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lost sight of in appreciating the Greek masters, and especially Demosthenes. When one reads the rhetorical works of Cicero and Dionysius, one cannot but perceive that the ancient languages, from their complicated and highly artificial structure, admitted of certain graces that cannot be aimed at, to any thing like the same degree, by any modern composition. One of these is harmony and rhythm. The effect, which a polished and musical period (in the right place) had on the ears of an Attic, and even of a Roman assembly, is scarcely intelligible any where but in southern Europe. But there was immense difficulty in avoiding a vicious extreme in the use of this art. If it were not directed by the most exquisite taste and judgment, it became very offensive, and gave to a business speech the air of a mere panegyrical or scholastic declamation. Not only so, but nothing was harder to avoid than the uttering of a complete verse, and nothing was reckoned more vicious. In this, as in every other respect, Demosthenes is pronounced by Dionysius a perfect model of judgment and excellence. With a compass, a fulness, a pomp and magnificence of periods that distance the efforts of Isocrates in the same style, he displays such an inexhaustible variety of cadence, his tone is so continually changing with the topic, there is every where such an appearance of ease and simplicity, that while the ear is always charmed, the taste is never once offended. He takes care always of the great capital object of eloquence-the being, and seeming to be in earnest. For this reason it is that he throws in occasionally those abrupt and startling sentences, so ignorantly censured by Blair. He thus avoids that concinnity which is too apparent and somewhat offensive in Cicero, who continually forgets his own maxims on this subject--that in all things sameness is the mother of satiety.*

That so great a master of the human heart as Demosthenes, that a statesman, occupied with the gravest public affairs, that a political leader, excited even to fanatacism by the conflict of parties and the war of the popular assembly, should have time or even inclination to give a thought to such minutie of style, may seem, at first, strange. But it is not so. In the first place, this perfection was become nature with him by the time he made his first appearance on the Bema. That lamp had not been burning in vain, in deep solitude, from his early youth upwards. But, independently of that, it is a mistake to suppose that they whose writings and speeches have had the greatest sway over the minds of men, have been ever careless about the form and finish of their works. The very reverse is the fact. Franklin, Paine, Cobbett, Paul Louis Courier, Beranger, Swift-were all not only

* On this whole subject see Dionys. Hal. 7. 5. 2. Anuoodev. dsIVOTNT. $ 33, et sqq. and Cic. orat. cc. 44-70.

good, but exquisite, writers; minutely versed in all the secrets of the art of composition. And there is yet another instance, still more remarkable, as presenting more than one coincidence with Demosthenes. We mean J. J. Rousseau—the master, the Socrates of the French Convention, whose frantic declamations were mere paraphrases or perversions of his political speculations. Never, perhaps, has a writer exercised a more terrible influence; yet look at his matchless style, and see what he says, in his Confessions, of his extreme slowness and labor in composition.Those pages, which seem to have been filled up as with a flood of spontaneous, irrepressible passion, in “those burning ecstacies” of his, were the tardy product of years of deep and mature meditation ; those musical periods, that natural, various, and abundant language of sensibility excited even to madness; they were not dropped there in a fit of Sibylline rage and inspiration, but weighed, and trimmed, and recast, and polished over with a most mechanical precision and pains-taking, hundreds of times, before they were sent forth to wring and agitate the hearts of men. Shall we wonder at the elaborateness of Demosthenes, in the midst of by far the most cultivated people (we mean, of course, in reference to art) the world has ever seen? No better is needed of their taste, than the pains he took to satisfy it; his masterpieces were such because they required them to be so; and, both by his efforts to please them, and his success in doing so by works matchless in every perfection, he is the pride and glory, as he was the idol, of the democracy of Athens.

