunn'd for a large Sum by your Creditors, you bad
difobliged him, and you knew he was about to alter his
Will. All theſe Preſumptions coming in a Body have
Weight. But if you encounter them one by one,
the Flame, that from accumulated Materials threat-
ned a Conflagration, dwindles away when you with-
hold its Nourishment; or, like a large River, it be-
B b z
comes
376 M. FABIUS QUINCTILIANUS BOOK V.
comes fordable at any Place, when branch'd out into
feparate Rills.
The Method we follow, therefore, ought to be ac-
commodated to our own Conveniency. Sometimes
it may be proper to examine our Adverfary's Alle-
gations feparately, and fometimes accumulatively.
For fometimes it is fufficient to make a general State
of that which our Opponent has collected from a Va-
riety of Circumstances. For Infiance, if he ſhall al-
ledge a great many Motives that might have induced
the Defendant to have been guilty of the Crime
charged upon him; we may, without following him
thro' every Particular, deny it in general, by defiring
the Court to confider, that a Man's having a Motive
to commit a Crime, is no Proof of his having com-
mitted it. But it is moft generally convenient
for a Profecutor to urge his Charge accumulatively,
and for a Defendant to examine the feveral Parts of it
fingly.
It is however incumbent upon him to examine, in
what Manner he can moft properly refute the Profe-
cutor's Charge. For if a direct Falfhood is advanced,
a flat Denial is fufficient. Thus Cicero in his Pleading
for Cluentius, fpeaking of the Perſon whom the Pro-
fecutor faid, died, after he had drank out of a Cup,
alledged to be envenom'd, denies that he died the
fame Day. Matters likewife that are directly incon-
fiftent with themſelves, or fuperfluous, or idle, or
foolish, come within no Syftem; and therefore, with
regard to them, I fhall lay down neither Ruies, nor
Examples. A Fact likewife alledged to be done in
the Dark, fecretly, and when nobody was by, and
that has neither Proof nor Prefumption to fupport it,
deftroys itself, and it is fufficient for our Purpoſe,
that our Opponent does not prove it. We may fay
the
BOOK V. His INSTITUTES of Eloquence. 377
the fame Thing with regard to Matters that are fo-
reign to the Queftion. It is, however, fometimes the
Buſineſs of a Pleader to turn Allegations in fuch a
Manner, as that they may appear contradictory, fo-
reign to the Caufe, incredible, or idle; nay, fo as
that they may feem favourable to us. It was ob-
jected to Oppius, that he defrauded his Soldiers of
their Pay, and their Perquifites. This was a home
Charge; but Cicero fhows that there was an Incon-
fiftency in it, becauſe the fame Profecutors charged
Oppius with an Attempt to corrupt his Army with
Money. The Profecutor promiſes to bring Evidence
againſt Cornelius, that the Declaration was read by
the Tribune. Cicero fhows that would be to no Pur-
pofe, becauſe Cornelius acknowledged the Fact.
Quintus Cæcilius folicited the Office of profecuting
Verres, and the Reafon he gave for it was, becaufe
he had been Quæftor to Verres; but Cicero fhows
that very Reaſon to be a good one, why he fhould
not be admitted to proſecute.
Other Methods of Refutation, that do not come un-
der the above Defcription, are to be referred to com-
mon Places. For they are to be examined either by
Conjecture, whether they are true? Or by a Defi-
nition, whether it is proper? Or by Quality, whether
an Action is difhoncurable, unjust, dishonest, inhuman,
cruel, and the like? This Method ought to be ob-
ſerved not only in the Propofitions and Reaſons a‹'-
vanced by the Opponent, but thro' the whole Courſe
of the Action: Whether a Man has been cruel? is
Cicero charges Labienus with being, becaufe he profe-
cuted Rabirius upon an Action of High-Treafon :
Whether he is inbuman? as the fame Orator alledges
Tubero to have been, becaufe he profecuted Ligerius,
and endeavoured to prevail with Cafar not to pardon
Bb3
him.
378 M. FABIUS QUINCTILIANUS Book V.
him. Whether he is proud and paffionate? like him
who accuſed Oppius upon a fimple Letter of Cotta.
Some Allegations may be proved to be raſh, in-
fidious, and frivolous. But the ſtrongeſt Kind you
can hinge upon is that, which, if admitted, may affect
a whole Body of Men. Says Cicero, in his Pleading
for Tullius: Was it ever laid down as a Maxim, or
"could it ever be granted without endangering the
"whole Community, that one Man is to kill another
merely becauſe he is apprehenfive that that Man
may kill him?
A Matter may affect even the
Judges themſelves in its Confequences; as Cicero, in
his Pleading for Oppius, takes a great deal of Pains to
prove how the Bench may be affected by admitting a
Profecution for Corruption againſt the Equeftrian
Order.
An Orator, however, fometimes may very happily
affect to defpife certain Allegations, as being either
frivolous, or foreign to the Caufe. This is very
common with Cicero. Nay, this Affectation fome-
times has its Effect by our feeming to trample on,
and kick about, an Argument, which in Reality we
cannot answer.
However, as moft Part of this Practice is drawn
from the Topics of Similarity, we are to fearch with
great Exactnefs, (if we are to anſwer them) to find
out fome Diffimilarity. This, in Matters of Law, is
eafily done. For Laws being compofed upon par-
ticular Occafions, the Application of them to dif
ferent Things cannot, in all Refpects, hold.
As to
Similarities drawn from Brute-Animals or inanimated
Objects, it is eafy to fet them afide; and various are
the Manners by which we can defend ourſelves,
when a Similarity or a Precedent bears too hard upon
us. If it is drawn from Antiquity, we are to treat it
as
Book V. His INSTITUTES of Eloquence.
