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Institutio Oratoria (Quintilian)
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Institutio Oratoria

Author: Quintilian
Translator: Harold Edgeworth Butler
913
Sed
de
singulis
dicemus
quaestionibus
,
cum
tractare
praecepta
divisionis
coeperimus
.
Hoc
inter
omnes
convenit
,
in
causis
simplicibus
singulos
status
esse
causarum
,
quaestionum
autem
,
quae
velut
subiacent
his
et
ad
illud
,
quo
iudicium
continetur
,
referuntur
,
saepe
in
unam
cadere
plures
posse
;
But I will speak of individual questions when I come to handle the rules for division. This much is agreed to by all writers, that one cause possesses one basis, but that as regards secondary questions related to the main issue of the trial, there may frequently be a number in one single cause.
914
etiam
credo
aliquando
dubitari
,
quo
statu
sit
utendum
,
cum
adversus
unam
intentionem
plura
opponuntur
;
et
sicut
in
colore
dicitur
narrationis
,
eum
esse
optimum
,
quem
actor
optime
tueatur
,
ita
hic
quoque
posse
dici
,
eum
statum
esse
faciendum
,
in
quo
tuendo
plurimum
adhibere
virium
possit
orator
;
I also think there is at times some doubt as to which basis should be adopted, when many different lines of defence are brought to meet a single charge; and, just as in regard to the complexion to be given to the statement of the facts of the case, that complexion is said to be the best which the speaker can best maintain, so in the present connexion I may say that the best basis to choose is that which will permit the orator to develop a maximum of force.
915
ideoque
pro
Milone
aliud
Ciceroni
agenti
placuit
aliud
Bruto
,
cum
exercitationis
gratia
componeret
orationem
,
cum
ille
iure
tanquam
insidiatorem
occisum
et
tamen
non
Milonis
consilio
dixerit
,
ille
etiam
gloriatus
sit
occiso
malo
cive
:
It is for this reason that we find Cicero and Brutus taking up different lines in defence of Milo. Cicero says that Clodius was justifiably killed because he sought to waylay Milo, but that Milo had not designed to kill him; while Brutus, who wrote his speech merely as a rhetorical exercise, also exults that Milo has killed a bad citizen.
916
in
coniunctis
vero
posse
duos
et
tris
inveniri
vel
diversos
,
ut
si
quis
aliud
se
non
fecisse
,
aliud
recte
fecisse
defendat
,
vel
generis
eiusdem
,
ut
si
quis
duo
crimina
neget
.
In complicated causes, however, two or three bases may be found, or different bases: for instance a man may plead that he did not do one thing, and that he was justified in doing another, or to take another similar class of case, a man may deny two of the charges.
917
Quod
accidit
etiam
,
si
de
una
re
quaeratur
aliqua
sed
eam
plures
petant
,
vel
eodem
iure
ut
proximitatis
vel
diverso
,
ut
cum
hic
testamento
,
ille
proximitate
nitetur
.
Quotiens
autem
aliud
alii
petitori
opponitur
,
dissimiles
esse
status
necesse
est
,
ut
in
illa
controversia
:
The same thing occurs when there is a question about some one thing which is claimed by a number of persons, who may all of them rely on the same kind of plea (for instance, on the right of the next of kin), or may put in different claims, one urging that the property was left him by will, another that he is next of kin. Now whenever a different defence has to be made against different claimants, there must be different bases, as for example the well-known controversial theme:
918
Testamenta
legibus
facta
rata
sint
.
Intestatorum
parentium
liberi
heredes
sint
.
Abdicatus
ne
quid
de
bonis
patris
capiat
.
Nothus
ante
legitimum
natus
legitimus
filius
sit
,
post
legitimum
nanus
tantum
civis
.
In
adoptionem
dare
liceat
.
In
adoptionem
dato
redire
in
familiam
liceat
,
si
paler
naturalis
sine
liberis
decesserit
.
" Wills that are made in accordance with law shall be valid. When parents die intestate, their children shall be the heirs. A disinherited son shall receive none of his father's property. A bastard, if born before a legitimate son, shall be treated as legitimate, but if born after a legitimate son shall be treated merely as a citizen. It shall be lawful to give a son in adoption. Every son given in adoption shall have the right to re-enter his own family if his natural father has died childless.
