Institutio Oratoria

On the other hand you will find no one so unreasonable or so foolish as to deny that the partition in the pro Murena [*](v. 11.) is admirable.

I understand, gentlemen, that the accusation falls into three parts, the first aspersing my client's character, the second dealing with his candidature for the magistracy, and the third with charges of bribery.

There are also a number who are in doubt as to a form of defence which I may exemplify as follows:

If I murdered him, I did right; but I did not murder him.

But if we have any doubts as to being able to prove the stronger argument, we shall do well to rely on both. Different arguments move different people. He who thinks that the act was committed may regard it as a just act, while he who is deaf to the plea that the act was just may perhaps believe that it was never committed: one who is confident of his powers as a marksman may be content with one shaft, whereas he who has no such confidence will do well to launch several and give fortune a chance to come to his assistance.

Cicero in the pro Milone reveals the utmost skill in showing first that Clodius laid an ambush for Milo and then in adding as a supernumerary argument that, even if he had not done so, he was nevertheless so bad a citizen that his slaying could only have done credit to the patriotism of the slayer and redounded to his glory.

I would not however entirely condemn the order mentioned above, [*](§ 13.) since there are certain arguments which, though hard in themselves, may serve to soften those which come after. The proverb,

If you want to get your due, you must ask for something more,