379
as fabulous. If it is too well eſtabliſhed to admit of
a Doubt, we are to fhow that it has no Refem-
blance (a) to our Cafe; and indeed it is almoſt im-
poffible that any Precedent ſhould anſwer in every
Refpect. Suppofing, for Inftance, that after Scipio
Nafica killed Gracchus, he had been defended upon
the Precedent of Abala, who killed Spurius Mėlius.
A Pleader might have ſhown, that Melius afpired to
Sovereignty, but all that Gracchus did, was to prefer
fome popular Laws. That Abala was a great Ma-
giftrate, and Nafica a private Perfon. Had all thofe
Arguments failed him, then he must have endea-
voured to prove, that the Action of Abala was un-
juftifiable. What I have faid with regard to Prece-
dents of Facts, will hold with regard to Precedents
of Law and Equity.
I obferved that it is material to attend to the
Manner in which a Profecutor expreffes himſelf.
My Meaning is, if his Expreffions are weak and in-
effectual, we are to make ufe of his own Words. If
they are keen and ſtrong, we are to foften them in
our own Repreſentation of the fame Matter. Thus Ci-
cero, when he pleads for Cornelius, who was accufed of
forcing the Writing out of the Hands of the proper
Officer, he touched the Writing, fays he. In defend-
ing a young Rake, he is charged, fays he, with being
a little too gay in his Way of Living. In like manner,
we may foften Avarice into Occonomy, and Railing
into Freedom of Speech. One Thing we ought care-
fully to avoid; never to reprefent our Opponent's
State of the Queftion with his Manner of proving it,
nor to take it up upon the fame Topics, except to
turn it into Ridicule. Says Cicero in his Oration for
Murana, in the Perfon of an Opponent, "Have
"Have you
(a) The Original here is confus'd and doubtful.
Bb 4
" ferved
380 M. FABIUS QUINCTILIANUS
Book V.
"ferved me fo many Years in the Army, without
st
<<
coming near the Forum? Have you now, tho'
at fuch a Diſtance of Time, come to difpute a
"Point of Precedency with thoſe who have dwelt in
"the Forum?" Sometimes a whole Charge is ex-
pofed by the Contradictions it contains. Thus Cicero,
pleading for Scaurus againſt Boftaris, put himſelf in
the Perfon of his Antagoniſt. Sometimes we gain
our End by joining feveral Propofitions together, as
in Cicero's Pleading for Varenus; "After he had
journeyed thro' Countries, and defolate Places,
"with Populenus, they ſaid, they then fell in with
"the Slaves of Ancharis; that Populenus was then
"killed, and that Varenus was kept there in Chains,
"till this Gentleman's Pleafure fhould be known."
This Method is by all means to be obferved, where
there is a Series of improbable Allegations, that
fhocks all Credibility, even in relating them. Some-
times we may remove feparately Allegations that hurt
us accumulatively, and indeed that Method is gene-
rally the moſt fafe. We have likewife many In-
ſtances of Contradictions in a fingle Propofition.
Common-Places may be very properly employ'd
in Refutation, not only becauſe both Parties may a-
vail themselves of them, but becauſe they are com-
monly moſt ſerviceable to the Defendant. I must re-
peat it, that a Profecutor is in the wrong, if he urges
any Thing from a Common-Place, becauſe it may
be then turned against himſelf by his Adverfary. "Is
it improbable, my Lords, fays Cicero, in one of
"his Pleadings, that Marcus Cotta ever thought on
fuch a Villainy? And is it not equally improba-
ble that Oppius ever attempted it ?"
None but a great Mafter knows how to find out in
An Opponent's Pleading, either real or feeming In-
confiftencies.
BOOK V. His INSTITUTES of Eloquence. 38r
confiſtencies. Sometimes they appear upon the very
Face of a Caufe. Thus, in the Profecution com-
menced against Calius, Cicero in his Defence of him
repreſents the Inconfiftency of the Profecution;
"Clodia, fays he, alledges fhe lent Calius Money;
"this, no doubt, was a Proof of great Friendſhip;
"fhe fays, that Cælius attempted to poifon her, but
"that, doubtlefs, is a Sign of the moſt inveterate
"Hatred." "Tubero accufes Ligarius with being in
Africa, when at the fame Time he complains that
.. was not fuffered to attend him thither."
<<
Sometimes a Defendant gets great Advantages from
the Profecutor's Inadvertency in his Pleading. This
happens chiefly to thoſe who are fo fond of ſparkling
Sentiments, that they allure them from confidering
their Propriety or Impropriety, becauſe they mind
only the immediate Paffage, and not what ought to
be the general Tenor of their Pleading. What could
be more prejudicial to Cluentius, than his being
branded by cenforial Authority? What could bear
harder upon him than Egnatius diſinheriting his Son
for being concerned with Cluentius in corrupting the
Judges that condemned Oppiniacus. But Cicero fhows
how theſe Charges deftroy one another.
ઃઃ
" But you,
<<
“Accius, will, I hope, ſeriouſly examine which Judg-
"ment ought to have moft Weight, that of the Cen-
"for, or that of Egnatius. If you give the Prefe-
"rence to that of Egnatius, the cenforial Judgment
"of the others must go for little or nothing, for they
expelled from the Senate this very Egnatius, whom
you reprefent to be fo virtuous a Perfon. But if
"you give the Preference to the cenforial Judgment,
"I am to obferve, that when the Father difinherited
his Son for corrupting the Judges, the Cenfors
kept the Son in the Senate, while they expelled
"the Father."