919
Qui
ex
duobus
legitimis
alterum
in
adoptionem
dederat
,
alterum
abdicaverat
,
sustulit
nothum
;
institute
herede
abdicato
decessit
.
Tres
omnes
de
bonis
contendunt
.
Nothum
,
qui
non
sit
legitimus
,
Graeci
vocant
;
Latinum
rei
nomen
,
ut
Cato
quoque
in
oratione
quadam
testatus
est
,
non
habemus
ideoque
utimur
peregrino
.
Sed
ad
propositum
.
A father of two legitimate sons gave one in adoption, disinherited the other, and acknowledged a bastard, who was born to him later. Finally after making the disinherited son his heir he died. All three sons lay claim to the property. " Nothbus is the Greek word for a bastard; Latin, as Cato emphasized in one of his speeches, has no word of its own and therefore borrows the foreign term. But I am straying from the point.
920
Heredi
scripto
opponitur
lex
,
Abdicatus
ne
quid
de
bonis
patris
capiat
;
fit
status
scripti
et
voluntatis
,
an
ullo
modo
capere
possit
,
an
ex
voluntate
patris
,
an
heres
scriptus
.
Notho
duplex
fit
quaestio
,
quod
post
legitimos
natus
sit
et
quod
non
sit
ante
legitimum
natus
.
The son who was made heir by the will finds his way barred by the law "A disinherited son shall receive none of his father's property." The basis is one resting on the letter of the law and intention, and the problem is whether he can inherit by any means at all? can he do so in accordance with the intention of his father? or in virtue of the fact that he was made heir by the will? The problem confronting the bastard is twofold, since he was born after the two legitimate sons and was not born before a legitimate son.
921
Prior
syllogismon
habet
,
an
pro
non
natis
sint
habendi
,
qui
a
familia
sunt
alienati
.
Altera
et
scripti
et
voluntatis
.
Non
esse
enim
hunc
natum
ante
legitimum
convenit
,
sed
voluntate
legis
se
tuebitur
,
quam
dicet
talem
fuisse
,
ut
legitimus
esset
nothus
tum
natus
,
cum
alius
legitimus
in
domo
non
esset
.
The first problem involves a syllogism: are those sons who have been cast out from their own family to be regarded as though they had never been born? The second is concerned with the letter of the law and intention. For it is admitted that he was not born before any legitimate son, but he will defend his claim by appealing to the intention of the law, which he will maintain to imply that the bastard, born when there was no legitimate son in the family, should rank as legitimate.
922
Scriptum
quoque
legis
excludet
dicens
,
non
utique
,
si
postea
legitimus
natus
non
sit
,
notho
nocere
;
uteturque
hoc
argumento
:
Finge
solum
natum
nothum
,
cuius
condicionis
erit
?
Tantum
civis
?
atqui
non
erit
post
legitimum
natus
.
An
filius
?
atqui
non
erit
ante
legitimos
natus
.
Quare
si
verbis
legis
stari
non
potest
,
voluntate
standum
est
.
He will dismiss the letter of the law, pointing out that in any case the position of a bastard is not prejudiced by the fact that no legitimate son was born after him, and arguing as follows:— " Suppose that the only son is a bastard, what will his position be? Merely that of a citizen? and yet he was not born after any legitimate son. Or will he rank as a son in all respects? But he was not born before the legitimate sons. As it is impossible to stand by the letter of the law we must stand by its intentions. "
923
Nec
quemquam
turbet
,
quod
ex
una
lege
duo
status
fiant
;
duplex
est
,
ita
vim
duarum
habet
Redire
in
familiam
volenti
dicitur
ab
altero
primum
,
Ut
tibi
redire
liceat
,
heres
sum
.
Idem
status
,
qui
in
petitione
abdicati
;
quaeritur
enim
,
an
possit
esse
heres
abdicatus
.
It need disturb no one that one law should originate two bases. The law is twofold, and therefore has the force of two laws. To the son who desires to re-enter the family, the disinherited's first reply is, "Even though you are allowed to re-enter the family, I am still the heir." The basis will be the same as in the claim put forward by the disinherited son, since the question at issue is whether a disinherited son can inherit.
924
Obiicitur
communiter
a
duobus
,
Redire
tibi
in
familiam
non
licet
,
non
enim
pater
sine
liberis
decessit
.
Sed
in
hoc
propria
quisque
eorum
quaestione
nitetur
.