One thing more, and we have done. These speeches, however elaborately composed, were still speeches. Every thing is done to give them an air of business, and the appearance of being the spontaneous effusions of the moment. No extemporaneous harangues were ever more free and natural.* They were made to be delivered some of them before tribunals composed of many hundred judges, others before the ecclesia itself, all of them in vast assemblages of people. Under such circumstances, in animated conflicts with able and eloquent adversaries, a graceful, impressive manner, a clear, audible, passionate voice, and all the other attractions of delivery were highly necessary. His own repeated failures, on account of some defect from personal disadvantages in this way, led him to utter the sentence so often repeated since, that, to an orator, the one thing needful is good "acting.+ This comprehends the management of voice, air, countenance, gesture, movements upon the Bema, and the

* See cont. Timocrat. $ 31. Cont. Mid. $ 22, and F. A. Wolfe, ad Leptin. & 18.

+ 'Yaoxgioisnot "action" as it has been improperly translated. The best essay, beyond comparison, we have ever met with, upon delivery, is in the author ad Herenn 1. iii. cc. 11. 15; the great object of all is to seem in carnest-ut res ex animo agi videatur.

attainment of the perfect self-possession, sure tact and nice sense of propriety necessary to it. The art of delivery was rendered peculiarly important at Athens, by the extreme impatience and intractableness of the audiences. We see evidence of this in all the remains of the orator. Whole pages of the very prepossessing opening of Æschines, on the Embassy, are deprecatory of prejudice and unwillingness to hear argument. Many other examples might easily be cited. In this, as in every other excellence of his art, Demosthenes was without a rival; and his perfection here, too, must be described by the same epithets-he was natural and in earnest. His most formidable rival acknowledged this by describing him, as he does, as a magician or juggler in oratory, and as one whose passions are so much under his control that, when occasion demands it, he can cry more easily than others laugh. On this subject, Dionysius of Halicarnassus, in the essay already recited, after describing the effect of these orations upon him, adds, "If we, at such a vast distance of time, and no longer feeling any personal interest in the subjects, are so agitated, and controlled, and carried about in every direction by his eloquence, how must the Athenians and other Greeks have been led by the man then—when they were in the midst of the real struggle so vitally touching themselves, and he was delivering his own language with the dignity that belonged to him, and the courage of an elevated spirit, adorning and enforcing every thing with a suitable delivery, (of which, as all confess, and as is indeed evident from the very tone of his speeches,t) he was the greatest master.

Such was Demosthenes, the Man, the Statesman, and the Orator. If what we have written from impressions made upon us by a long and rather intimate conversation with the great original, should be found, as we flatter ourselves it will, to place some things in his history and character in a new or more striking light, to the general reader, we shall be most amply rewarded for the pains we have been put to in writing this article. In conclusion, we give it in as our experience, that the trouble (certainly not inconsiderable) of acquiring a competent knowledge of Greek for that purpose, is far more than compensated by the single privilege of reading Demosthenes.

The remarks we proposed making on the Epimetrum of M. Westermann, and Lord Brougham's admiration for the spurious speeches, are, for want of space, necessarily omitted here.

* Æsch. de Fals. Legat. 20 and 27, calls him yons, cont. Ctesiph. $ 71. 1 π. τ.λ. Δημοσθεν. δεινοσης. 22.

THE ORIGIN, HISTORY AND INFLUENCE OF

ROMAN LEGISLATION.

1. Lehrbuch eines civilistischen Cursus, vom Geheimen Justiz-Rath Ritter

Hugo, in Göttingen, Dritter Bandwelcher die Geschichte des Römischen
Rechts bis auf Justinian enthäll. Elfte, sehr veränderte Auflage. Ber-

lin: 1835. 2. Corpus Juris Civilis, ad fidem Manuscriptorum aliorumque subsidiorum criti

corum recensuit, commentario perpetuo instruxit EDUARDUS SCHRADER,
Jctus. In operis societatem accesserunt Theoph. Lucas. FRIDER, TAFEL,
Philolog. Gualth. FRIDER. Clossius. Jctus. Post hujus discessum, CARIS-
TOPH. Joh. C. Maier, Jcius. Tomus Primus, Institutionum Libri iv. Bero-

lini: MDCCCXXXII. 3. Gaii Institutionum Commentarii Quatuor, cura. Augusti Guil. HEFFTER.

