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 it is a dog's eloquence, as Appius says, to undertake the task of abusing one's opponent, [*](A cognitor is one who represents another. The litigant may abuse his opponent, but that does not justify his advocate in doing so. ) and they who do so should steel themselves in advance to the prospect of being targets for like abuse themselves, since those who adopt this style of pleading are frequently attacked themselves, and there can at any rate be no doubt that the litigant pays dearly for the violence

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of his advocate. But such faults are less serious than that which lies deep in the soul itself, making the evil speaker to differ from the evil doer only in respect of opportunity.

It is not uncommon for the litigant to demand a base and inhuman gratification of his rancour, such as not a single man among the audience will approve, for it is on revenge rather than on protection that his heart is set. But in this, as in a number of other points, it is the duty of the orator to refuse to comply with his clients' desires. For how can a man with the least degree of gentlemanly feeling consent to make a brutal attack merely because another desires it?

And yet there are some who take pleasure in directing their onslaughts against their opponents' counsel as well, a practice which, unless they have deserved such attacks, shows an inhuman disregard of the duties incumbent on the profession, and is not merely useless to the speaker (since he thereby gives his opponent the right to reply in the same strain), but contrary to the interests of his case, since it creates a hosthe and antagonistic disposition in the advocates attacked, whose eloquence, however feeble it may be, will be redoubled by resentment at the insults to which they have been subjected.

Above all, it involves a complete waste of one of the most valuable of an orator's assets, namely that self-restraint which gives weight and credit to his words, if he debases himself from an honest man into a snarling wrangler, directing all his efforts not to win the goodwill of the judge, but to gratify his client's spite.

Often too the attractions of freedom of speech will lure him into a rashness of language perilous not merely to the interests of the case, but to those of the speaker

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himself. It was not without good reason that Pericles used to pray that no word might occur to his mind that could give offence to the people. But what he felt with regard to the people, I feel with regard to every audience, since they can cause just as much harm to the orator as the people could ever do to Pericles. For utterances which seemed courageous at the moment of speaking, are called foolish when it is found that they have given offence.

In view of the tact that there is commonly a great variety in the aims which pleaders set before themselves and that the diligence shown by some is branded as tedious caution, while the readiness of others is criticised as rashness, I think that this will be an appropriate place to set forth my views as to how the orator may strike the happy mean.

He will show all the diligence of which he is capable in his pleading. For to plead worse than he might have done, is not merely an indication of negligence, but stamps him as a had man and a traitor, disloyal to the cause which he has undertaken. Consequently he must refuse to undertake more cases than he feels he can manage.