Institutio Oratoria |
Translator: Harold Edgeworth Butler
|
|
1217 |
Nam qui obscurare vult , narrat falsa pro veris , et in iis quae narrat debet laborare , ut videantur quam evidentissima .
|
For he who desires to obscure the situation, will state what is false in lieu of the truth, but must still strive to secure an appearance of palpability for the facts which he narrates. |
1218 |
Et quatenus etiam forte quadam pervenimus ad difficilius narrationum genus , iam de iis loquamur , in quibus res contra nos erit , quo loco nonnulli praetereundam narrationem putaverunt . Et sane nihil est facilius , nisi prorsus totam causam omnino non agere . Sed si aliqua iusta ratione huiusmodi susceperis litem , cuius artis est malam esse causam silentio confiteri ? nisi forte tam hebes futurus est iudex , ut secundum id pronuntiet , quod sciet narrare te noluisse .
|
A chance turn of the discussion has led us to a difficult type of statement of facts. I will therefore proceed to speak of those in which the facts are against us. Under such circumstances some have held that we should omit the statement of facts altogether. Nothing can be more easy, except perhaps to throw up the case altogether. But suppose you undertake a case of this kind with some good reason. It is surely the worst art to admit the badness of the case by keeping silence. We can hardly hope that the judge will be so dense as to give a decision in favour of a case which he knows we were unwilling to place before him. |
1219 |
Neque infitias eo in narratione , ut aliqua neganda , aliqua adiicienda , aliqua mutanda , sic aliqua etiam tacenda ; sed tacenda , quae tacere oportebit et liberum erit . Quod fit nonnunquam brevitatis quoque gratia , quale illud est , Respondit quae ei visum est .
|
I do not of course deny that just as there may be some points which you should deny in your statement of facts, others which you should add, and yet again others that you should alter, so there may be some which you should pass over in silence. But still only those points should be passed over which we ought and are at liberty to treat in this way. This is sometimes done for the sake of brevity, as in the phrase "He replied as he thought fit." |
1220 |
Distinguamus igitur genera causarum . Namque in iis , in quibus non de culpa quaeretur sed de actione , etiamsi erunt contra nos themata , confiteri nobis licebit : Pecuniam de templo sustulit sed privatam , ideoque sacrilegus non est .
|
We must therefore distinguish between case and case. In those where there is no question of guilt but only of law, we may, even though the facts he against us, admit the truth. " He took money from the temple, but it was private property, and therefore he is not guilty of sacrilege. He abducted a maiden, but the father can have no option as to his fate. |
1221 |
Virginem rapuit , non tamen optio patri dabitur . Ingenuum stupravit et stupratus se suspendit , non tamen ideo stuprator capite ut causa mortis punietur , sed decem milia , quae poena stupratori constitute est , dabit . Verum in his quoque confessionibus est aliquid , quod de invidia , quam expositio adversarii fecit , detrahi possit , cum etiam servi nostri de peccatis suis mollius loquantur .
|
He assaulted a freeborn boy, and the latter hanged himself, but that is no reason for the author of the assault to be awarded capital punishment as having caused his death; he will instead pay 10,000 sesterces, the fine imposed by law for such a crime. " But even in making these admissions we may to some extent lessen the odium caused by the statement of our opponent. For even our slaves extenuate their own faults. |
1222 |
Quaedam enim quasi non narrantes mitigabimus : Non quidem , ut adversarius dicit , consilium furti in templum attulit nec diu captavit eius rei tempus ; sed occasione et absentia custodum corruptus et pecunia , quae nimium in animis hominum potest , victus est . Sed quid refert ? peccavit et fur est ; nihil attinet id defendere , cuius poenam non recusamus .
