The orations of Cato the Censor have been already mentioned as remarkable for their rude but masculine eloquence. When Cato was in the decline of life, a more rich and copious mode of speaking at length began to prevail. Ser. Galba, by the warmth and animation of his delivery, eclipsed Cato and all his contemporaries. He was the first among the Romans who displayed the distinguishing talents of an orator, by embellishing his subject,—by digressing, amplifying, entreating, and employing what are called topics, or common-places of discourse. On one occasion, while defending himself against a grave accusation, he melted his judges to compassion, by producing an orphan relative, whose father had been a favourite of the people. When his orations, however, were afterwards reduced to writing, their fire appeared extinguished, and they preserved none of that lustre with which his discourses are said to have shone when given forth by the living orator. Cicero accounts for this from his want of sufficient study and art in composition. While his mind was occupied and warmed by the subject, his language was bold and rapid; but when he took up the pen, his emotion ceased, and the periods fell languid from its point; “which,” continues he, “never happened to those who, having cultivated a more studied and polished style of oratory, wrote as they spoke. Hence the mind of Lælius yet breathes in his writings, though the force of Galba has failed.” It appears, however, from an anecdote recorded by Cicero, that Galba was esteemed the first orator of his age by the judges, the people, and Lælius himself.—Lælius, being intrusted with the defence of certain persons suspected of having committed a murder in the Silian forest, spoke for two days, correctly, elegantly, and with the approbation of all, after which the Consuls deferred judgment. He then recommended the accused to carry their cause to Galba, as it would be defended by him with more heat and vehemence. Galba, in consequence, delivered a most forcible and pathetic harangue, and after it was finished, his clients were absolved as if by acclamation(229). Hence Cicero surmises, that though Lælius might be the more learned and acute disputant, Galba possessed more power over the passions; he also conjectures, that the former had more elegance, but the latter more force; and he concludes, that the orator who can move or agitate his judges, farther advances his cause than he who can instruct them.