'
CC
..
It
382
M. FABIUS QUINCTILIANUS Book V.
It requires no great Degree of Penetration to guard
againſt the following Faults. Never to lay the whole
Strefs of your Pleading upon a Point that may fail
you: Never to admit or advance a disputable Point,
as being an acknowledged one; nor a general Propo-
fition, as if it was peculiar to your Cauſe: Or to urge
a Propofition that is too vulgar, idle, that ftands in a
wrong Place, or is incredible. Incautious Profecu-
tors are apt to fall into theſe Miſtakes; they aggra-
vate a Charge before they prove it; they 'difpute
concerning the Commiffion of a Fact, when they
ought to be enquiring after its Author; they attempt
Impoffibilities, and they leave a Matter as proved,
tho' they have but juft begun to touch upon it; they
attack a Man's Perfon, without minding the Caufe,
and endeavour to bring whole Conſtitutions into Dif-
repute, on account of the Miſconduct of fome par-
ticular Members; in the fame Manner as if one was
to rail againſt the Decemvirate, inſtead of Appius.
They difpute irrefragable Proofs; they ſpeak in a
Manner that admits of a different Meaning; they
lofe Sight of the main Queftion, nor do they follow,
in Order, the Propofitions that are laid down. This
laft Practice however is defenfible in one Cafe, and
that is, when a Caufe is fo very bad that it can be
ſupported only by foreign Aids. For Example, if a ·
Verres is accuſed of Oppreffion, his Advocate is to
difplay his Courage and Care in defending Sicily a-
gainſt the Pirates.
The fame Rules will ferve us against the Objec-
tions which we are to encounter, and I am the more
ready to make this Obfervation, becauſe a great many
Pleaders are, in this Reſpect, under two Miſtakes.
For ſome, even at the Bar, omit it as a Matter that
is troubleſome and painful, and generally contenting
them-
BOOK V. His INSTITUTES of Eloquence.
383
themſelves with the Arguments they have ftudied at
home, they talk away as if they had no Opponent.
This Abfurdity is ftill more prevalent in Schools,
where they not only omit to mention all Contradic-
tions, but the very Subjects they chufe are of ſuch a
Nature, as to leave no room for taking notice of any
Thing urged by the other Side. Others, over-fcru-
pulouſly, think that they are obliged to anfwer the
leaft Sentence, the leaſt Hint that is thrown out by
the Opponent; a Practice that is both endlefs and
needlefs; for there we attack the Pleader, and not
his Cauſe. For my part, I fhall never grudge my
Opponent the Praife of being a well-fpoken Man, if
the good Things he fays are attributed to the Quick-
nefs of his Parts, and not to the Merits of his Cauſe;
and if all the Slips he makes are attributed to the
Badnefs of his Caufe, and not to the Blunders of his
Underſtanding.
When Cicero therefore reproaches a Rullus for the
Obſcurity of his Birth, a Pifo for the Stupidity of his
Difcourfe, an Antony for his childish Ignorance and
brutal Behaviour, he is fired with perfonal Refent-
ment, which ferves to draw down Hatred upon thoſe
againſt whom he is inveighing. But an Advocate
at the Bar muft proceed in another Manner. Some-
times, however, he very properly may reproach an
Antagoniſt for his Difcourfe, his Morals, nay, for
his Looks, his Air, and his Drefs. Thus Cicero
carries thofe Reproaches againſt Quintius ſo far, that
he takes notice of the Folds of his Robe floating a-
bout his Heels. Mean while we are to obferve, that
Cicero had a perfonal Pique at Quintius, for the turbu-
lent Affemblies he had raiſed against Cluentius. Some-
times an Invective may lofe all its Force by being
turned into Ridicule. Thus, when Triarius objected
to
384
M. FABIUS QUINCTILIANUS BOOK V.
"
to Scaurus that his Marble Columns were carried in
Waggons thro' the City; "Triarius is in the right,'
Lays Cicero, "for I bring my Columns from the
"Alban Quarries upon Pack-faddles."
This Method is beſt practiſed by the Defendant's
Advocate, whofe Concern for his Client gives him
fometimes a Right to make ufe of ftinging Speeches,
There is, however, a general and well-grounded Com-
plaint againſt a Lawyer, if thro' Malice he fuppreffes,
fhortens, darkens, or mifplaces any material Circum-
ftance. There is often, likewife, Reaſon to complain,
when a Defence is made, that has no Relation to the
Charge. Accius, in profecuting Cluentius, and Æ-
fchines in profecuting Ctesiphon, complain of this Prac-
tice; the former againſt Cicero, for fheltering his
Client under the Letter of the Law alone; the other
againſt Demofthenes, for not ſpeaking a fingle Word
of the Law.
I am however to admonish Gentlemen, eſpecially
fuch as deal in Declamation, never to make ufe of
fuch Objections as are easily anſwered, and not to
fuppoſe that their Antagoniſt is a mere Fool. Now
the common Practice is to chufe a Subject that ad-
mits frequent Applications from Common-Places,
and ſparkling Sentiments, which we can mould and
turn as we pleaſe; which puts me in mind of a
Verſe,
The Anfwer's Nonfenfe-That, we all admit;
But, Nonfenfe only could th' Objection fit.
This Cuſtom raiſes very often great Inconveniences
when we come to the Bar; where our Buſineſs is to
anſwer our Antagoniſt, and not ourſelves. It is faid
that when Accius the Poet was aſked, why he did not
come and plead at the Bar, fince he had fuch wonder-
ful Energy and Perfuafion in his Compofition? His
Anfwer
4
BOOK V. His INSTITUTES of Eloquence.