|
In some cases, too, we may mitigate a bad impression by words which avoid the appearance of a statement of facts. We may say, for instance, " He did not, as our opponent asserts, enter the temple with the deliberate intention of theft nor seek a favourable occasion for the purpose, but was led astray by the opportunity, the absence of custodians, and the sight of the money (and money has always an undue influence on the mind of man), and so yielded to temptation. What does that matter? He committed the offence and is a thief. It is useless to defend an act to the punishment of which we can raise no objection. " |
1223 |
Interim quasi damnemus ipsi : Vis te dicam vino impulsum ? errore lapsum ? nocte deceptum ? vera sunt ista fortasse ; tu tamen ingenuum stuprasti , solve decem milia . Nonnunquam praepositione praemuniri potest causa , deinde exponi .
|
Again we may sometimes go near condemning our client ourselves. "Do you wish me to say that you were under the influence of wine? that you made a mistake? that the darkness deceived you? That may be true. But still you committed an assault on a freeborn boy; pay your 10,000 sesterces. " Sometimes we may fortify our case in advance by a preliminary summary, from which we proceed to the full statement of facts. |
1224 |
Contraria sunt omnia tribus filiis , qui in mortem patris coniurarant : sortiti nocte singuli per ordinem cum ferro cubiculum intrarunt patre dormiente ; cum occidere eum nemo potuisset , excitato omnia indicarunt .
|
All the evidence points to the guilt of three sons who had conspired against their father. After drawing lots they entered their father's bedroom while he slept, one following the other in the order predetermined and each armed with a sword. None of them had the heart to kill him, he woke and they confessed all. |
1225 |
Si tamen pater , qui divisit patrimonium et reos parricidii defendit , sic agat : Quod contra legem sufficit , parricidium obiicitur iuvenibus , quorum pater vivit atque etiam liberis suis adest . Ordinem rei narrare quid necesse est , cum ad legem nihil pertineat ? sed si confessionem culpae meae exigitis , fui pater durus et patrimonii , quod iam melius ab his administrari poterat , tenax custos ;
|
If, however, the father, who has divided his estate among them and is defending them when accused of parricide, pleads as follows: " As regards my defence against the law, it suffices to point out, that these young men are charged with parricide in spite of the fact that their father still lives and is actually appearing on behalf of his children. What need is there for me to set forth the facts as they occurred since the law does not apply to them? But if you desire me to confess my own guilt in the matter, I was a hard father to them and watched over my estate, which would have been better managed by them, with miserly tenacity. " |
1226 |
deinde subiiciat stimulatos ab iis , quorum indulgentiores parentes erant , semper tamen habuisse eum animum , qui sit eventu deprehensus , ut occidere patrem non possent ; neque enim iureiurando opus fuisse , si alioqui hoc mentis habuissent , nec sorte , nisi quod se quisque eximi voluerit , omnia haec qualiacunque placidioribus animis accipientur , illa brevi primae propositionis defensione mollita .
|
And if he then should add, " they were spurred to attempt the crime by others who had more indulgent fathers; but their real feelings towards their father have been proved by the result; they could not bring themselves to kill him. It would have been quite unnecessary for them to take an oath to kill him, if they had really had the heart to do the deed, while the only explanation of their drawing lots is that each of them wished to avoid the commission of the crime. " If such were his pleading, all these pleas would, such as they are, find the judges all the more disposed to mercy, since the brief defence offered in the first summary statement would have paved the way for them. |
1227 |
At cum quaeritur an factum sit vel quale factum sit , licet omnia contra nos sint , quomodo tamen evitare expositionem salva causae ratione possumus ? Narravit accusator neque ita ut , quae essent acta , tantum indicaret , sed adiecit invidiam , rem verbis exasperavit , accesserunt probationes , peroratio incendit et plenos irae reliquit . Exspectat naturaliter iudex ,
|
But if the question is whether an act has been committed or what its nature may be, even though everything be against us, how can we avoid a statement of facts without gross neglect of our case? The accuser has made a statement of facts facts, and has done so not merely in such a way as to indicate what was done, but has added such comments as might excite strong prejudice against us and made the facts seem worse than they are by the language which he has used. On the top of this have come the proofs, while the peroration has kindled the indignation of the judges and left them full of anger against us. |
1228 |
quid narretur a nobis . Si nihil exponimus , illa esse quae adversarius dixit et talia qualia dixit credat necesse est . Quid ergo ? eadem exponemus ? Si de qualitate agitur , cuius tum demum quaestio est , cum de re constat , eadem sed non eodem modo ; alias causas , aliam mentem , aliam rationem dabo .