Alter
enim
dicet
abdicatum
quoque
inter
liberos
esse
,
et
argumentum
ducet
ex
ipsa
,
qua
repellitur
,
lege
;
supervacuum
enim
fuisse
prohiberi
patris
bonis
abdicatum
,
si
esset
numero
alienorum
;
Nunc
quia
filii
iure
futurus
fuerit
intestati
heres
,
oppositam
esse
legem
,
quae
tamen
non
id
efficiat
,
ne
filius
sit
,
sed
ne
heres
sit
.
Status
finitivus
,
quid
sit
filius
.
Both the disinherited and the bastard will object, "You cannot re-enter the family, for our father did not die childless." But in this connexion each will rely on his own particular question. For the disinherited son will say that even a disinherited man does not cease to be a son, and will derive an argument from that very law which denies his claim to the inheritance; namely that it was unnecessary for a disinherited son to be excluded from possession of his father's property if he had ceased to be one of the family; but now, since in virtue of his rights as son he would have been his father's heir if he had died intestate, the law is brought to bar his claim; and yet the law does not deprive him of his position as son, but only of his position as heir. Here the basis is definitive, as turning on the definition of a son.
925
Rursus
nothus
eisdem
colligit
argumentis
,
non
sine
liberis
patrem
decessisse
,
quibus
in
petitione
usus
est
,
ut
probaret
esse
se
filium
.
Nisi
forte
et
hic
finitionem
movet
,
an
liberi
sint
etiam
non
legitimi
.
Cadent
ergo
in
unam
controversiam
vel
specialiter
duo
legitimi
status
scripti
et
voluntatis
et
syllogismos
et
praeterea
finitio
,
vel
tres
illi
,
qui
natura
soli
sunt
,
coniectura
in
scripto
et
voluntate
,
qualitas
in
syllogismo
,
et
,
quae
per
se
est
aperta
,
finitio
.
Again the bastard in his turn will urge that his father did not die childless, employing the same arguments that he had used in putting forward his claim that he ranked as a son; unless indeed he too has recourse to definition, and raises the question whether even bastards are not sons. Thus in one case we shall have either two special legal bases, namely the letter of the law and intention, with the syllogism and also definition, or those three which are really the only bases strictly so called, conjecture as regards the letter of the law and intention, quality in the syllogism, and definition, which needs no explanation.
926
Causa
quoque
et
iudicatio
et
continens
est
in
omni
genere
causarum
.
Nihil
enim
dicitur
,
cui
non
insit
ratio
et
quo
iudicium
referatur
et
quod
rem
maxime
continent
.
Sed
quia
magis
haec
variantur
in
litibus
et
fere
tradita
sunt
ab
iis
,
qui
de
iudicialibus
causis
aliqua
composuerunt
,
in
illam
partem
differantur
.
Nunc
,
quia
in
tria
genera
causas
divisi
,
ordinem
sequar
.
Further every kind of case will contain a cause, a point for the decision of the judge, and a central argument. For nothing can be said which does not contain a reason, something to which the decision of the judge is directed, and finally something which, more than aught else, contains the substance of the matter at issue. But as these vary in different cases and are as a rule explained by writers on judicial causes, I will postpone them to the appropriate portion of my work. For the present I shall follow the order which I prescribed by my division of causes into three classes.
927
Ac
potissimum
incipiam
ab
ea
,
quae
constat
laude
ac
vituperatione
.
Quod
genus
videtur
Aristoteles
atque
eum
secutus
Theophrastus
a
parte
negotiali
,
hoc
est
πραγματικῇ
removisse
totamque
ad
solos
auditores
relegasse
,
et
id
eius
nominis
,
quod
ab
ostentatione
ducitur
,
proprium
est
.
VII. I will begin with the class of causes which are concerned with praise and blame. This class appears to have been entirely divorced by Aristotle, and following him by Theophrastus, from the practical side of oratory (which they call πραγματικῇ, ) and to have been reserved solely for the delectation of audiences, which indeed is shown to be its peculiar function by its name, which implies display.
928
Sed
mos
Romanus
etiam
negotiis
hoc
munus
inseruit
.
Nam
et
funebres
laudationes
pendent
frequenter
ex
aliquo
publico
officio
atque
ex
senatus
consulto
magistratibus
saepe
mandantur
,
et
laudare
testem
vel
contra
pertinet
ad
momentum
iudiciorum
,
et
ipsis
etiam
reis
dare
laudatores
licet
,
et
editi
in
Competitores
,
in
L
.
