Tully's three books of offices, in English with notes explaining the method and meaning of the author.

CHAP. XIV.

Discourse of two sorts. Affability very powerful to ob∣tain Mens Love, &c. But Eloquence much more. Several Occasions of shewing a Man's Eloquence. To Defend more Laudable than to Accuse; but the latter in some cases Honourable enough. Several Ex∣amples of brave Accusations. 'Tis lawful in some cases to Defend the really Guilty; but never to Ac∣cuse the Innocent. The Judges and Advocates Du∣ties. Defending the Accus'd, especially honourable, when 'tis against some powerful Oppressor.

BUt a 1.1 of Speaking or Discourse there are two sorts; the one proper only for common Conversation, the other for Pleadings and Debates in the Publick. Of these two the latter, which is what we call Elo∣quence, is apparently most powerful towards the procurement of Glory; b 1.2 but yet 'tis unexpressible of what Influence Courtesie and Affability are, in the business of obtaining Mens Love and Affections. There are extant Letters of c 1.3 Philip to Alexander, d 1.4 Antipater to Cassander, and e 1.5 Antigonus to Philip;

in which these most Wise and Prudent Princes (for such we are told they really were) advise each his Son to speak kindly to the Multitude, and try to win the Hearts of both them, and the Soldiers, by gentle Words and familiar Appellations. f 1.6 But that other Discourse, which is proper for Pleadings and Harangues in Publick, does oftentimes more and transport the whole Multitude: For when a Man speaks to 'em plausibly and fluently, they are present∣ly rapt in a strange Admiration▪ and can't but con∣clude, as soon as ever they hear him, that he's wi∣ser and more knowing than the rest of Men are. But if there be Modesty joyn'd with the Power and Weight of his Eloquence, there's nothing in the World can more raise their Admiration; and espe∣cially too, if he be a young Man that speaks. Now the Subjects and Occasions, that stand in need of Eloquence, are more than one; and several young Gentlemen, in our own Republick, have made 'emselves eminent in several of 'em: some, for Example, by speaking in the Senate-house, and others by pleading in the Courts of Justice. Of these Ways the latter is most fruitful of Admiration, the Duties of which are only two, Defending and Accusing. 'Tis much more commendable to Defend than to Accuse; however this latter has oftentimes brought Men a considerable Reputation. We men∣tion'd the Example of Crassus but just now, g 1.7 Mar∣cus Antonius, when he was a young Man, did the

same; and nothing got h 1.8 Sulpitius so much Credit for his Eloquence, as his brave Accusation of Caius Norbanus, a very seditious and troublesome Citizen. This nevertheless must be done but seldom, or in∣deed never, unless it be undertaken on the behalf of the Republick, as 'twas by those three whom I just now mention'd: Or secondly, upon the account of some Injury receiv'd, as by the two i 1.9 Luculluses; or else for the sake of those under our Protection, as was formerly done by k 1.10 my self for the Sicilians; and by l 1.11 Julius for the Sardians against Marcus Al∣butius: in like manner m 1.12 Fusius made his Industry be taken notice of, by his accusing of Aquilius. Once then or so, 'tis allowable enough; but by no means often. However, should the Commonwealth call a Man to it, he may do it oftner upon her ac∣count; it being no Disgrace to be often employ'd in taking Vengeance on her Enemies. Yet, even in this Case, 'tis still the best way to be Moderate and Cautious: For he shews himself a Man of a very unnatural and merciless Temper (or rather indeed not a Man at all, but a Savage Monster) who can endure to make it his Business and Employment, to