|
The judge naturally waits to hear what we can state in our behalf. If we make no statement, he cannot help believing that our opponent's assertions are correct and that their tone represents the truth. What are we to do then? Are we to restate the same facts? Yes, if the question turns on the nature of the act, as it will if there is no doubt about the commission, but we must restate them in a different way, alleging other motives and another purpose and putting a different complexion on the case. |
1229 |
Verbis elevare quaedam licebit ; luxuria liberalitatis , avaritia parsimoniae , negligentia simplicitatis nomine lenietur ; vultu denique , voce , habitu vel favoris aliquid vel miserationis merebor . Solet nonnunquam movere lacrimas ipsa confessio . Atque ego libenter interrogem , sint illa defensuri , quae non narraverint , necne ?
|
Some imputations we may mitigate by the use of other words; luxury will be softened down into generosity, avarice into economy, carelessness into simplicity, and I shall seek to win a certain amount of favour or pity by look, voice and attitude. Sometimes a frank confession is of itself sufficient to move the jury to tears. And I should like to ask those who differ from me whether they are prepared to defend what they have refused to state, or no. |
1230 |
Nam si neque defenderint neque narraverint , tota causa prodetur ; at si defensuri sunt , proponere certe plerumque id , quod confirmaturi sumus , oportet . Cur ergo non exponamus , quod et dilui potest et , ut hoc contingat , utique indicandum est ?
|
For if they refuse either to defend or to state the facts, they will be giving away their whole case. If, on the other hand, they do propose to put in a defence, they must at least, as a rule, set forth what they intend to justify. Why then not state fully facts which can be got rid of and must in fact be pointed out to make that possible? |
1231 |
Aut quid inter probationem et narrationem interest , nisi quod narratio est probationis continua propositio , rursus probatio narrationi congruens confirmatio ? Videamus ergo , num haec expositio longior demum debeat esse et paulo verbosior praeparatione et quibusdam argumentis ( argumentis dico , non argumentatione ) , cui tamen plurimum confert frequens adfirmatio effecturos nos quod dicimus ; non posse vim rerum ostendi prima expositione ; exspectent et opiniones suas differant et bene sperent .
|
Or again what difference is there between a proof and a statement of facts save that the latter is a proof put forward in continuous form, while a proof is a verification of the facts as put forward in the statement? Let us consider therefore whether under such circumstances the statement should not be somewhat longer and fuller than usual, since we shall require to make some preliminary remarks and to introduce certain special arguments (note that I say arguments, and not argumentation), while it will add greatly to the force of our defence if we assert not once nor twice that we shall prove what we say is true and that the significance of the facts cannot be brought out by one opening statement, bidding them wait, delay forming their opinions and hope for the best. |
1232 |
Denique utique narrandum est , quidquid aliter quam adversarius exposuit narrari potest , aut etiam prooemia sunt in his causis supervacua ; quae quid magis agunt , quam ut cognitioni rerum accommodatiorem iudicem faciant ? Atque constabit , nusquam esse eorum maiorem usum , quam ubi animus iudicis ab aliqua contra nos insita opinione flectendus est .
|
Finally it is important to include in our statement anything that can be given a different complexion from that put upon it by our opponent. Otherwise even an exordium will be superfluous in a case of this kind. For what is its purpose if not to make the judge better disposed for the investigation of the case? And yet it will be agreed that the exordium is never more useful than when it is necessary to divert the judge from some prejudice that he has formed against us. |
1233 |
Coniecturales autem causae , in quibus de facto quaeritur , non tam saepe rei , de qua indicium est , quam eorum , per quae res colligenda est , expositionem habent . Quae cum accusator suspiciose narret , reus levare suspicionem debeat , aliter ab hoc atque ab illo ad iudicem perferri oportet .