Pisonem
,
in
Clodium
et
Curionem
libri
vituperationem
continent
et
tamen
in
Senatu
loco
sunt
habiti
sententiae
.
Roman usage on the other hand has given it a place in the practical tasks of life. For funeral orations are often imposed as a duty on persons holding public office, or entrusted to magistrates by decree of the senate. Again the award of praise or blame to a witness may carry weight in the courts, while it is also a recognised practice to produce persons to praise the character of the accused. Further the published speeches of Cicero directed against his rivals in the election to the consulship, and against Lucius Piso, Clodius and Curio, are full of denunciation, and were notwithstanding delivered in the senate as formal expressions of opinion in the course of debate.
929
Neque
infitias
eo
,
quasdam
esse
ex
hoc
genere
materias
ad
solam
compositas
ostentationem
,
ut
laudes
deorum
virorumque
,
quos
priora
tempora
tulerunt
.
Quo
solvitur
quaestio
supra
tractata
,
manifestumque
est
errare
eos
,
qui
nunquam
oratorem
dicturum
nisi
de
re
dubia
putaverunt
.
I do not deny that some compositions of this kind are composed solely with a view to display, as, for instance, panegyrics of gods and heroes of the past, a consideration which provides the solution of a question which I discussed a little while back, and proves that those are wrong who hold that an orator will never speak on a subject unless it involves some problem.
930
An
laudes
Capitolini
Iovis
,
perpetua
sacri
certaminis
materia
,
vel
dubiae
sunt
vel
non
oratorio
genere
tractantur
?
Ut
desiderat
autem
laus
,
quae
negotiis
adhibetur
,
probationem
,
sic
etiam
illa
,
quae
ostentationi
componitur
,
habet
interim
aliquam
speciem
probationis
;
But what problem is involved by the praise of Jupiter Capitolinus, a stock theme of the sacred Capitoline contest, which is undoubtedly treated in regular rhetorical form? However, just as panegyric applied to practical matters requires proof, so too a certain semblance of proof is at times required by speeches composed entirely for display.
931
ut
qui
Romulum
Martis
filium
educatumque
a
lupa
dicat
,
in
argumentum
caelestis
ortus
utatur
his
,
quod
abiectus
in
profluentem
non
potuerit
exstingui
,
quod
omnia
sic
egerit
,
ut
genitum
praeside
bellorum
deo
incredibile
non
esset
,
quod
ipsum
quoque
caelo
receptum
temporis
eius
homines
non
dubitaverint
.
For instance, a speaker who tells how Romulus was the son of Mars and reared by the she-wolf, will offer as proofs of his divine origin the facts that when thrown into a running stream he escaped drowning, that all his achievements were such as to make it credible that he was the offspring of the god of battles, and that his contemporaries unquestionably believed that he was translated to heaven.
932
Quaedam
vero
etiam
in
defensionis
speciem
cadent
,
ut
si
in
laude
Herculis
permutatum
cum
regina
Lydiae
habitum
et
imperata
,
ut
traditur
,
pensa
orator
excuset
.
Sed
proprium
laudis
est
res
amplificare
et
ornare
.
Quae
materia
praecipue
quidem
in
deos
et
homines
cadit
,
est
tamen
et
aliorum
animalium
,
etiam
carentium
anima
.
Some arguments will even wear a certain semblance of defence: for example, if the orator is speaking in praise of Hercules, he will find excuses for his hero having changed raiment with the Queen of Lydia and submitted to the tasks which legend tells us she imposed upon him. The proper function however of panegyric is to amplify and embellish its themes. This form of oratory is directed in the main to the praise of gods and men, but may occasionally be applied to the praise of animals or even of inanimate objects.
933
Verum
in
deis
generaliter
primum
maiestatem
ipsius
eorum
naturae
venerabimur
,
deinde
proprie
vim
cuiusque
et
inventa
,
quae
utile
aliquid
hominibus
attulerint
.
In praising the gods our first step will be to express our veneration of the majesty of their nature in general terms. next we shall proceed to praise the special power of the individual god and the discoveries whereby he has benefited the human race.
934
Vis
ostenditur
,
ut
in
Iove
regendorum
omnium
,
in
Marte
belli
,
in
Neptuno
maris
;
inventa
,
ut
artium
in
Minerva
,
Mercurio
litterarum
,
medicinae
Apolline
,
Cerere
frugum
,
Libero
vini
.