Bonna: MDCCCXXX. 4. Commentaries on the conflict of Laws, Foreign and Domestic, in regard to

Contracts, Rights, and Remedies, and especially in regard to Marriages,
Divorces, Wills, Successions, and Judgments. By Joseph Story, LL. D.,

Dane Professor of Law in Harvard University. Boston: 1834. 5. Institutionum Juris Romani Privati Historico-Dogmaticarum Lineamenta,

observationibus maximè litterariis distincta in usum prælectionum denuo ad. umbravit et Legum Duodecim Tabularum nec non Edicti Prætoris atque Ædilitii sententias integras, etc., adjecit. D. Christ. GOTTLIEB HAUBOLD, antecessor, Lipsiensis. Post mortem auctoris edidit atque additamentis auxit D. Carolus Eduardus Otto, Professor Lipsiensis. Lipsia: 1826.

MR. HALLAM, in his "History of the Middle Ages, "* speaking of the civil law and its earlier professors in modern times, remarks, that he should earn little gratitude for his obscure diligence, were he to dwell on the forgotten teachers of a science that is likely soon to be forgotten.” As we do not affect to have done more ourselves than glance over the pages of the Corpus Juris Civilis Glossatum, and know (we confess it with shame) little more of those restorers of Roman jurisprudence than may be learned from Gravina or Terrasson, it is not for us to take up the glove for Azzo and Accursius, or to censure very severely the historian who omits their names in a general view of the progress of society. Yet Accursius has found in the first of elementary writers of the old schoolf a champion whose

* Chap. IX. P. II.

+ Heinecc. Hist. Jur., $ ccccxvii. He quotes and confirms the elaborate panegyric of Gravina de Ortu et Progr. Jur. Civ. $ CLV.

zeal is equalled only by his prowess, and one does not very readily conceive how the history of the human mind, in the middle ages, can be written without reference to a branch of study, which, in its double form of civil and canon law, did, during that period, more than all others put together, to shape and control the opinions of mankind. But when that writer goes on to speak of the schools of the sixteenth century, and even of the great Cujacius himself, as of those "whose names, or at least whose writings, are rapidly passing to the gulf that absorbed their predecessors”-and still more, when he gravely assures his reader, that "he stream of literature, which has so remarkably altered its channel within the last century, (he is writing some twenty years ago,) has left no region more deserted than that of the Civil Law," he must pardon us for doubting whether he is the best of all possible pilots in that stream, or has explored with any pains the particular channel, of which he speaks with such flippant, and, as it happens, erring dogmatism. We trust we are not insensible to the real claims of the author of the “Constitutional History of England,” to the grateful consideration of statesmen, as well as of scholars. That work, although far, in our judgment, from being perfectly satisfactory, is still a respectable one, and has, to a certain extent, filled a void in a most important department of knowledge. But the "History of the Middle Ages" is a compilation, as superficial as it is ambitious. That it should have attained to a certain degree of popularity and reputation is, in the present condition of English literature, unfortunately not to be wondered at. What does, however, we confess, seem to us a little suprising, is the extent of the ignorance-if extent can be predicated of such a negationdiscovered in this positive announcement of the end, actual or imminent, of all study of the civil law, by a contemporary of Hugo and Savigny, of Niebuhr and Eichhorn, of Dirksen, Schrader, Göschen, and a host of other names, scarcely less shining than these.

Our very rubric, if we stopped there, were itself a refutation. We could, for this reason, scarcely resist the tempting facility of extending it much farther. We had, for instance, at first added to it the other six volumes that make up the complete Civilistischer Cursus of Hugo, together with the new edition of the Jus Civile Anti-Justinianeum, including (what had been omitted by Schultingius) the whole Theodosian code, published at Berlin in 1815, by a society of Jurisconsults, with a preface and index, by that learned professor, and published after the discovery of Gaius, with additions and improvements, in 1922-3. Haubold's Lineamenta, one of the works placed at the head of this articles would have supplied us with materials for the same purpose, usque ad nauseam. The scheme of that work is to present, in

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