|
Conjectural cases, on the other hand—that is to say questions of fact—require a statement, which will more often deal with the circumstances from which a knowledge of the point at issue may be derived than with the actual point which is under trial. When the accuser states these circumstances in such a manner as to throw suspicion on the case for the defence, and the accused has consequently to dispel that suspicion, the facts must be presented to the judge in quite a different light by the latter. |
1234 |
At enim quaedam argumenta turba valent , diducta leviora sunt . Id quidem non eo pertinet , ut quaeratur an narrandum , sed quomodo narrandum sit . Nam et congerere plura in expositione quid prohibet , si id utile est causae , et promittere , sed et dividere narrationem et probationes subiungere partibus atque ita transire ad sequentia ?
|
But, it may be urged, some arguments are strong when put forward in bulk, but far less effective when employed separately. My answer is that this remark does not affect the question whether we ought to make a statement of fact, but concerns the question how it should be made. For what is there to prevent us from amassing and producing a number of arguments in the statement, if that is likely to help our cause? Or from subdividing our statement of facts and appending the proofs to their respective sections and so passing on to what remains to be said? |
1235 |
Nam ne iis quidem accedo , qui semper eo putant ordine , quo quid actum sit , esse narrandum , sed eo malo narrare , quo expedit . Quod fieri plurimis figuris licet . Nam et aliquando nobis excidisse simulamus , cum quid utiliore loco reducimus , et interim nos reddituros reliquum ordinem testamur , quia sic futura sit causa lucidior ; interim re exposita subiungimus causas quae antecesserunt .
|
Neither do I agree with those who assert that the order of our statement of facts should always follow the actual order of events, but have a preference for adopting the order which I consider most suitable. For this purpose we can employ a variety of figures. Sometimes, when we bring up a point in a place better suited to our purpose, we may pretend that it had escaped our notice; occasionally, too, we may inform the judge that we shall adhere to the natural order for the remainder of our statement, since by so doing we shall make our case clearer, while at times after stating a fact, we may append the causes which preceded it. |
1236 |
Neque enim est una lex defensionis certumque praescriptum ; pro re , pro tempore intuenda quae prosint , atque ut erit vulnus , ita vel curandum protinus vel , si curatio differri potest , interim deligandum .
|
For there is no single law or fixed rule governing the method of defence. We must consider what is most advantageous in the circumstances and nature of the case, and treat the wound as its nature dictates, dressing at once or, if the dressing can be delayed, applying a temporary bandage. |
1237 |
Nec saepius narrare duxerim nefas , quod Cicero pro Cluentio fecit ; estque non concessum modo , sed aliquando etiam necessarium , ut in causis repetundarum omnibusque quae simplices non sunt . Amentis est enim superstitione praeceptorum contra rationem causae trahi .
|
Again I do not regard it as a crime to repeat a statement of a fact more than once, as Cicero does in the pro Cluentio. It is not merely permissible, but sometimes necessary, as in trials for extortion and all complicated cases; and only a lunatic will allow a superstitious observance of rules to lead him counter to the interests of his case. |
1238 |
Narrationem ideo ante probationes ponere est institutum , ne iudex , qua de re quaeratur , ignoret . Cur igitur , si singula probanda aut refellenda erunt , non singula etiam narrentur ? Me certe , quantacunque nostris experimentis habenda est fides , fecisse hoc in foro , quotiens ita desiderabat utilitas , probantibus et eruditis et iis , qui iudicabant , scio ; et ( quod non arroganter dixerim , quia sunt plurimi , quibuscum egi , qui me refellere possint , si mentiar ) fere ponendae a me causae officium exigebatur .
