Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
On one occasion an advocate produced a girl alleged to be the sister of the opposing party (for it was on this point that the dispute turned) and led her across to the benches occupied by his opponents as though to leave her in the arms of her brother: I however had given tile brother timely warning and he had left his seat. The advocate, although as a rule an eloquent speaker, was struck dumb by the unexpected turn of events and took his little girl back again in the tamest possible manner.
There was another advocate who was defending a woman who thought to secure a great effect by producing the portrait of her husband, but sent the court into repeated peals of laughter. For the persons entrusted with the duty of handing in the portrait had no idea
We are also familiar with the story of what happened to Glycon, nicknamed Spiridion. He asked a boy whom he produced in court why he was crying; to which the boy replied, that his paedagogus was pinching him. But the most effective warning as to the perils which beset the peroration is the story told by Cicero [*](pro Cluent. xx.sqq. ep. Quint. VI. iii. 40. ) about the Caepasii.
But all these perils may be boldly faced by those who have no difficulty in changing their line of pleading. Those however who cannot get away from what they have written, are reduced to silence by such emergencies or else led into making false statements, as for instance if an advocate should say,
He stretches out suppliant hands to embrace your knees,or
The unhappy man is locked in the embrace of his children,or
See he recalls me to the point,although the person in question is doing none of these things.