Tum
si
qua
ab
iis
acta
vetustas
tradidit
,
commemoranda
.
Addunt
etiam
dis
honorem
parentes
,
ut
si
quis
sit
filius
Iovis
;
addit
antiquitas
,
ut
iis
,
qui
sunt
ex
Chao
;
progenies
quoque
,
ut
Apollo
ac
Diana
Latonae
.
For example, in the case of Jupiter, we shall extol his power as manifested in the governance of all things, with Mars we shall praise his power in war, with Neptune his power over the sea; as regards inventions we shall celebrate Minerva's discovery of the arts, Mercury's discovery of letters, Apollo's of medicine, Ceres' of the fruits of the earth, Bacchus' of wine. Next we must record their exploits as handed down from antiquity. Even gods may derive honour from their descent, as for instance is the case with the sons of Jupiter, or from their antiquity, as in the case of the children of Chaos, or from their offspring, as in the case of Latona, the mother of Apollo and Diana.
935
Laudandum
in
quibusdam
quod
geniti
immortales
,
quibusdam
quod
immortalitatem
virtute
sint
consecuti
;
quod
pietas
principis
nostri
praesentium
quoque
temporum
decus
fecit
.
Magis
est
varia
laus
hominum
.
Some again may be praised because they were born immortal, others because they won immortality by their valour, a theme which the piety of our sovereign has made the glory even of these present times.
936
Nam
primum
dividitur
in
tempora
,
quodque
ante
eos
fuit
quoque
ipsi
vixerunt
;
in
iis
autem
,
qui
fato
sunt
functi
,
etiam
quod
est
insecutum
.
Ante
hominem
patria
ac
parentes
maioresque
erunt
,
quorum
duplex
tractatus
est
:
aut
enim
respondisse
nobilitati
pulchrum
erit
aut
humilius
genus
illustrasse
factis
.
There is greater variety required in the praise of men. In the first place there is a distinction to be made as regards time between the period in which the objects of our praise lived and the time preceding their birth; and further, in the case of the dead, we must also distinguish the period following their death. With regard to things preceding a man's birth, there are his country, his parents and his ancestors, a theme which may be handled in two ways. For either it will be creditable to the objects of our praise not to have fallen short of the fair fame of their country and of their sires or to have ennobled a humble origin by the glory of their achievements.
937
Illa
quoque
interim
ex
eo
,
quod
ante
ipsum
fuit
,
tempore
trahentur
,
quae
responsis
vel
auguriis
futuram
claritatem
promiserint
,
ut
eum
,
qui
ex
Thetide
natus
esset
,
maiorem
patre
suo
futurum
cecinisse
dicuntur
oracula
.
Other topics to be drawn from the period preceding their birth will have reference to omens or prophecies foretelling their future greatness, such as the oracle which is said to have foretold that the son of Thetis would be greater than his father.
938
Ipsius
vero
laus
hominis
ex
animo
et
corpore
et
extra
positis
peti
debet
.
Et
corporis
quidem
fortuitorumque
cum
levior
,
tum
non
uno
modo
tractanda
est
.
Nam
et
pulchritudinem
interim
roburque
prosequimur
honore
verborum
,
ut
Homerus
in
Agamemnone
atque
Achille
,
et
interim
confert
admirationi
multum
etiam
infirmitas
,
ut
cum
idem
Tydea
parvum
sed
bellatorem
dicit
fuisse
.
of the individual himself will be based on his character, his physical endowments and external circumstances. Physical and accidental advantages provide a comparatively unimportant theme, which requires variety of treatment. At times for instance we extol beauty and strength in honorific terms, as Homer does in the case of Agamemnon and Achilles ; at times again weakness may contribute largely to our admiration, as when Homer says that Tydeus was small of stature but a good fighter.
939
Fortuna
vero
tum
dignitatem
adfert
,
ut
in
regibus
principibusque
(
namque
est
haec
materia
ostendendae
virtutis
uberior
) ,
tum
quo
minores
opes
fuerunt
,
maiorem
bene
factis
gloriam
parit
.
Sed
omnia
,
quae
extra
nos
bona
sunt
quaeque
hominibus
forte
obtigerunt
,
non
ideo
laudantur
,
quod
habuerit
quis
ea
,
sed
quod
iis
honeste
sit
usus
.