|
The reason for placing the statement of facts before the proof is to prevent the judge from being ignorant of the question at issue. Why then, if each individual point has to be proved or refuted, should not each individual point be stated as well? If my own experience may be trusted, I know that I have followed this practice in the courts, whenever occasion demanded it, and my procedure has been approved both by learned authorities and the judges themselves, while the duty of setting forth the case was generally entrusted to me. I am not boasting, for there are many with whom I have been associated as counsel, who can bring me to book if I lie. |
1239 |
Neque ideo tamen non id saepius facere oportebit , ut rerum ordinem sequamur . Quaedam vero etiam turpiter convertuntur , ut si peperisse narres , deinde concepisse ; apertum testamentum , deinde signatum ; in quibus si id , quod posterius est , dixeris , de priore tacere optimum ; palam est enim praecessisse .
|
On the other hand this is no reason for not following the order of events as a general rule. Indeed inversion of the order has at times a most unhappy effect, as for example if you should mention first that a woman has brought forth and then that she has conceived, or that a will has been read and then that it has been signed. In such cases, if you should happen to have mentioned the later incident, it is better to say nothing about the former, which must quite obviously have come first. |
1240 |
Sunt quaedam et falsae expositiones , quarum in foro duplex genus est : alterum , quod instrumentis adiuvatur , ut P . Clodius fiducia testium , qua nocte incestum Romae commiserat , Interamnae se fuisse dicebat ; alterum , quod est tuendum dicentis ingenio . Id interim ad solam verecundiam pertinet , unde etiam mihi videtur dici color , interim ad quaestionem .
|
Sometimes, too, we get false statements of facts; these, as far as actual pleading in the courts is concerned, fall into two classes. In the first case the statement depends on external support; Publius Clodius, for instance, relied on his witnesses when he stated that he was at Interamna on the night when he committed abominable sacrilege at Rome. The other has to be supported by the speaker's native talent, and sometimes consists simply in an assumption of modesty, which is, I imagine, the reason why it is called a gloss, while at other times it will be concerned with the question at issue. |
1241 |
Sed utrumcunque erit , prima sit curarum , ut id quod fingemus fieri possit ; deinde , ut et personae et loco et tempori congruat et credibilem rationem et ordinem habeat ; si continget , etiam verae alicui rei cohaereat aut argumento , quod sit in causa , confirmetur . Nam quae tota extra rem petita sunt , mentiendi licentiam produnt .
|
Whichever of these two forms we employ, we must take care, first that our fiction is within the bounds of possibility, secondly that it is consistent with the persons, dates and places involved and thirdly that it presents a character and sequence that are not beyond belief: if possible, it should be connected with something that is admittedly true and should be supported by some argument that forms part of the actual case. For if we draw our fictions entirely from circumstances lying outside the case, the liberty which we have taken in resorting to falsehood will stand revealed. |
1242 |
Curandum praecipue , ( quod fingentibus frequenter excidit ) ne qua inter se pugnent ; quaedam enim partibus blandiuntur , sed in summam non consentiunt ; praeterea , ne iis , quae vera esse constabit , adversa sint ; in schola etiam , ne color extra themata quaeratur .
|
Above all we must see that we do not contradict ourselves, a slip which is far from rare on the part of spinners of fiction: for some things may put a most favourable complexion on portions of our case, and yet fail to agree as a whole. Further, what we say must not be at variance with the admitted truth. Even in the schools, if we desire a gloss, we must not look for it outside the facts laid down by our theme. |
1243 |
Utrobique autem orator meminisse debebit actione tota , quid finxerit , quoniam solent excidere quae falsa sunt ,
|
In either case the orator should bear clearly in mind throughout his whole speech what the fiction is to which he has committed himself, since we are apt to forget our falsehoods, and there is no doubt about the truth of the proverb that a liar should have a good memory. |
1244 |
verumque est illud , quod vulgo dicitur , mendacem memorem esse oportere . Sciamus autem , si de nostro facto quaeratur , unum nobis aliquid esse dicendum ; si de alieno , mittere in plura suspiciones licere . Est tamen quibusdam scholasticis controversiis , in quibus ponitur aliquem non respondere quod interrogator , libertas omnia enumerandi , quae responderi potuissent .
