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orator, the want whereof could least be concealed, and which at the same time was best adapted to conceal the rest. This induced him to make incredible efforts to fucceed in it. Cicero imitated him in that, as in every thing else; and he was in some measure obliged to it, from the desire he had to equal Hortenfius, who excelled in that particular. The example of both ought to have great weight with young lawyers.

6. A great many of these, in my opinion, want a certain quintessence of polite literature, and erudition, which embellish however, and enrich the understand ing vastly, and diffuse a delicacy and beauty over dircourse, which it can have from no other source, The reading of ancient authors, the Greeks especially, is very much neglected. How closely did Cicero ftudy them! Orators, poets, historians, philosophers, he was acquainted with them all, and made them all of service to him; and the latter more than the rest. Young lawyers ought not to attempt pleading too foon, but should employ their time, at their first setting out, in acquiring a valuable and necessary fund of knowledge, which cannot be attained afterwards. I own the practice of the bar is the best master, and most capable of making them great lawyers: but it should not consist, at first, in frequent pleading. There we listen affiduously to great orators, we study their genius, we observe their action, we are attentive to the opinions which the learned give of them ; and thus we endeavour to improve equally by their perfections and defects.

7. If it should be asked, what is the proper age for being called to the bar, and pleading at it? I answer, that 'tis a thing which cannot be brought to any fixed rule ; and Quintilian's advice upon this matter is very prudent. "* A medium, says he, must be ob

served

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k Medus mihi videtur quidam fringatur immatura frons, & tenendus, ut neque præproperè di- quicquid eft illud adhuc acerbum

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çe served ; so that youth should not expose himself in pub Click before he is capable of doing it with advantage i "nor make a parade of his knowledge, whilst 'tis “ crude and undigested, if I may use the expression: " for by that means he will despise pains and study ; “ imprudence takes deep root in him; and, what is b. a greater misfortune, confidence and boldness pre“ cede vigour and strength. But he must not, on " the other hand, wait till he grows old, for then he " will grow more timid every day; and the longer “ he delays, the more fearful he will be to venture to

speak in publick: so that, whilst he is deliberating whether it is time to begin, he finds it is too

8. It were very much to be wished, that the custom, observed formerly among the Romans, should take place among us; and that the houses of old lawyers İhould be, as it were, the school of the youth designed for the bar. What can be more worthy a great orator, than to conclude the glorious course of his pleading, by so honourable a function? We shall see, says Quintilian, a whole company of studious young people frequenting his house, and consulting him upon the proper methods of speaking. He forms them, as though he were the father of eloquence ; and, like an old experienced pilot, points out to them the course they are to steer, and the rocks they must fhun, when he sees them ready to set fail.

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1 proferatur. Nam inde & con- Frequentabunt ejus domum temprus operis in nascitur, & fun- optimi juvenes more veterum; & damenta jaciuntur impudentiæ, & veram dicendi viam velut ex ora(quod eft ubique perniciofiffimum) culo petent. Hos ille formabit prævenit vires fiduc a. Nec rur- quasi eloquentiæ parens, &, ut fus differendum eft tyrocinium in vetus gubernator, littora, & porfenectutem. Nam quor.die metus cus, & quæ tempeftarum figna, crescit, majusque fic femper quod quod fecundis flatibus. quid adverausuri sumus : &, dum deliberamus sis ratis pofcat, docebit. Quint. I. quando incipiendum fit, incipere 12. c. 11. jam ferum eft. Quiptil, lib. 12,

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ARTICLE

ARTICLE the THIRD.

Of the Lawyer's morals.

I ,

tise on the eloquence of the bar, without saying something of the lawyer's morals, and the chief qualifications requisite to his profeffion. Youth will find this subject treated in all the extent it deserves, in the twelfth book of Quintilian's institutions, which is the most elaborate and most useful part of his work,

I. Probity. Cicero and Quintilian lay it down as an indisputable principle in several parts of their works, that eloquence thould not be separated from probity; that the talent of speaking well supposes and requires that of living well; and that to be an orator, a man must be virtuous, agreeable to Cato's definition: Orator vir bonus dicendi peritus, m Without this, says Quintilian, eloquence, which is the most beautiful gift that nature can bestow upon man, and by which The has distinguished him in a particular manner from other living creatures, would prove a fatal present to him ; and be so far from doing him any service, that the would rather treat him as a step-mother, and like an enemy rather than a mother, in imparting a talent to him for no other end, but to oppress innocence, and fight against truth, like the putting a sword into the hands of a madman. It would be better, adds he, that

m Si vis illa dicendi maliciam fociam scelerum, adversain innoinftruxerit, nihil fit publicis pri- cenciæ, holtem veritatis invenit. vatisque rebus perniciosius eloquen- Mucos enim nasci, & egere omni tia ... . Rerum ipsa natura, in eo ratione fucius fuiffet, quàm Proquod præcipuè indulhile homini vi- videntiæ munera in mutuam perdetur, quoque r.os à cæteris anima- niciem convertere. Quint. 1. 12 libus feparasle, non parens sei no. verca fuerit, & facultatem dicendi

a man

C. 1.

a man should be destitute of speech, and even of reafon, than to employ them to such pernicious ends.