385
Anfwer was, "That in his Tragedies he made his
"Characters fpeak what he pleaſed, but at the Bar,
"the Characters he had to do with, would ſpeak the
"very Reverſe of what he pleaſed." It is therefore
a ridiculous Practice in our Exerciſes that are pre-
vious to real Pleadings at the Bar, to be thinking of
a Reply to a weak Objection, before we examine into
the whole of what may be ſaid againſt us. And a
good Profeffor of Rhetoric will give as much Praiſe
to a Pupil who is ſharp-fighted in finding out what
his Adverſary may fay, as he will to one who is accu-
rate in finding out what he can ſay himſelf. It is
true, in Schools, we are always to make fome Al-
lowances of this Kind, but feldom at the Bar. For
in a real Action how can the Profecutor, who is to
ſpeak firſt, know how to anſwer the Defendant, who
has, as yet, not ſpoken at all?
Moft Gentlemen, however, fall into this Abfurdity,
either thro' a declamatory Habit, or thro' a Rage of
Speaking, and thereby furniſh their Antagoniſt with
very pretty Occafions to rally them, and to turn
them into Ridicule. Sometimes by telling them that
what they faid amounted to nothing at all, that their
Meaning was quite different to what it had been re-
prefented. Sometimes they will thank their Antago-
niſt for putting them in mind, and own themſelves
obliged to him for affifting them. But their keeneſt
Jokes are cut upon their Opponent's not anfwering a
Syllable of the ſtrongeſt Part of their Pleading, which
he never would have omitted doing, had not his
Conſcience told him it was true, and unanfwerable;
and that therefore by his Silence he confeffed it. An
Example of this we have in Cicero's Pleading for Glu-
entius; "You have told us again and again that you
"are appriſed of my Deſign of ſheltering my Client
2
"under
386 M. FABIUS QUINCTILIANUS Book V.
素
​Cc
CC
૯૮
«Ε
"under the Expreffions of the Law. Ha! is it fo
"then? Have our Friends been weak and wicked
enough to betray us? How hard it is that our
Antagoniſt ſhould get into all our Secrets, by
"Means of thoſe whom we take to be our Friends?
But give me leave to afk you, who gave you this
"Information? Who was fuch a Scoundrel to do it?
"To whom did I impart this Defign of mine? No,
now I think of it, no body is to blame, for you
"received your Information from the Law itſelf."
Some Pleaders, not contented with contradicting,
will even exhauft a whole Topic. They will tell
you, that they know their Antagoniſt will infift fo
and fo, and that they will bring fuch and fuch Proofs.
Vibius Crifpus, a Perfon of great Wit and Humour,
handfomely ridiculed a Pleader in my Time, who fell
into this Practice. For my part, fays he, these are
Points I do not speak to, for what Purpofe ferves it, to
fay the fame Thing over and over again?
We may previouſly venture to contradict an Oppo-
nent, if he values himſelf too much upon what he
advances upon written Evidence; for then we anſwer
his Averrments, and not our own Suppofitions. Or,
if the Cauſe is of ſuch a Nature, as that we can go
upon certain Grounds, becauſe they are the only ones.
that poffibly can be laid down. For Inftance, ſtolen
Goods are found in a Man's Houfe, and he is there-
upon profecuted. In fuch a Cafe, the only Defence
he can poffibly make, is to fay, they were brought
thither without his Knowledge, or that they were de-
pofited in his Hands, or that he got them in a Preſent.
Now a Profecutor may anfwer all thefe Allegations,
even before they are made. With regard to the Practice
in Schools, it is very right we fhould obviate Con-
tradictions, even before they are made, becauſe we
thereby
Book V. His INSTITUTES of Eloquence, 387
#
thereby accuftom ourſelves to act in both Capacities,
that of Profecutor, and that of Defendant. Un-
lefs it is when we purfue this Practice, we never ought
to anſwer Objections before they are ftated, becauſe,
if we do, we anſwer that which never was alledged.
Pleaders are apt to fall into another Abfurdity,
that of an Over-Eagernefs, even to a Degree of em-
barraffing themſelves, while they are ftraining and
puzzled with every trivial Circumftance; for, a Con-
duct like this raifes Sufpicions in the Mind of a
Judge; and very often a Thing that, had it been hit
off at once by a Pleader, might have been decifive
in his Favour, lofes all Credit by his ftopping and
ftammering; becaufe a Judge will think that he con-
fider'd his Caufe to require fuch Pains. An Orator,
therefore, ought always to ſpeak with Affurance, and
in fuch a Manner as may diſcover the higheſt Confi-
dence in the Merits of his Caufe. This, amongst
others, is a great Excellency in Cicero. He talks
with fuch Confidence, as if he were fure of carrying
his Point, and with fo commanding an Air, that it
ſupplies the Place of Proof; for we dare not even
venture to queftion what he fays.
A Pleader, who is fenfible of the ftrong Points
both of his own and his Adverfaries Caufe, will rea-
dily judge what Particulars he is to anſwer, and what
to urge. In this Cafe, the Order he is to obferve is
extremely eaſy; for if we are the Profecutors, we
are firſt to eſtabliſh our own Proofs, and then we
are to reply to what has been urged against them.
If we are the Defendants, we are to fet out with re-
futing the other Party. But, in folving one Diffi-
culty, or replying to one Contradiction, other Diffi-
culties, and other Contradictions, may arife, and fome-
times others upon the back of them. Thus, in the
Shews
24
388 M. FABIUS QUINCTILIANUS
Book V:
Shews of Gladiators, when the Diſpute is obftinate
between the Scholars of two fencing Schools, the
Combatants are multiplied to decide it.
