Wednesday, March 10, 2010

Oral argument tips from Montaigne

If I were worthy to advise, the slow speaker, methinks, should be more proper for the pulpit, and the other for the bar: and that because the employment of the first does naturally allow him all the leisure he can desire to prepare himself, and besides, his career is performed in an even and unintermitted line, without stop or interruption; whereas the pleader's business and interest compels him to enter the lists upon all occasions, and the unexpected objections and replies of his adverse party jostle him out of his course, and put him, upon the instant, to pump for new and extempore answers and defences. Yet, at the interview betwixt Pope Clement and King Francis at Marseilles, it happened, quite contrary, that Monsieur Poyet, a man bred up all his life at the bar, and in the highest repute for eloquence, having the charge of making the harangue to the Pope committed to him, and having so long meditated on it beforehand, as, so they said, to have brought it ready made along with him from Paris; the very day it was to have been pronounced, the Pope, fearing something might be said that might give offence to the other princes' ambassadors who were there attending on him, sent to acquaint the King with the argument which he conceived most suiting to the time and place, but, by chance, quite another thing to that Monsieur de Poyet had taken so much pains about: so that the fine speech he had prepared was of no use, and he was upon the instant to contrive another; which finding himself unable to do, Cardinal du Bellay was constrained to perform that office. The pleader's part is, doubtless, much harder than that of the preacher; and yet, in my opinion, we see more passable lawyers than preachers, at all events in France. It should seem that the nature of wit is to have its operation prompt and sudden, and that of judgment to have it more deliberate and more slow. * * *

'Tis said of Severus Cassius that he spoke best extempore, that he stood more obliged to fortune than to his own diligence; that it was an advantage to him to be interrupted in speaking, and that his adversaries were afraid to nettle him, lest his anger should redouble his eloquence.
-- Montaigne, "Of Quick or Slow Speech," Essays 1.10 (Cotton tr.).

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