The flightest attention will discover how necessary honesty is to a pleader. His whole design is to perfuade; " and the surest way of effecting it, is to prepossess the judge in his favour, so that he may look upon him as a man of veracity and candour, full of honour and fincerity; who may be entirely trusted ; is a mortal enemy to a lie, and incapable of tricks and cunning. In his pleadings, he should appear not only with the zeal of an advocate, but with the authority of a witness. The reputation he has acquired of being an honest man, will give great weight to his arguments: whereas when an orator is dis-esteemed, or even suspected by the judges, 'tis an unhappy omen to the cause,

II. Disinterestedness. The question treated by Quintilian in the last book of his rhetoric, whether lawyers ought to plead without fees or gratuity, does not square with the manners or customs of our days; but the principles he there lays down, suit all ages and times.

? He begins with declaring, that it would be in: finitely more noble and becoming so honourable a profeffion, not to sell their service, nor debafe the merit of fo great a benefit, since most things may seem contemptible, when a price is set upon them, . 9 He afterwards owns, that if a lawyer has not estate enough of his own, he then is allowed by the laws of all wise legislators, to accept some gratuity from the party he pleads for ; since no acquisition can be more just than that which proceeds from such honest labour, and is given by those for whom we have performed such important services; and who would certainly be very unworthy, if they failed to acknowledge them. Besides, as the time which a lawyer bestows upon other peoples affairs, prevents him from thinking of his own ; 'tis not only just, but necessary he should not lose by his profession.

estate n Plurimum ad omnia momenti honeftiffimum ac liberalibus dis. est in huc positum, fi vir bonusciplinis & illo quem exigimus acreditur. Sic enim concinget, ut nimo dignissimum, non vendere non ftudium advocati videatur af. operam, nec elevaré tanti beneficii ferre, sed penè teftis fidem. Quint. auctoritatem ? cum pleraque hoc 1. 4. C. I. .

ipro poffinc videri vilia, quòd preSic proderit plurimum causis, cium babent. quibus ex sua bonitate faciet fidem. 4 At fi res familiaris amplius Nam qui, dum dicit, malus video aliquid ad usus neceffarios exigit, tur, utique malè dicit. 1. 6. c. 3. fecundùm omnes fapientium leges

Videtur talis advocatus malæ patiecur fibi gratiam referri. caufæ argumentum. 1. 12. C. 1. Neque enim video quæ juftior ac8 Quint. 1. 12. c. 7.

quirendi ratio, quàm ex honeftifP Quis ignorat quia id longè Go Amo labore, & ab iis de quibus

optimè

But Quintilian would have the lawyer, even in this case, keep within very narrow bounds; and be very watchful in observing the perfon from whom he receives any gratuity, together with the quantity, and time during which he receives it. By which he seems to insinuate, that the poor should be served gratis, and that he should take but moderately even from the rich: in fine, that the lawyer should forbear receiving any gratuity, after he has acquired a reasonable fortune.

"He must 'never look upon what his clients offer him, as though it were a payment or a salary, but as a mark of friendship and acknowledgment; well knowing he does infinitely more for them than they do for him; and he must make this use of it, because a good office of that kind ought neither to be sold nor loft,

optimè meruerint, quique, Gnihil usque .... Nec quifquam, qui fafo invicem præstent, indigni fuerit ficientia fibi modica autem hæc defenGone. Quod quidem non funt) pollidebit, hunc quæftum julum modò, fed neceffarium fine crimine fordidum fecerit. etiam eft, cùm hæc ipfa opera, [ Nihil ergo acqu rere volet tempusque omne alienis negotiis orator ultra quàm fatis erit : nec datum, facultatem aliter acquirendi pauper quidem tanquam mercedem recidant.

accipiet, fed mucua benevolentia "Sed cum quoque tenendus eft uterur, cùm sciat se tanto plus modus : ac plurimum refert & à præftitiffe : quia nec venire hoc quo accipiat, & quantum, & quo- beneficium oportet, nec perire.

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