Fortune too may confer dignity as in the case of kings and princes (for they have a fairer field for the display of their excellences) but on the other hand the glory of good deeds may be enhanced by the smallness of their resources. Moreover the praise awarded to external and accidental advantages is given, not to their possession, but to their honourable employment.
940
Nam
divitiae
et
potentia
et
gratia
,
cum
plurimum
virium
dent
,
in
utramque
partem
certissimum
faciunt
morum
experimentum
,
aut
enim
meliores
sumus
propter
haec
aut
peiores
.
Animi
semper
vera
laus
,
sed
non
una
per
hoc
opus
via
ducitur
.
For wealth and power and influence, since they are the sources of strength, are the surest test of character for good or evil; they make us better or they make us worse.
941
Namque
alias
aetatis
gradus
gestarumque
rerum
ordinem
sequi
speciosius
fuit
,
ut
in
primis
annis
laudaretur
indoles
,
tum
disciplinae
,
post
hoc
operum
id
est
factorum
dictorumque
contextus
;
alias
in
species
virtutum
dividere
laudem
,
fortitudinis
,
iustitiae
,
continentiae
ceterarumque
,
ac
singulis
adsignare
,
quae
secundum
quamque
earum
gesta
erunt
.
Praise awarded to character is always just, but may be given in various ways. It has sometimes proved the more effective course to trace a man's life and deeds in due chronological order, praising his natural gifts as a child, then his progress at school, and finally the whole course of his life, including words as well as deeds. At times on the other hand it is well to divide our praises, dealing separately with the various virtues, fortitude, justice, self-control and the rest of them and to assign to each virtue the deeds performed under its influence.
942
Utra
sit
autem
harum
via
utilior
,
cum
materia
deliberabimus
,
dum
sciamus
gratiora
esse
audientibus
,
quae
solus
quis
aut
primus
aut
certe
cum
paucis
fecisse
dicetur
,
si
quid
praeterea
supra
spem
aut
exspectationem
,
praecipue
quod
aliena
potius
causa
quam
sua
.
We shall have to decide which of these two methods will be the more serviceable, according to the nature of the subject; but we must bear in mind the fact that what most pleases an audience is the celebration of deeds which our hero was the first or only man or at any rate one of the very few to perform: and to these we must add any other achievements which surpassed hope or expectation, emphasising what was done for the sake of others rather than what he performed on his own behalf.
943
Tempus
,
quod
finem
hominis
insequitur
,
non
semper
tractare
contingit
;
non
solum
quod
viventes
aliquando
laudamus
,
sed
quod
rara
haec
occasio
est
,
ut
referri
possint
divini
honores
et
decreta
et
publice
statuae
constitutae
.
It is not always possible to deal with the time subsequent to our hero's death: this is due not merely to the fact that we sometimes praise him, while still alive, but also that there are but few occasions when we have a chance to celebrate the award of divine honours, posthumous votes of thanks, or statues erected at the public expense.
944
Inter
quae
numeraverim
ingeniorum
monumenta
,
quae
saeculis
probarentur
.
Nam
quidam
,
sicut
Menander
,
iustiora
posterorum
quam
suae
aetatis
iudicia
sunt
consecuti
.
Adferunt
laudem
liberi
parentibus
,
urbes
conditoribus
,
leges
latoribus
,
artes
inventoribus
nec
non
instituta
quoque
auctoribus
,
ut
a
Numa
traditum
deos
colere
,
a
Publicola
fasces
populo
summittere
.
Among such themes of panegyric I would mention monuments of genius that have stood the test of time. For some great men like Menander have received ampler justice from the verdict of posterity than from that of their own age. Children reflect glory on their parents, cities on their founders, laws on those who made them, arts on their inventors and institutions on those that first introduced them; for instance Numa first laid down rules for the worship of the gods, and Publicola first ordered that the lictors' rods should be lowered in salutation to the people.
945
Qui
omnis
etiam
in
vituperatione
ordo
constabit
,
tantum
in
diversum
.
Nam
et
turpitudo
generis
opprobrio
multis
fuit
,
et
quosdam
claritas
ipsa
notiores
circa
vitia
et
invisos
magis
fecit
,
et
in
quibusdam
,
ut
in
Paride
traditum
est
,
praedicta
pernicies
,
et
corporis
ac
fortunae
quibusdam
mala
contemptum
,
sicut
Thersitae
atque
Iro
,
quibusdam
bona
vitiis
corrupta
odium
attulerunt
,
ut
Nirea
imbellem
,
Plisthenen
impudicum
a
poetis
accepimus
.
