here, and will only explain the principles of it, without being very particular.

I am fenfible, that every company and every court have their particular ufages and cuftoms in reporting cafes. But all have the fame foundation; and the ftyle, on thefe occafions, muft be the fame every-where. There is a fort of eloquence peculiar to this kind of difcourfe, which confifts, if I am not mistaken, in fpeaking with perfpicuity and elegance.

The end propofed by a perfon who reports cafes, is, to inform the judges, his collegues, of the affair, upon which they are to give judgment in conjunction with him: He is charged, in their names, with the examination of it: He becomes, on that occafion, the eye, as it were, of the company :He communicates to them all the lights and informations poffible. But, to do this effectually, the fubjects he undertakes to treat must be methodifed in fuch a manner, the feveral facts and proofs fo disposed, and the whole fo perfpicuous and clear, that all may eafily comprehend the report. All things muft confpire to this perfpicuity, the thoughts, the expreffions, the turns, and even the utterance, which must be diftinct, eafy, and calm.

I obferved, that to beauty must be joined perfpicuity, because we must often please, in order to infruct. Judges are but men, and, though they are attached to truth and justice, abstracted from all other confiderations, it is however proper to attach them fill more ftrongly to them by fomething taking and delightful. Caufes, which are generally obfcure, and full of difficulties, occafion tedioufnefs and difguft, if the perfon, who makes the report, does not take care to render it agreeable by a certain elegance and delicacy of wit, which ftrikes us without affecting to dif play itself, and, by a certain charm and grace, awakes and excites the attention of the hearers.

Addreffes to the paffions, wherein the greatest force of eloquence confifts in other cafes, are here abfolutely prohibited. The perfon, who makes the report, does

not

not speak as an advocate, but as a judge. In this view he maintains one of the characteristics of the law, which, while it is ferene and calm itself, points out the rule and duty; and, as he himself is commanded to be free from paffions, he is not allowed to attempt to excite them in others.

This manner of speaking, which is not fupported either by the beauty of thoughts and expreffions, by the boldness of figures, or by the pathos of the paffions, but which has only an eafy, fimple, and natural air and turn in it, is the only one fit for reports, and at the fame time not so easy to attain as may be imagined.

I would willingly apply what Tully fays of Scau❤ rus's eloquence to that of one who makes reports. This orator tells us, that it did not fuit the vivacity of pleading, but was very well adapted to the gravity of a fenator, who was more confiderable for his folidity and dignity, than for the pomp and fhew; and whose confummate prudence, joined to the highest fincerity, forced the auditors to give their confent. For, on this occafion, the reputation of a judge constitutes part of his eloquence, and the idea we entertain of his integrity adds great weight and authothority to his difcourfe: "In Scauri oratione, fapientis hominis & recti gravitas fumma & naturalis quædam inerat auctoritas: non ut caufam, fed ut teftimonium dicere putares, cum pro reo diceret. Hoc dicendi Hoc dicendi genus ad patrocinia mediocriter aptum videbatur; ad fenatoriam vero fententiam, cujus erat ille princeps, vel maxime: fignificabat enim non prudentiam folum, fed, quod maxime rem continebat, fidem.

It is therefore manifeft, that those who would fucceed in reports must carefully study the first, or fimple kind of eloquence; must enter thoroughly into the genius and taste of it, and copy from the best models; muft use the second fpecies of eloquence, viz. the flowery and mediate kind, very sparingly; borrow only

a Brut. r. 18, & 112

a few

a few touches and beauties from it, with a wife circumfpection, and that very rarely; but as to the third kind (the fublime ftyle) they muft absolutely never make use of it.

The practice of the universities, especially in the claffes of rhetoric and philofophy, may be very ufeful to young people, in preparing them for making reports. After explaining one of Tully's orations, the pupils are obliged to give an account of it, to display its several parts, to distinguish the various proofs, and make remarks upon fuch paffages as are ftrong or weak. In philosophy likewise, it is the custom, after reading fome excellent treatises of that kind to them, fuch as Descartes and Malbranche, to difcufs them thoroughly, to reduce arguments, which often are very long and abftracted, to fome conciseness and perfpicuity, to fet the difficulties and objections in their full light, and to fubjoin the folutions deduced from them. I have heard young lawyers own, that of all the uni versity exercises this was the moft advantageous, and of the greateft ufe to them in reports.