I have already mention'd a Method of Proof, that
confifts entirely in a fingle Affirmation, or Denial,
upon the Principle of the Conſciouſneſs that is with-
in our own Breafts; fuch as that of Scaurus againſt
Varius. I am not even fure, whether this Manner
is not moſt proper for the Refutation. Both Parties
ought carefully to examine where the Strefs of the
Caufe lies; for it often happens that a great many
Allegations, and Particulars, enter into a Caufe,
though the material Points, by which it is to be de-
termined, are but few.
Upon thoſe material Points the whole Practice of
proving and refuting ought to turn; but all muſt be
ftrengthen'd and embellifh'd by the Art and Addrefs
of the Orator. For, however ftrong, however plau-
fible, our Arguments may be, yet ftill their Com-
plexion muſt be fickly, if they are not urged home
by the commanding Energy of the Speaker. This,
this, ftrikes the deep Impreffion upon the Minds of
the Judges, when he comes to ſpeak from Common-
places, upon Witneffes, Writings, Proofs, and the
like. And likewife when he ſpeaks more particular-
ly in praifing or blaming an Action, in fetting forth
the Juſtice or Injustice of a Tranſaction, in exagge-
rating or diminiſhing; when he ſpeaks with Vehe-
mence, or with Mildneſs.
Some of thefe Places are applicable to fingle Ar-
guments, others to accumulated Proofs, and others
are fuited to the whole Tenor of the Pleading. Some
of them are adapted for preparing the Minds of the
Judges, others for confirming them. Now, Prepa-
ration and Confirmation both fometimes run through
the
Book V. His INSTITUTES of Eloquence.
389
the Whole of a Caufe, fometimes they are fitted for
one particular Part of it, and fometimes they are
diffuſed, according as Conveniency may direct.
It has been a Queſtion agitated with great Eager-
nefs, between the two Leaders of the two Sects of
Rhetoricians, I mean Theodorus and Apollodorus, whe-
ther theſe Common-places, or Topics, ſhould, with
Theodorus, run through every particular Queftion;
or whether, with Apollodorus, we ought to inform the
Judgment, before we attempt to move the Paffions.
I am, therefore, furprized that no middle Way has
been pointed out, which is to be obſerved according
as the Nature of the Caufe requires; but no fuch
Thing has ever been mentioned. The Teachers of
Syſtems are not the Men who have the greateſt Ex-
perience of Practice at the Bar; and we know that
an Order of Battle may be drawn up in a warm
Room and an eafy Chair, which may be thrown into
Confufion by the ſmalleſt Accident during the Fight.
In like manner, all the Authors who have laid down
Rules for Speaking, and have enjoined them as fo
many facred Myſteries, have tied down their Pupils
to certain Topics, not only for the Invention of Ar-
guments, but for their Management and Conclufion.
Having thus, as fuccinctly as poffible, mention'd
this Abſurdity, I am now to ſpeak my own Senti-
ments, that is, I am to lay before my Reader an
Opinion that ſhall be drawn from the Practice of the
moſt eminent Writers.
Сс
CHAP.
390
M. FABIUS QUINCTILIANUS BOOK V.
CHAP. XIV.
Concerning the Enthymema and Epichirema, and the Way
of managing them.
ment of Arguments.
The Refutation and Embellish-
A
N Enthymema is not only the Argument itſelf,
that is, the Thing which is applied for the
Proof of another Thing, but it implies, likewiſe,
the Expreffion of an Argument. Now, it is of two
Kinds: The one confifting of Confequences, and
containing a Propofition with which a Proof is im-
mediately connected. An Example of this we have
in Cicero's Pleading for Ligarius. "The Caufe was
"then doubtful, becauſe on each Side there was
fomething that was juftifiable; but now the Pre-
"ference is on that Side which the Gods have fa-
"youred. But, after ſuch Proofs of your Cle-
"mency, where is the Man who can repine at a
"Victory, by which none fell but in Arms ?" Here
we have a Propofition and a Proof, but without a
Conclufion; it is therefore a Kind of an imperfect
Syllogifm.
But that Kind of Proof which arifes from contra-
dictory Circumſtances, and which fome admit to be
the only Enthymema, is much stronger. An Ex-
ample of this we have in Cicero's Oration for Milo.
"You, therefore, prefide as the Avengers of the
"Death of a Man, whom, were it in your Power,
66 you would refuſe to restore to Life." Sometimes
the Parts, of which an Enthymema confifts, may
multiplied; an Example of which we have in the
fame Pleading. "Shall Milo, then, be fuppofed to
be
incur the Refentment of fome, yet dcaf to the
"Ap~
BOOK V. His INSTITUTES of Eloquence.
391
""
Applaufe of all? Was he afraid to venture, when
"he might have ventured fecurely; when the Laws,
"the Place, and the Time, were on his Side; and
<< yet boldly ſtrike, when the Raſhneſs of the Deed,
"unfavourable Circumſtances, and an untoward
"Juncture, endanger'd his Life?"
The beſt Kind of Enthymema, however, in my
Opinion, is that, where a Reafon is brought to fup-
port a diffimilar or contradictory Propofition. Says
Demofthenes, in one of his Orations, "It is abfurd to
<<
imagine, that, becaufe former Tranfgreffions of
the Laws have been committed, and you imitated
"them, therefore you fhould efcape unpunished;
<< no, that is the very ſtrongeſt Reaſon why you
"ought to be punished. For, had thofe who firft
"violated thofe Laws been condemned, you never
"would have ventured upon paffing this Decree,
"and your Condemnation will deter others from
treading in your Steps."
