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 ftile, on these occasions, must 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 person 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 methodized in fuch a manner, the several facts and proofs fo difpofed, and the whole fo perfpicuous and clear, that all may easily 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 inftruct. Judges are but men, and though they are attached to truth and juftice, abftracted from all other confiderations, it is however proper to attach them ftill 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 difplay itself, and by a certain charm and grace, awakens 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 supported 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 Scaurus'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 senator, who was more confiderable for his folidity and dignity, than for pomp and fhew; and whofe confummate prudence, joined to the higheft fincerity, forced the auditors to give their confent. For on this occafion, the reputation of a judge conftitutes part of his eloquence, and the idea we entertain of his integrity adds great weight and authority to his discourse. n In Scauri oratione, fapientis hominis & reti, gravitas fumma & naturalis quædam inerat auctoritas : non ut caufam, fed ut teftimonium dicere putares, cùm pro reo diceret. Hoc dicendi genus ad patrocinia mediocriter aptum videbatur; ad fenatoriam verò fententiam, cujus erat ille princeps, vel maximè: fignificabat enim non prudentiam folum, fed, quod maximè rem continebat, fidem. It is therefore manifeft, that those who would fucceed in Reports must carefully ftudy the firft, or fimple kind of eloquence; muft enter thoroughly into the genius and taste of it, and copy from the best models; must use the second fpecies of eloquence, viz. the flowery and mediate kind, very fparingly borrow only Brut. n. 111. & 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 ftile) they must absolutely never make use of it. The practice of the universities, especially in the claffes of rhetoric and philofophy, may be very useful 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 difplay its feveral parts, to distinguish the various proofs, and make remarks upon fuch paffages as are ftrong or weak. In philofophy likewise, it is the custom after reading fome excellent treatises of that kind to them, fuch as Defcartes 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 solutions deduced from them. I have heard young lawyers own, that of all the univerfity exercises this was the moft advantageous, and of the greatest use to them in reports. How Youth may prepare themselves for Pleading. S Demofthenes and Cicero arrived at pefection in eloquence, they are the most proper to point out the path which youth muft follow to attain it, I fhall therefore give a fhort relation of 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 to say, they muft or can imitate them in every thing; but should they follow them only at a distance, they would find great advantages from it. DEMOSTHENES. "Demoftthenes having loft his father, at the age of feven years, and falling into the hands of selfish and avaricious guardians, who were wholly bent upon plundering his eftate; was not educated with the care which so 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 Calliftratus, 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 ftrongly affected with the honours which were paid the orator, and ftill 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 himselfentirely to it, and immediately laid afide every other pleafure and study. X Ifocrates's school, which formed fo many great orators, was at that time the most famous in Athens. But whether the fordid avarice of Demofthenes's tutors hinder'd him from improving under a master who w Plut. in Vita Demofth. * Ifocrates.... cujus è ludo, tanquam 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 or calm eloquence of Ifocrates was not then suitable to his taste, he was placed under Ifæus, 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 discover the noble and fublime stile of the mafter, in the writings of the pupil. His firft effay of eloquence was against his guardians, whom he obliged to restore 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 speech, and had a very short 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 salutary advice he gave him. He therefore appeared a second time before the people, but with no better fuccefs 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 verses to him; which he immediately y Ten minæ, or five hundred French livres. z Sermo promptus, & Ifæo torrentior. Juven. Illud jusjurandum per cæfos in Marathone ac Salamine propugnatores reipublicæ fatis manifeftò docet præceptorem ejus Piatonem fuiffe. Quintil. 1. 12. c, 10. M did. |