azard it for that very reason. The dress now in use at the bar
has an air of meanness: the speaker is confined in a close robe [a],
and loses all the grace of action. The very courts of judicature are
another objection; all causes are heard, at present, in little narrow
rooms, where spirit and strenuous exertion are unnecessary. The
orator, like a generous steed, requires liberty and ample space:
before a scanty tribunal his spirit droops, and the dullness of the
scene damps the powers of genius. Add to this, we pay no attention to
style; and indeed how should we? No time is allowed for the beauties
of composition: the judge calls upon you to begin, and you must obey,
liable, at the same time, to frequent interruptions, while documents
are read, and witnesses examined.

During all this formality, what kind of an audience has the orator to
invigorate his faculties? Two or three stragglers drop in by chance,
and to them the whole business seems to be transacted in solitude. But
the orator requires a different scene. He delights in clamour, tumult,
and bursts of applause. Eloquence must have her theatre, as was the
case in ancient times, when the forum was crowded with the first men
in Rome; when a numerous train of clients pressed forward with eager
expectation; when the people, in their several tribes; when
ambassadors from the colonies, and a great part of Italy; attended to
hear the debate; in short, when all Rome was interested in the event.
We know that in the cases of Cornelius, Scaurus, Milo, Bestia, and
Vatinius, the concourse was so great, that those several causes were
tried before the whole body of the people. A scene so vast and
magnificent was enough to inflame the most languid orator. The
speeches delivered upon those occasions are in every body's hands,
and, by their intrinsic excellence, we of this day estimate the genius
of the respective authors.

XL. If we now consider the frequent assemblies of the people, and the
right of prosecuting the most eminent men in the state; if we reflect
on the glory that sprung from the declared hostility of the most
illustrious characters; if we recollect, that even Scipio, Sylla, and
Pompey, were not sheltered from the storms of eloquence, what a number
of causes shall we see conspiring to rouse the spirit of the ancient
forum! The malignity of the human heart, always adverse to superior
characters, encouraged the orator to persist. The very players, by
sarcastic all