Some are for making the Epichirema confift of
four, fome of five, and fome of fix, Parts. Cicero
ftickles for five, the Propofition, its Reafon, its Affum-
ption, its Proof, and Conclufion. But, as the Propo-
fition, or the Major, fometimes does not require a
Reaſon; nor the Affumption, or the Minor, a Proof;
and as the Confequence is not always neceffary to be
laid down, he thinks that the Epichirema may con-
fift fometimes of four, fometimes of three, and
fometimes of two, Parts.
In my own Opinion, I agree with the Generality
of Authors, in thinking that the Epichirema confifts
of three Parts at moft. The Nature of Things re-
quires, that a Propofition ſhould firſt be laid down,
that it ſhould be follow'd by a Proof, and that Proof
by the Confequence refulting from both.
Cc 2
An
392
M. FABIUS QUINCTILIANUS BOOK V.
An Example of an Epichirema confifting of five
Parts, is found in Cicero, as follows; Thofe Affairs
that are managed by Wisdom are better governed, than
thofe that are void of it. This, fome call the firſt
Part, or the Propofition, and they are of Opinion
that it ought to be fupported with various Reaſons,
and the moft fignificant Expreffions. For my own
part, I think that all that makes but one and the fame
Propofition; otherwife, if the Reafon forms a Part
of itſelf, as there are various Reaſons, fo there muft
be various Propofitions. We now come to the Af
fumption, or the Minor. Now, nothing is better go-
verned than the System of the World. But this Minor
muſt be ſupported by a Proof, which forms the
fourth Part of the Epichirema; and I fet that Part
afide for the fame Reaſon as before. The Confe-
quence forms the fifth Part, and confifts of the Re-
fult of all the other Parts, the World therefore is go-
verned by Wisdom. Thus, when the Propofition and
Affumption are immediately connected, the Reſult of
the whole is expreffed in this Manner. "Thofe Affairs
"that are managed by Wiſdom, are better governed
"than thofe that are void of it; now nothing is bet-
66
ter governed than the Syftem of the World; the
"World therefore is governed by Wiſdom."
The three constituent Parts of the Epichirema,
however, that I have laid down, vary in their Forms,
for fometimes the Propofition and Conclufion are the
fame. "The Mind is immortal, for whatever is
"felf-motive is immortal; now the Mind is felf-
"motive, therefore the Mind is immortal." This
Manner prevails not only in fingle Arguments, but
thro' the whole of Caufes and Debates that turn upon
one Propofition. For in all fuch Matters, a leading
Propofition is laid down, which is the Subject Matter
of
BOOK +
393
V. His INSTITUTES of Eloquence.
13
of Conteſt. Says one Party, "You have been guilty
"of Sacrilege, for you have killed a Man." Says
the other, "If I have killed a Man, it does not
"therefore follow, that I am guilty of Sacrilege.
Then follows the Reaſoning, which is more diffuſed
in Cauſes and Trials than in fingle Arguments.
Next comes the Conclufion, or the Refult of the
whole, either by fumming it up fingly, or by draw-
ing from it a general Confequence.
There is another Kind of Confequence, which does
not contain the very Words, but the Meaning, of the
Propofition. The Thoughts of Death ought not to con-
cern us, for no Conſciouſneſs can attend a Diffolution of
our Frame; and where there is no Confcioufnefs, there can
be no Concern. There is another Kind, in which the
Propofition is not the fame with the Conclufion.
Every Thing animated is more excellent than that
"which is inanimated; now nothing is more excel-
lent than the World; the World therefore is ani-
"mated." Here the Diſpute feems to turn upon
the Matter propoſed, which may be laid down in the
following Terms: "The World is animated, be-
"caufe what is animated is preferable to what is in-
"animated." Now the Propofition is either felf-
evident, as in the laſt Example but one, or it re-
quires Proof; for Inftance, "Whoever wishes to
"live happily, ought to commence Philofopher."
This Point is not ſelf-evident, and till that is fettled,
the Confequences cannot fairly be drawn. Some-
times the Affumption or the Minor is felf-evident
for Example; "All Men wish to live happily."
Sometimes it requires to be proved; "No Con-
"ſciouſneſs can attend the Diffolution of our Frame."
Here it may be difputed whether the Soul is not im-
mortal,
394 M. FABIUS QUINCTILIANUS BOOK V.
}
mortal, or whether it does not cxift for a certain
Time after the Body is diffolved.
The Epichirema differs from the Syllogifm only
by the latter admitting of more Modes, and eſtabliſh-
ing one Truth by another; whereas the Epichirema
generally deals in Probabilities, or concludes with
what is feemingly true. For if it always happen'd
that we could prove a controverted Matter, by a ſelf-
evident one, a Pleader would have little Occafion to
make ufe of this Figure. For what Art does it re-
quire to fay, "Thofe Effects belong to me, for I
am the only Son, or the only Heir, of the De-
"ceaſed;" or, "the Deceaſed having by his laft
"Will given me a Right to thefe Goods, they
"therefore belong to me?"
.
But when the Reafon comes to be difputed, we are
then to render that certain, which before was uncer-
tain. For Example, if we difpute the Propofition or
the Major, You are not the Deceased's Son-You are
not Lis lawful Son-You are not his fole Heir He never
appointed you his Heir-The Teftament is invalid-You
are under an Incapacity of fucceeding-There are joint
Heirs appointed with you. In this Cafe we muſt make
good our Propofition, before the Effects can be ad-
judged to belong to us.
