Institutio Oratoria

III. Our orator will also require a knowledge of civil law and of the custom and religion of the state in whose life he is to bear his part. For how will he be able to advise either in public or in private, if he is ignorant of all the main elements that go to make the state? How can he truthfully call himself an advocate if he has to go to others to acquire that knowledge which is all-important in the courts? He will be little better than if he were a reciter of the poets.

For he will be a mere transmitter of the instructions that others have given him, it will be on the authority of others that he propounds what he asks the judge to believe, and he whose duty it is to succour the litigant will himself be in need of succour. It is true that at times this may be effected with but little inconvenience, if what he advances for the edification of the judge has been taught him and composed in the seclusion of his study and learnt by heart there like other elements of the case. But what will he do, when he is confronted by unexpected problems such as frequently arise in the actual course of pleading? Will he not disgrace himself by looking round and asking the junior counsel who sit on the benches behind him for advice?