proceed."--"The case, then, is plainly this," said I: "as a flute, which will not return its proper sound when it is applied to the lips, would be laid aside by the musician as useless; so, the ears of the people are the instrument upon which an Orator is to play: and if these refuse to admit the breath he bestows upon them, or if the hearer, like a restive horse, will not obey the spur, the speaker must cease to exert himself any farther. There is, however, the exception to be made; the people sometimes give their approbation to an orator who does not deserve it. But even here they approve what they have had no opportunity of comparing with something better: as, for instance, when they are pleased with an indifferent, or, perhaps, a bad speaker. His abilities satisfy their expectation: they have seen nothing preferable: and, therefore, the merit of the day, whatever it may happen to be, meets their full applause. For even a middling Orator, if he is possessed of any degree of Eloquence, will always captivate the ear; and the order and beauty of a good discourse has an astonishing effect upon the human mind. Accordingly, what common hearer who was present when Q. Scaevola pleaded for M. Coponius, in the cause above- mentioned, would have wished for, or indeed thought it possible to find any thing which was more correct, more elegant, or more complete? When he attempted to prove, that, as M. Curius was left heir to the estate only in case of the death of his future ward before he came of age, he could not possibly be a legal heir, when the expected ward was never born;--what did he leave unsaid of the scrupulous regard which should be paid to the literal meaning of every testament? what of the accuracy and preciseness of the old and established forms; of law? and how carefully did he specify the manner in which the will would have been expressed, if it had intended that Curius should be the heir in case of a total default of issue? in what a masterly manner did he represent the ill consequences to the Public, if the letter of a will should be disregarded, its intention decided by arbitrary conjectures, and the written bequests of plain illiterate men, left to the artful interpretation of a pleader? how often did he urge the authority of his father, who had always been an advocate for a strict adherence to the letter of a testament? and with what emphasis did he enlarge upon the necessity of supporting the common forms of law? All which particulars he discussed not only very artfully, and skilfully; but in such a neat,--such a close,--and, I may add, in so florid, and so elegant a style, that there was not a single person among the common part of the audience, who could expect any thing more complete, or even think it possible to exist. But when Crassus, who spoke on the opposite side, began with the story of a notable youth, who having found a cock-boat as he was rambling along the shore, took it into his head