The Conclufion, or the Refult of the whole, necef
farily follows, after the Propofition and the Reaſon
have been eſtabliſhed at large. Sometimes it is fuf-
ficient to lay down the Propofition and the Reaſon
alone. For Example, "In fhort, my Lords," fays
Cicero in his Pleading for Milo, "Statutes are fi-
"lenced by Arms; nor do they preſume that a Man
"is to wait for Juftice from the formal Decifion of
"a Court, while the Sword of Violence is ready to
#C
put an End to his Life." Some therefore have
1
faid
BOOK V. His INSTITUTES of Eloquence,
395.
faid that the Enthymema, which is drawn from Con-
fequences, is of the fame Nature with the Reafon that
fupports the Propofition.
Sometimes a fimple Propofition may ftand very
properly by itſelf. Statutes are filenced by Arms. Some-
times we may begin with the Reaſon of the Propo-
fition, and fo proceed to the Conclufion. "If," fays
Cicero in the ſame Oration," the twelve Tables have
"made it lawful, abfolutely and unconditionally, to
"kill a Thief in the Night; and by Day, in Cafe he
"fhall defend himſelf with a Weapon; who can be
"fo unreaſonable as to think that no Circumftance
56
ઃઃ
Manner attending the killing of any Man,
ought to excufe the Perfon who kills om Punish-
"ment?" Cicero varies even this Manner, for he
gives the Reafon in the third Place, by adding,
"Since it is plain, that the Laws themſelves iome-
"times put into our Hands the Sword, which is to
"fhed the Blood of Man.”
He has likewiſe thrown the Epichirema into its na-
tural Order; "To a Traitor then and a Kobber,
"what Death can be deemed unjuſt ?" This is the
Propofition, the Reafon follows; "What avail thoſe
"very Guards ?" Then comes the Conclufion;
"And to what Purpoſe are they fuffered to wear
"Swords, if they are fuffered upon no Account to
"ufe them?" This I fay contains the Relult of the
whole.
This Kind of Reafoning may be refuted in as many
Manners as it contains Parts, which are three. For.
we may difpute either the Propofition, the Affump-
tion, or the Conclufion: Sometimes the whole.. The
Propofition, in the Pleading for Milo, to be attacked,
is the following; I had a Right to kill the Man who
way laid me. For all the questionable Part of Miilo's
Defence
396 M. FABIUS QUINCTILIANUS Book V.
Defence is, Whether a Man fhould be fuffered to live,
after confeffing that he had killed another?
The Affumption, or Minor, may be combated in
the Manner that I have already laid down concerning
Refutation. With regard to the Reaſon, a true
Reaſon may be fometimes tacked to a falfe Propofi-
tion. Sometimes the Propofition may be true, and
the Reaſon falſe. Virtue makes us happy, is a true
Propofition; because it makes us rich, is a falfe Rea-
fon. Now a Conclufion may be difputed, for not
arifing from what is premifed, or it may be difputed,
by pretending that it is no Part of the Matter in
hand. An Example of the former is, "We have a
"Right to kill the Man who way-lays us; the Man
"who attacks us, as an Enemy, ought to be repelled
"as an Enemy. Milo therefore had a Right to kill
"Clodius, as his Enemy." Here, I fay, the Con-
clufion is falfe, becauſe we have not yet proved, that
Clodius was the Way-layer. But if we keep the Pro-
pofition in general Terms, the Conclufion is right.
"That we have a Right to kill the Man, as an Ene-
my, who way-lays us." But this is faying nothing
to the Purpoſe, before you make it out that Clodius
way-laid Milo. Upon the whole, a true Confequence
may arife, tho' the Propofition and Reaſoning be
falſe; but if the Propofition and Reaſon be true, the
Confequence (a) never can be falfe.
<c
Some have defined the Enthymema to be a Syllo-
gifm; and others, Part of an oratorial Syllogifm;
becauſe there can be no Syllogifin without a Propo-
fition and Conclufion, and unleſs the whole of it is
directed to eſtabliſh the Propofition; whereas the
Enthymema fuppofes, but does not exprefs, the Pro-
pofition. The following is an Example of a Syllo-
(a) The Original here is very perplex'd.
3
gifm;
BOOK V. His INSTITUTES of Eloquence.
393
gifm;
"Virtue is the only Good, for that only can
"be good which nobody can abufe. Nobody can
" abuſe Virtue; Virtue therefore is the only Good."
An Enthymema would mention only the Confe-
quence; "Virtue is a Good, which nobody can a-
"bufe." By a contrary Way of Reafoning I would
fay, "Money is not a Good, for that cannot be
a Good which every one may abufe; now every
<< one may abuſe Money, therefore Money cannot
"be a Good." The Enthymema expreffes the fame
Thing by Inconfiftencies; "Can Money, which e-
66 very one may abufe, be a Good ?"
We ſpeak fyllogiftically in the following Manner;
"If the Money which is coin'd is Silver, the Perfon
"who leaves by his Will all his Silver to another,
"leaves him the Money that is coin'd; now this
"Perfon did leave him all his Silver; and therefore
he left him all his Silver that was coined." An
Orator would fay the fame Thing in the following
Manner ; "By leaving him all his Silver, he left,
"him the Silver that was coined."
Having thus, I hope, unlocked the facred My-
fteries of this Art, I am now to offer a Word by
way of Advice, concerning the prudent Management
of them. As I fee no Reaſon why in Pleadings we
may not make uſe of Syllogifms, neither do I think
it proper they ſhould be flouriſhed perpetually with
Epichiremas and Enthymemas. This would make
an Oration too much refemble formal, logical, Difpu
tations, which are far from being adapted to the Pur-
pofe of an Orator, fuch as I want to form. Men of
Learning, who affociate with one another that they
may come at Truth, weigh every Thing with the
utmoft Precision and Exactnefs; and bring every
Matter to as much Certainty as it will admit of.
