Institutio Oratoria

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.

It will be readily admitted by everyone that words may be becoming or offensive in themselves. There is therefore a further point, which presents the most serious difficulty, that requires notice in

What at first sight can be more unpleasing and what more revolting to the ears of men than a case in which a son or his advocate has to speak against his mother? And yet sometimes it is absolutely necessary, as, for example, in the case of Cluentius Habitus. [*]( See pro Clu. lxi. 169 sqq. Sasia was Cluentius' mother ) But it is not always desirable to employ the method adopted by Cicero against Sasia, not because he did not make most admirable use of it, but because in such cases it makes the greatest difference what the point may be and what the manner in which the mother seeks to injure her son.