The same method will be applied to denunciations as well, but with a view to opposite effects. For humble origin has been a reproach to many, while in some cases distinction has merely served to increase the notoriety and unpopularity of vices. In regard to some persons, as in the story of Paris, it has been predicted that they would be the cause of destruction to many, some like Thersites and Irus have been despised for their poverty and mean appearance, others have been loathed because their natural advantages were nullified by their vices: the poets for instance tell us that Nireus was a coward and Pleisthenes a debauchee.
946
Et
animo
totidem
vitia
,
quot
virtutes
sunt
,
nec
minus
quam
in
laudibus
duplici
ratione
tractantur
.
Et
post
mortem
adiecta
quibusdam
ignominia
est
,
ut
Maelio
,
cuius
domus
solo
aequata
,
Marcoque
Manlio
,
cuius
praenomen
e
familia
in
posterum
exemptum
est
;
The mind too has as many vices as virtues, and vice may be denounced, as virtue may be praised, in two different ways. Some have been branded with infamy after death like Maelius, whose house was levelled with the ground, or Marcus Manlius, whose first name was banished from his family for all generations to come.
947
et
parentes
malorum
odimus
;
et
est
conditoribus
urbium
infame
contraxisse
aliquam
perniciosam
ceteris
gentem
,
qualis
est
primus
Iudaicae
superstitionis
auctor
;
et
Gracchorum
leges
invisae
;
et
si
quod
est
exemplum
deforme
posteris
traditum
,
quale
libidinis
vir
Perses
in
muliere
Samia
instituere
ausus
dicitur
primus
.
The vices of the children bring hatred on their parents; founders of cities are detested for concentrating a race which is a curse to others, as for example the founder of the Jewish superstition; the laws of Gracchus are hated, and we abhor any loathsome example of vice that has been handed down to posterity, such as the criminal form of lust which a Persian is said to have been the first to practise on a woman of Samos.
948
Sed
in
viventibus
quoque
iudicia
hominum
velut
argumenta
sunt
morum
,
et
honos
aut
ignominia
veram
esse
laudem
vel
vituperationem
probat
.
And even in the case of the living the judgment of mankind serves as a proof of their character, and the fairness or foulness of their fame proves the orator's praise or blame to be true.
949
Interesse
tamen
Aristoteles
putat
,
ubi
quidque
laudetur
aut
vituperetur
.
Nam
plurimum
refert
,
qui
sint
audientium
mores
,
quae
publice
recepta
persuasio
,
ut
illa
maxime
quae
probant
esse
in
eo
,
qui
laudabitur
,
credant
,
aut
in
eo
,
contra
quem
dicemus
,
ea
quae
oderunt
.
Ita
non
dubium
erit
iudicium
,
quod
orationem
praecesserit
.
Aristotle however thinks that the place and subject of panegyrics or denunciations make a very considerable difference. For much depends on the character of the audience and the generally received opinion, if they are to believe that the virtues of which they approve are pre-eminently characteristic of the person praised and the vices which they hate of the person denounced. For there can be little doubt as to the attitude of the audience, if that attitude is already determined prior to the delivery of the speech.
950
Ipsorum
etiam
permiscenda
laus
semper
,
nam
id
benevolos
facit
;
quotiens
autem
fieri
poterit
,
cum
materiae
utilitate
iungenda
.
Minus
Lacedaemone
studia
litterarum
quam
Athenis
honores
merebuntur
,
plus
patientia
ac
fortitudo
.
Rapto
vivere
quibusdam
honestum
,
aliis
cura
legum
.
Frugalitas
apud
Sybaritas
forsitan
odio
foret
,
veteribus
Romanis
summum
luxuria
crimen
.
It will be wise too for him to insert some words of praise for his audience, since this will secure their good will, and wherever it is possible this should be done in such a manner as to advance his case. Literature will win less praise at Sparta than at Athens, endurance and courage more. Among some races the life of a freebooter is accounted honourable, while others regard it as a duty to respect the laws. Frugality might perhaps be unpopular with the Sybarites, whilst luxury was regarded as a crime by the ancient Romans.