VOL. I.
They
Dd
394
M. FABIUS QUINCTILIANUS Book V.
They, therefore, affume to themſelves the Profeffion
of inventing and judging, or what they call the ar-
gumentative and critical Parts of Knowledge. Our
Compofitions must be adapted to other Kinds of
Capacities. Sometimes we muft fpeak to thofe who
are ignorant of all Erudition, or, at leaſt, ignorant
of every thing but what relates to this Study. Un-
lefs we allure fuch by the Beauties, and force them
along by the Energy of Eloquence, nay, fometimes
touch every Paffion of their Souls; let us have
Truth, Right, and Juftice upon our Side, yet all
will go for nothing.
Eloquence requires to be ornamented, as well
as to be rich; but he can be neither, if minced in-
to certain Conclufions that have a Regularity of Re-
turn, and a Sameness of Compofition. She can then
attract nothing but Contempt, for her Meanneſs;
Averfion, for her Scurrility; Loathing, for her Ex-
uberance; and Difguft, at her Stiffneſs. Let her
Career, therefore, lie through the open Fields; let it
not be confined to the beaten Path. Let her not
pour like Water through a Pipe. No, let her roll on
like a fair-fpread River; let her deluge whole Val-
leys; and when she cannot find her Way, let her force
it. What is more wretched than to fee Orators fol-
lowing a certain Rule, and like School-boys, as it
were, tracing a Copy mark'd out with a Pencil? or,
as the Greeks fay, "ever wrapping themſelves in the
"Robes that were given them by their Mother, with-
"out venturing upon a Change of Attire?" May
not a Propofition and a Conclufion, arifing fometimes
from Confequences, and fometimes from Contrarie-
ties; may they not, I fay, be fo formed, as to ani-
mate and elevate the Hearer, fo as to pleaſe by a thou-
fand different Turns and Figures, fo as to appear to
be
Book V. His INSTITUTES of Eloquence.
395
ner.
be formed by Nature, not laboured by Learning; to
be the Product of the Soil, and not the Marufacture
of Art? What true Orator ever spoke the Lan-
guage of Logicians? Even Demosthenes, clo and
concife as he is, is extremely fparing of that Man-
We excel the Greeks in every Miſchief thatcan
be done to Eloquence, except in their catching up
their Enthymemas and Epichiremas, then ftringing
them upon a logical Thread, and tying them toge
ther fo as never to be unravelled; while, all along,
they are advancing what none can deny, and proving
what all muſt acknowledge; then telling you, with
a grave Face, that therein they imitate the Antients.
But, aſk them who thofe Antients were? and they
are at a ſtand. I am, however, to treat of the Figures
of Speech in another Place.,
I will add farther, that I diſapprove of thoſe who,
in arguing, require only a Style that is perfpicuous
and plain, without being copious or ornamented. It
is true, Perfpicuity and Plainnefs ought to be the
firft Confiderations, and all Matters of little Confe-
quence ought to be treated in Expreffions that are
plain, familiar, and fuited to the Subject. But when
we talk upon an elevated Subject, I think no Orna-
ment, that does not darken it, fhould be omitted;
for Metaphors often give a Propriety to Expreffion,
and throw great Light upon a Subject (a).
I am likewiſe to recommend to an Orator, that the
more barren a Subject is to which he fpeaks, the
more he ought to endeavour to ornament it by
the Charms of Expreffion; and the more rotten his
(a) Subjec] Our Author, in the Original, gives us an arch
Example of this after Cicero, who tells us, that the Lawyers defin'd
Litus to be, qua fluctus eludit. But as the Original has various
Readings, and as the Definition is infipid, even in the Latin, I
have not tranflated it.
Rea-
396
M. FABIUS QUINCTILIANUS Book V.
Reaſoning is, the greater ought the Beauties to be,
in which it is dreſs'd; always remembering, that the
Man who is quite pleafed, is more than half per-
fuaded. Perhaps, indeed, we may think that Cicero
went too far, when, in the argumentative Part of his
Pleading for Milo, he fays, "that the Laws were fi-
«lenced, where Arms prevail;" and tells us at the
fame time," that the Laws (b) themſelves fome-
times put into our Hands the Sword, which is to
"fhed the Blood of Man." A Mean, however,
muſt be obſerved in all fuch Liberties; and they
ought to be fo managed, as to embellish, not to em-
barraſs, a Pleading (c).
(b) Larus] Our Author certainly here meant to expoſe the falſe
Criticisms that prevailed in his Time, for there is no manner of
Impropriety in what Cicero here fays; nay, the moft exact Propri-
ety is obferved; for he reprefents the Law, though filent, ye as
ftretching forth the Sword of Offence and Defence, upon cer.
Occafions.
(c) Pleading] The Conclufion of this, as well as the former,
Chapter is extremely beautiful; and yet fome Readers may think
it an Abfurdity in our Author to lay down fo many Rules and Fi-
gures, which in fact he confeffes to be, in a great meaſure, uſeleſs.
We are, however, to confider, that his profeffed Purpofe is, to
leave nothing unfaid, that can tend to form an Orator; but, at
the fame time, to caution him againſt the injudicious Uſe of many
Expedients, that become hurtful when abufed.
The END of the FIRST VOLUME,
THT
DO NOT CIRCULATE
7609
M..
:
WAV