Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
The task of the peroration is not however confined to exciting pity in the judges: it may also be required to dispel the pity which they feel, either by a set speech designed to recall them from their tears to a consideration of the justice of the case, or by a few witticisms such as,
Give the boy some bread to stop him crying,or the remark made by counsel to a corpulent client, whose opponent, a mere child, had been carried round the court by his advocate,
What am I to do? I can't carry you!
Such jests should not however descend to buffoonery. Consequently I cannot give my approval to the orator, although he was one of the most distinguished speakers of his day, who, when his opponent brought in some children to enhance the effect of his peroration, threw some dice among them, with the result that they began to scramble for them. For their childish ignorance of the perils with which
For the same reason I cannot commend the advocate who, when his opponent the accuser produced a bloodstained sword in court, fled suddenly from the benches as though in an agony of terror, and then, when his turn came to plead, peeped out of the crowd with his head half covered by his robe and asked whether the man with the sword had gone away. For though he caused a laugh, he made himself ridiculous.
Still, theatrical effects of the kind we are discussing can be dispelled by the power of eloquence. Cicero provides most admirable examples of the way in which this may be done both in the pro Rabirio [*](cp. Pro Rab. ix 24. ) where he attacks the production in court of the portrait of Saturninus in the most dignified language, and in the pro Vareno where he launches a number of witticisms against a youth whose wound had been unbound at intervals in the course of the trial.