ARTICLE II.

How Youth may prepare themselves for Pleading.

S Demofthenes and Cicero arrived at perfection

in eloquence, they are the most proper to point out the path which youth must follow to attain it. Į fhall therefore give a fhort relation what we are told concerning their tender years, their education, the different exercifes by which they prepared themfelves for pleading, and what formed their greatest merit, and established their reputation. Thus, these two great orators will ferve at the fame time for models and guides to youth. I do not however pretend

to fay, they must or can imitate them in every thing; but, fhould they follow them only at a distance, they would find great advantages from it.

DEMOSTHENE S.

Demofthenes, having loft his father, at the age of feven years, and falling into the hands of felfish and avaricious guardians, who were wholly bent upon plundering his eftate, was not educated with the care which fo excellent a genius as his deserved : not to mention, that the delicacy of his conftitution, his ill ftate of health, and the exceffive fondness of his mother, did not allow his masters to urge him in regard to his ftudies.

Demofthenes, hearing them one day speak of a famous cause that was to be pleaded, and which made a great noise in the city, importuned them very much to carry him with them to the bar, in order to hear the pleadings. The orator, whofe name was Califtratus, was heard with great attention; and, having been very fuccessful, was conducted home, in a ceremonious manner, amidst a croud of illuftrious citizens, who expreffed the highest fatisfaction. Demofthenes was strongly affected with the honours which were paid the orator, and still more with the abfolute and defpotic power which eloquence has over the mind. Demofthenes himself was fenfible of its force; and, unable to refift its charms, he from that day devoted himself intirely to it, and immediately laid afide every other pleasure and study.

Ifocrates's fchool, which formed fo many great orators, was at that time the most famous in Athens. But whether the fordid avarice of Demofthenes's tutors hindered him from improving under a mafter, who

w Plut. in Vita Demofth. x Ifocrates.... cujus è ludo, anquam ex equo Trojano, innu

meri principes exierunt. 2. de Orat. n. 94.

made

made his pupils pay very dear for their inftruction, or whether the gentle and calm eloquence of Ifocrates was not then fuitable to his taste, he was placed under Ifæus 2, whofe eloquence was forcible and vehement. He found, however, an opportunity to procure the precepts of rhetoric, as taught by Ifocrates. Plato indeed contributed moft to the forming of Demofthenes. And we plainly difcover the noble and fublime ftyle of the mafter, in the writings of the pupil.

His firfteflay of eloquence was against his guardians, whom he obliged to reftore part of his fortune. Encouraged by this good fuccefs, he ventured to speak before the people, but acquitted himself very ill on that occafion. Demofthenes had a faint voice, ftammered in his fpeech, and had a very fhort breath; and yet his periods were fo long, that he was often obliged to paufe, in order to take breath. He therefore was hiffed by the whole audience, and thereupon went home quite dejected, and determined to abandon for ever a profeffion to which he imagined himself unequal. But one of his hearers, who perceived an excellent genius amidst his faults, and an eloquence which came very near that of Pericles, encouraged him by the ftrong remonftrances he made, and the falutary advice he gave him.

He therefore appeared a fecond time before the people, but with no better success than before. As he was going home with down-caft eyes, and full of confufion, he was met by his friend Satyrus, one of the best actors of the age; who, being informed of the cause of his chagrin, told Demofthenes, that the misfortune was not without remedy, nor fo defperate as he imagined. He defired Demofthenes only to repeat fome of Euripides or Sophocles's verfes to him; which he immediately

▾ Ten minæ, or five hundred Marathone ac Salamine propugna. French livres. tores reipublicæ fatis manifefto docet præceptorem ejus Platonem faiffe. Quintil. 1. 12. C. 10.

7. Seimo promptus, & Ifæo torsenior. Juven.

Illud jusjurandum per crefcs in VOL. II.