Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

For all these mannerisms impair the force of our speaking, chill the effect of emotional appeals and make the judge think that he is not being treated with sufficient respect. To cross over to the seats of our opponents borders on impudence, and Cassius Severus showed a neat turn of wit when he demanded that a barrier might be erected between himself and an opponent who behaved in this fashion. Moreover, though to advance towards our opponent may at times produce an impression of passionate energy, the return to our former position will always prove correspondingly tame.

Many of the rules which I have given will require modification by those who have to plead before judges seated on a dais. [*]( Astonish (in a note on the Divination of Cicero) explains that in minor cases tried by tribuni, triumviri, quaestores and other minor officils, the judges sat on ordinary benches, not on a raised tribuat. ) For in such

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cases the face must be raised somewhat higher, so that the speaker's eyes may be fixed on the president of the court: for the same reason his gestures must also be carried a little higher, while there are other details which will readily occur to my reader without any mention from me. Similar modifications will be likewise necessary for those who plead sitting. [*](Cp. XI. i. 44, which shows that the cases in question are those submitted to arbitration. ) For this is done, as a rule, only in cases of minor importance, where delivery will necessarily be more restrained, and certain defects are inevitable.