Institutio Oratoria

Consequently when we come across denunciations such as that directed against Rullus for the obscurity of his language, [*](de Leq. Agr. II. v. 13. ) or against Piso for his utter incapacity as a speaker, [*](in Pis. i. 30, etc. ) or against Antony [*](Phil. ii. 4, iii, 4, xiii. 19, etc. ) for his lack of taste and his complete ignorance both of words and things, we shall give then our sanction as reasonable concessions to passion and just resentment, and as useful in stirring up hatred against those whom it is desired to render unpopular.

The method of reply to our opponent's counsel should be on different lines. Sometimes however we are justified in attacking, not merely their manner of speaking, but also their character, their appearance, their gait or bearing. Indeed, in his attack on Quintius, Cicero [*](pro Cluents xl. III. ) does not confine himself to these topics, but even attacks his purple-bordered toga that goes trailing to his heels: for Quintius had caused Cluentius grave

Sometimes, in order to dispel the unpopularity excited by bitter criticism, the latter may be disposed of by a jest, as for example Cicero disposes of Triarius. For to the allegation that the pillars destined for the house of Scaurus were carried on waggons through the city streets he replied, [*](pro Scauro xxii. 46. )

I got my pillars from the quarries of Alba, and had them brought in panniers!

On the other hand there is no objection to complaining of the conduct of the advocates on either side, so long as our complaint follows accepted practice and does not overstep the limits imposed by good manners; I refer to complaints such as that our opponents have abridged, obscured or postponed the discussion of some point, or with deliberate cunning have avoided discussing it at all.

A change in the tactics of defence is also often selected for censure. For example, Attius [*](pro Cluent. Iii. ) in his speech against Cluentius complains that Cicero insists on the letter of the law, and Aeschines [*]( Aesch. in Ctes. § 206. cp. also III. vi. 3. ) in his speech against Ctesiphon complains that Demosthenes refuses to consider the legal aspect of the case. It is however necessary to issue a special warning to declaimers that they should not put forward objections that can easily be met or assume that their opponent is a fool. As it is, owing to our tendency to think that the subject-matter of our speech may be drawn from our own fancy, florid commonplaces and epigrams designed to bring down the house occur to our minds with the utmost

1. A shrewd retort! Could it be otherwise?
2. A foolish question makes for smart replies.

Origin unknown.

But such a practice will be fatal in the courts, where we have to answer our opponent and not ourselves. It is said that Accius, when asked why he did not turn advocate in view of the extraordinary skill in making apt replies which his tragedies revealed, replied that in his plays the characters said what he himself wanted them to say, whereas in the courts his adversaries would probably say just what he least wanted them to say.