Institutio Oratoria

I am ready to go so far along the path of concession, but let no man press me further. I concur in the fashion of the day to the extent of agreeing that the toga should not be long in the nap, but not to the extent of insisting that it should be of silk: I agree that the hair should be cut, but not that it should be dressed in tiers and ringlets, since we must always remember that ornaments, unless they be judged from the standpoint of the fop and the debauchee, are always effective in proportion to their seemliness.

But with regard to those passages to which we give the name of reflexions, [*]( For this ever-recurring technical term there is no adequate translation. It means a reflexion coached in aphoristic or epigrammatic form. ) a form of ornament which was not employed by the ancients and, above all, not by the Greeks, although I do find it in Cicero, who can deny their usefulness, provided they are relevant to the case, are not too diffuse and contribute to our success? For they strike the mind and often produce a decisive effect by one single blow, while their very brevity makes them cling to the memory, and the pleasure which they produce has the force of persuasion.

There are, however, some who, while allowing the actual delivery of such specially brilliant forms of ornament, think that they should be excluded from the written speech. Consequently I must not dismiss even this topic without a word of discussion. For a number of learned authorities

and, further, that actual pleading is characterised by a greater energy and by the employment, almost verging on license, of every artifice designed to please, since the minds of an uneducated audience require to be moved and led. On the other hand, the written speech with is published as a model of style must be polished and filed and brought into conformity with the accepted rules and standards of artistic construction, since it will come into the hands of learned men and its art will be judged by artists.

These subtle teachers (for such they have persuaded themselves and others that they are) have laid it down that the παράδειγμα [*](Sec v. xi. 1. Parallels and especially historical ones.) is best suited for actual speech and the ἐνθύμημα [*]( See v. xiv. 1 sqq. A form of syllogism. ) for writing. My own view is that there is absolutely no difference between writing well and speaking well, and that a written speech is merely a record of one that has actually been delivered. Consequently it must in my opinion possess every kind of merit, and note that I say merit, not fault. For I know that faults do sometimes meet with the approval of the uneducated.

What, then, will be the difference between what is written and what is spoken? If I were given a jury of wise men, I should cut down a large number of passages from the speeches not only of Cicero, but even of Demosthenes, who is much more concise.

Since, however, our judges are the people, or drawn from the people, and since those who are appointed to give sentence are frequently ill-educated and sometimes mere rustics, it becomes necessary to employ every method that we think likely to assist our case, and these artifices must not merely be produced in speech, but exhibited in the written version as well, at least if in writing it our design is to show how it should be spoken.

If Demosthenes or Cicero had spoken the words as they wrote them, would either have spoken ill And is our acquaintance with either of those two great orators based on anything save their writings? Did they speak better, then, or worse than they wrote? If they spoke worse, all that can be said is that they should have spoken as they wrote, while, if they spoke better, they should have written as they spoke.

Well, you ask, is an orator then always to speak as he writes? If possible, always. If, however, the time allowed by the judge is too short for this to be possible, he will have to cut out much that he should have said, but the published speech will contain the omitted passages. On the other hand, such passages as were uttered merely to suit the character of the judges will not be published for the benefit of posterity, for fear that they should seem to indicate

For it is most important that we should know how the judge is disposed to listen, and his face will often (as Cicero [*](Not in any extant work.) reminds us) serve as a guide to the speaker. Consequently we must press the points that we see commend themselves to him, and draw back from those which are ill-received, while our actual language must be so modified that he will find our arguments as intelligible as possible. That this should be necessary is scarcely surprising, when we consider the alterations that are frequently necessary to suit the characters of the different witnesses.

He was a shrewd man who, when he asked a rustic witness whether he knew Amphion, and the witness replied that he did not, dropped the aspirate and shortened the second syllable, [*]( The witness did not recognise the name correctly pronounced Amphion, but recognised it when pronounced Amphion. ) whereupon the witness recognised him at once. Such situations, when it is impossible to speak as we write, will sometimes make it necessary to speak in language other than that which we use in writing.