Institutio Oratoria

We may further lend charm to our speech by deferring the discussion of some points after just mentioning them, thus depositing them in the safe keeping of the judge's memory and afterwards reclaiming our deposit; or we may employ some figure to enable us to repeat certain points (for repetition is not in itself a figure) or may make especial mention of certain things and vary the aspect of our pleading. For eloquence delights in variety, and just as the eye is more strongly attracted by the sight of a number of different things, so oratory supplies a continuous series of novelties to rivet the attention of the mind.

Emphasis may be numbered among figures also, when some hidden meaning is extracted from some phrase, as in the following passage from Virgil:

1. Might I not have lived,
2. From wedlock free, a life without a stain,
3. Happy as beasts are happy?

Aen. iv. 550.

1. O mother, happy in thy spouse!

Met. x. 422.

Similar, if not identical with this figure is another, which is much in vogue at the present time. For I must now proceed to the discussion of a class of figure which is of the commonest occurrence and on which I think I shall be expected to make some comment. It is one whereby we excite some suspicion to indicate that our meaning is other than our words would seem to imply; but our meaning is not in this case contrary to that which we express, as is the case in ironq, but rather a hidden meaning which is left to the hearer to discover. As I have already pointed out, [*](IX. i. 14.) modern rhetoricians practically restrict the name of figure to this device, from the use of which figured controversial themes derive their name.

This class of figure may be employed under three conditions: first, if it is unsafe to speak openly; secondly, if it is unseemly to speak openly; and thirdly, when it is employed solely with a view to the elegance of what we say, and gives greater pleasure by reason of the novelty and variety thus introduced than if our meaning had been expressed in straightforward language.

The first of the three is of common occurrence in the schools, where we imagine conditions laid down by tyrants on abdication and decrees passed by the senate after a civil war, and it is a capital offence to accuse a person with what is past, what is not

And if the danger can be avoided by any ambiguity of expression, tile speaker's cunning will meet with universal approbation. On the other hand, the actual business of the courts has never yet involved such necessity for silence, though at times they require something not unlike it, which is much more embarrassing for the speaker, as, for example, when he is hampered by the existence of powerful personages, whom he must censure if he is to prove his case.

Consequently he must proceed with greater wariness and circumspection; since the actual manner in which offence is given is a matter of indifference, and if a figure is perfectly obvious, it ceases to be a figure. Therefore such devices are absolutely repudiated by some authorities, whether the meaning of the figure be intelligible or not. But it is possible to employ such figuress in moderation, the primary consideration being that they should not be too obvious. And this fault can be avoided, if the figre does not depend on the employment of words of doubtful or double meaning, such, for instance, as the words which occur in the theme of the suspected daughter-in-law: [*](i.e. suspected of an intrigue with her father-in-law. )

I married the wife who pleased my father.

It is important, too, that the figure should

Who dishonoured you?

My father, do you not know?

The facts themselves must be allowed to excite the suspicions of the judge, and we must clear away all other points, leaving nothing save what will suggest the truth. In doing this we shall find emotional appeals, hesitation and words broken by silences most effective. For thus the judge will be led to seek out the secret which he would not perhaps believe if he heard it openly stated, and to believe in that which he thinks he has found out for himself. But however excellent our figures,

they must not be too numerous. For overcrowding will make them obvious, and they will become ineffective without becoming inoffensive, while the fact that we make no open accusation will seem to be due not to modesty, but to lack of confidence in our own cause. In fact, we may sum up the position thus: our figures will have most effect upon the judge when he thinks that we use them with reluctance.

I myself have come across persons whom it was impossible to convince by other means: I have even come across a much rarer thing, namely, a case which could only be proved by recourse to such devices. I was defending a woman who was alleged to have forged her husband's will, and the heirs were stated to have given a bond [*]( The bond was to the effect that they would make over the property to the wife; the existence of such a bond proved the wife innocent, since it was a virtual confirmation of the will, of which it showed the husband to have cognisance. But the bond was not valid in the eye of the law and such tacita fideicommissa were illegal, since the wife could not inherit; consequently the admission of the existence of the bond would have involved the loss of the inheritance, which on information being laid (cp. delatores ) would have lapsed to the state. Caput is the civil status of the wife. With regard to dicebantur, the writing is careless, as it suggests that the statement was made by the prosecution, which was, of course, not the case. ) to the husband on his deathbed, which latter assertion was true.

For since the wife could not legally be appointed

Some things, again, which cannot be proved, may, on the other hand, be suggested by the employment of some figure. For at times such hidden shafts will stick, and the fact that they are not noticed will prevent their being drawn out, whereas if the same point were stated openly, it would be denied by our opponents and would have to be proved.

When, however, it is respect for some person that hampers us (which I mentioned as the second condition [*](See § 66.) under which such figures may be used), all the greater caution is required because the sense of shame is a stronger deterrent to all good men than fear. In such cases the judge must be impressed with the fact that we are hiding what we know and keeping back the words which our natural impulse to speak out the truth would cause to burst from our lips. For those against whom we are speaking, together with the judges and our audience, would

And what difference does it make how we express ourselves, when both the facts and our feelings are clearly understood? And what good shall we do by expressing ourselves thus except to make it clear that we are doing what we ourselves know ought not to be done? And yet in the days when I first began to teach rhetoric, this failing was only too common. For declaimers selected by preference those themes which attracted them by their apparent difficulty, although as a matter of fact they were much easier than many others.