It is needless to add that much depends upon
Art: for though, even without this, it is possible, by the mere force of nature, to say many striking things; yet, as they will after all be nothing more than so many lucky hits, we shall not be able to repeat them at our pleasure. The style of Scaurus, who was a very sensible and honest man, was remarkably serious, and commanded the respect of the hearer: so that when he was speaking for his client, you would rather have thought he was giving evidence in his favour, than pleading his cause. This manner of speaking, however, though but indifferently adapted to the bar, was very much so to a calm, debate in the Senate, of which Scaurus was then esteemed the Father: for it not only bespoke his prudence, but what was still a more important recommendation, his credibility. This advantage, which it is not easy to acquire by art, he derived entirely from nature: though you know that even
here we have some precepts to assist us. We have several of his Orations still extant, and three books inscribed to L. Fufidius containing the History of his own Life, which, though a very useful work, is scarcely read by any body. But the
Institution of Cyrus, by Xenophon, is read by every one; which, though an excellent performance of the kind, is much less adapted to our manners and form of government, and not superior in merit to the honest simplicity of Scaurus. Fufidius himself was likewise a tolerable pleader. But Rutilius was distinguished by his solemn and austere way of speaking; and both of them were naturally warm, and spirited. Accordingly, after they had rivalled each other for the Consulship, he who had lost his election, immediately sued his competitor for bribery; and Scaurus, the defendant, being honourably acquitted of the charge, returned the compliment to Rutilius, by commencing a similar prosecution against
him. Rutilius was a man of great industry and application; for which he was the more respected, because, besides his pleadings, he undertook the office (which was a very troublesome one) of giving advice to all who applied to him, in matters of law. His Orations are very dry, but his juridical remarks are excellent: for he was a learned man, and well versed in the Greek literature, and was likewise an attentive and constant hearer of Panaetius, and a thorough proficient in the doctrine of the Stoics; whose method of discoursing, though very close and artful, is too precise, and not at all adapted to engage the attention of common people. That self- confidence, therefore, which is so peculiar to the sect, was displayed by
him with amazing firmness and resolution; for though he was perfectly innocent of the charge, a prosecution was commenced against him for bribery (a trial which raised a violent commotion in the city)—and yet though L. Crassus and M. Antonius, both of Consular dignity, were, at that time, in very high repute for their Eloquence, he refused the assistance of either; being determined to plead his cause himself, which he accordingly did. C. Cotta, indeed, who was his nephew, made a short speech in his vindication, which he spoke in the true style of an Orator, though he was then but a youth. Q. Mucius too said much in his defence, with his usual accuracy and elegance; but not with that force, and extension, which the mode of trial, and the importance of the cause demanded. Rutilius, therefore, was an Orator of the
Stoical, and Scaurus of the
Antique cast: but they are both entitled to our commendation; because, in
them, even this formal and unpromising species of Elocution has appeared among us with some degree of merit. For as in the Theatre, so in the Forum, I would not have our applause confined to those alone who act the busy, and more important characters; but reserve a share of it for the quiet and unambitious performer who is distinguished by a simple truth of gesture, without any violence. As I have mentioned the Stoics, I must take some notice of Q. Aelius Tubero, the grandson of L. Paullus, who made his appearance at the time we are speaking of. He was never esteemed an Orator, but was a man of the most rigid virtue, and strictly conformable to the doctrine he professed: but, in truth, he was rather too crabbed. In his Triumvirate, he declared, contrary to the opinion of P. Africanus his uncle, that the Augurs had no right of exemption from sitting in the courts of justice: and as in his temper, so in his manner of speaking, he was harsh, unpolished, and austere; on which account, he could never raise himself to the honourable ports which were enjoyed by his ancestors. But he was a brave and steady citizen, and a warm opposer of Gracchus, as appears from an Oration of Gracchus against him: we have likewise some of Tubero's speeches against Gracchus. He was not indeed a shining Orator: but he was a learned, and a very skilfull disputant.
