Institutio Oratoria

For example, when a man is accused on a capital charge, and, above all, if he is defending himself before his conqueror or his sovereign, it would be quite intolerable for him to indulge in frequent metaphors, antique or newlycoined words, rhythms as far removed as possible from the practice of every-day speech, rounded periods, florid commonplaces and ornate reflexions. Would not all these devices destroy the impression of anxiety which should be created by a man in such peril, and rob him of the succour of pity, on which even the innocent are forced to rely?

Would any man be moved by the sad plight of one who revealed himself as a vainglorious boaster, and ostentatiously flaunted the airs and graces of his eloquence at a moment when his fate hung in suspense? Would he not rather hate the man who, despite his position as accused, hunted for fine words, showed himself concerned for his reputation as a clever speaker, and found time at such a moment to display his eloquence?

I consider that

I trust that none of you gentlemen, or of all those who have come to plead against me, will find offence in my mien or insolence in my voice, or, though that is a comparative trifle, any trace of arrogance in my gesture.

But there are some cases where the success of the pleader depends on apology, entreaties for mercy, or confession of error. Can sorrow be expressed in epigram? Or will enthymemes [*](A form of syllogism. See V xiv. 1.) or epiphonemata [*]( See VIII. v. 11. An exclamation attached to the close of a statement or a proof by way of climax. ) avail to win the judge's mercy? Will not all embellishment of pure emotion merely impair its force and dispel compassion by such a display of apparent unconcern?

Or, suppose that a father has to speak of his son's death, or of some wrong that is worse than death, will he, in making his statement of facts, seek to achieve that grace in exposition which is secured by purity and lucidity of language, and content himself with setting forth his case in due order with brevity and meaning? Or will he count over the heads of his argument upon his fingers, aim at niceties of division and proposition, and speak without the least energy of feeling as is usual in such portions of a speech?

Whither will his grief have fled while he is thus engaged? Where has the fountain of his tears been stayed? How came this callous attention to the rules of text-books to obtrude itself? Will he not rather, from his opening words to the very last he utters, maintain a continuous voice of lamentation and a mien of unvaried woe, if he desires to transplant his grief to the hearts of his audience? For if he once remits aught of his passion of grief, he

This is a point which declaimers, above all, must be careful to bear in mind: I mention this because I have no compunction in referring to a branch of the art which was once also my own, or in reverting to the consideration of the youthful students such as once were in my charge: the declaimer, I repeat, must bear this in mind, since in the schools we often feign emotions that affect us not as advocates, but as the actual sufferers.

For example, we even imagine cases where persons, either because of some overwhelming misfortune or repentance for some sin, demand from the senate the right to make an end of their lives; [*]( VII. iv. 39. It is said that poison was provided by the state of Massilia to serve the turn of such unhappy persons, so soon as they could convince the local senate that their proposed suicide was justifiable. ) and in these cases it is obviously unbecoming not merely to adopt a chanting intonation, [*](Cp. I. viii. 2. ) a fault which has also become almost universal, or to use extravagant language, but even to argue without an admixture of emotional appeal, so managed as to be even more prominent than the proof which is advanced. For the man who can lay aside his grief for a moment while he is pleading, seems capable even of laying it aside altogether

I am not sure, however, that it is not in our attitude towards our opponents that this care for decorum, which we are now discussing, should be most rigorously maintained. For there can be no doubt, that in all accusations our first aim should be to give the impression that it is only with the greatest reluctance that we have consented to undertake the role of accuser. Consequently, I strongly disapprove of such remarks as the following which was made by Cassius Severus: [*](Cp. x. i. 22. In 9 B.C. he accused Nonius Asprenas, a friend of Augustus, of the crime of poisoning. Asprenas was defended by Pollio, and supported by Augustus during his trial. )

Thank Heaven, I am still alive; and that I may find some savour in

v10-12 p.189

life, I see Asprenas arraigned for his crimes.

But, beside this consideration, which applies to all cases, there is the further point that certain cases demand special moderation. Therefore, a man who demands the appointment of a curator for his father's property, should express his grief at his father's affliction; and, however grave be the charges that a father may be going to bring against his son, he should emphasize the painful nature of the necessity that is imposed upon him. [*]( The imagined case would be as follows. The father disinherits the son for an alleged offence. The son accuses the father of madness and demands a curator, etc. ) And this he should do not merely in a few brief words, but his emotion should colour his whole speech, so that it may be felt not merely that he is speaking, but that he is speaking the truth.

Again, if a ward make allegations against his guardian, the latter must never give way to such anger that no trace is left of his former love or of a certain reverent regard for the memory of his opponent's father. I have already spoken, in the seventh book, I think, [*](VII. iv. 24.) of the way in which a case should be pleaded against a father who disinherits his son, or a wife who brings a charge of illtreatment against her husband, while the fourth book, [*](IV. i. 46.) in which I prescribed certain rules for the exordium, contains my instructions as to when it is becoming that the parties should speak themselves, and when they should employ an advocate to speak for them.