bring many People into danger of their Lives: Be∣side that 'tis dangerous to the Person himself too; and not only so, but ev'n scandalous and shameful, to get himself the odious Name of An Accuser: which of late was the Fortune n 1.13 of Marcus Brutus, a Per∣son that was sprung of a noble Family, and Son of that Brutus, who was so particularly fam'd for his Skill in the Civil Laws. 'Tis another Rule of Du∣ty more especially to be taken notice of, and which can't be broken without manifest Villany, Never to bring an innocent Person into Danger. For since kind Nature has given us Eloquence, to serve for the Good and Preservation of all Men; what can be more, either Wicked, or Inhuman, than to turn it to the Ruin and Destruction of the o 1.14 best of 'em? 'Tis our Duty then, never to accuse the Innocent: but we need not, on the other hand, make any Con∣science, of speaking sometimes in behalf of the Guil∣ty, provided he ben't wholly Villanous and Abomi∣nable. For this is no more, than what the People desires, than what Custom authorizes, and the com∣mon Bowels of Humanity encline us to. 'Tis the Duty of a Judge, to endeavour after nothing but the real Truth; but an Advocate sometimes may speak up for that, which carries no more than an outward Appearance of it: Which, I think, I should hardly have ventur'd to say, (especially in Writing a Philosophical Discourse) but that I perceive 'twas

the Opinion of Panetius, a Person of as great and considerable Authority, as any among the Stoicks. But Defending is that, which brings the largest Re∣turns both of Glory and Interest; especially if one happen to be Assistant to those, who seem Injur'd and Oppress'd by the Power of some Great One. This was my Fortune, as a great many times, so more especially in my younger Days; when I stood in Defence of Roscius Amerinus, against all the Greatness and Authority of Sylla: and you know the Oration, which I then spoke, is p 1.15 at this time extant.

Notes

• a 1.1

  Having ended the last Chapter with Crassus's Accusation of Carbo, and the Credit he got by it: this easily brings him to another thing, that recommends young Men, and makes 'em be taken notice of, viz. Their Discourse. This he di∣vides into two sorts, and speaks upon 'em severally.
• b 1.2

  Of the first sort of Discourse, viz. That of common Conversation; and its Power.
• c 1.3

  Son of Amyntas, Father of Alexander the Great.
• d 1.4

  A Soldier of Philip's, left Governour of Macedonia by Alexander, when he invaded Persia: At last he Poyson'd Alexander, by his Son Cassander's means. See Quint. Cur∣tius.
• e 1.5

  A King of Macedonia, not Father, but only first Guardi∣an, and afterwards Father-in-law to Philip, who was Son of Demetrius, King of Macedonia and Epirus.
• f 1.6

  The second sort of Discourse, viz. Eloquence: of which he speaks pretty largely, and gives some Rules about Ac∣cusations, relating to their Lawfulness, Frequency, &c.
• g 1.7

  Grandfather to Mark Anthony the Triumvir; whom he brings in speaking in his de Oratore; a very eloquent Per∣son, as appears from the great Praises he there gives him. He was Cos. and Censor, call'd by V. Patercul. Princeps Civi∣tatis & Eloquentiae. He was afterwards kill'd by the Com∣mand of Marius and Cinna. The Person, by whose Accu∣sation he gain'd this Credit, was Cn. Papirius Carbo.
• h 1.8

  One of the Interlocutors in his de Oratore, and there commended for an excellent Speaker. He accus'd Norbanus, whom Anthony defended. [See de Orat. 2. 28.] He was Tribune of the People, and joyning with Marius against Syl∣la, was slain by Sylla's Order. Vell. Paterc.
• i 1.9

  Lucius and Marcus, who accus'd Servilius the Augur, because he before had accus'd their Father.
• k 1.10

  In his Orations against Verres.
• l 1.11

  I have follow'd the Correction of Langius, Manut. &c. who would have it read Pro Sardis in or Contra Albutium Julius. Vid. Ed. Graevii.
• m 1.12

  He mentions this Accusation in his Brutus, where he says Fusius got a great deal of Credit by it. Anthony the famous Orator defended Aquilius, and to move the Judges to Pity, pull'd open his Cloaths, and shew'd them his honoura∣ble Wounds in his Breast. Aquilius was Cos. with Marius, An. Urb. Cond. 652. and accus'd of Bribery or Extortion. Mul∣tis avaritiae criminibus, testimoniis{que} convictus, Cic. Orat. pro Flac.
• n 1.13

  He mentions both Father and Son in his de Oratore, the one for an excellent Lawyer, who wrote several Books; and the Son for a loose Debauchee. And in his Brutus he calls the Father an excellent Man, and very skilful of the Law; but the Son a Disgrace to his Family, &c.
• o 1.14

  Viz. Those that are innocent.
• p 1.15

  'Tis the second of his Orations as now printed.