|
But whereas, if the question turns on some act of our own, we must make one statement and stick to it, if it turns on an act committed by others, we may cast suspicion on a number of different points. In certain controversial themes of the schools, however, in which it is assumed that we have put a question and received no reply, we are at liberty to enumerate all the possible answers that might have been given. |
1245 |
Fingenda vero meminerimus ea , quae non cadant in testem . Sunt autem haec , quae a nostro dicuntur animo , cuius ipsi tantum conscii sumus ; item quod a defunctis , nec hoc enim est qui neget ; itemque ab eo cui idem expediet , is enim non negabit ; ab adversario quoque , quia non est habiturus in negando fidem .
|
But we must remember only to invent such things as cannot be checked by evidence: I refer to occasions when we make our own minds speak (and we are the only persons who are in their secret) or put words in the mouth of the dead (for what they say is not liable to contradiction) or again in the mouth of someone whose interests are identical with ours (for he will not contradict), or finally in the mouth of our opponent (for he will not be believed if he does deny). |
1246 |
Somniorum et superstitionum colores ipsa iam facilitate auctoritatem perdiderunt . Non est autem satis in narratione uti coloribus , nisi per totam actionem consentiant , cum praesertim quorundam probatio sola sit in adseveratione et perseverantia ;
|
Glosses drawn from dreams and superstitions have long since lost their value, owing to the very ease with which they can be invented. But it will avail us little to use glosses in a statement of fact, unless they are consistent throughout the whole of our speech, more especially as certain things can only be proved by persistent assertion. |
1247 |
ut ille parasitus , qui ter abdicatum a divite iuvenem et absolutum tanquam suum filium asserit , habebit quidem colorem , quo dicat et paupertatem sibi causam exponendi fuisse et ideo a se parasiti personam esse susceptam , quia in illa domo filium haberet ; et ideo illum ter innocentem abdicatum , quia filius abdicantis non esset .
|
Take for instance the case of the parasite who claims as his son a young man who has been thrice disinherited by a wealthy father and thrice restored to his own. He will be able to put forward as a gloss or plea that poverty was the reason why he exposed the child, that he assumed the role of a parasite because his son was in the house in question and, lastly, that the reason why the young man was thrice disinherited was simply that he was not the son of the man who disinherited him. |
1248 |
Nisi tamen in omnibus verbis et amorem patrium atque hunc quidem ardentissimum ostenderit et odium divitis et metum pro invene , quem periculose mansurum in illa domo , in qua tam invisus sit , sciat , suspicione subiecti petitoris non carebit .
|
But unless every word that he utters reveals an ardent paternal affection, hatred for his wealthy opponent and anxiety on behalf of the youth, who will, he knows, be exposed to serious danger if he remains in the house where he is the victim of such dislike, he will be unable to avoid creating the suspicion that he has been suborned to bring the action. |
1249 |
Evenit aliquando in scholasticis controversiis , quod in foro an possit accidere dubito , ut eodem colore utraque pars utatur , deinde eum pro se quaeque defendat , ut in ilia controversia :
|
It sometimes happens in the controversial themes of the schools, though I doubt whether it could ever occur in the courts, that both sides employ the same gloss and support it on their own behalf. |
1250 |
Uxor marito dixit , appellatam se de stupro a privigno et sibi constitutum tempus et locum ; eadem contra filius detulit de noverca , edito tantum alio tempore ac loco ; pater in eo , quem uxor praedixerat , filium invenit , in eo , quem filius , uxorem ; illam repudiavit , qua tacente filium abdicat . Nihil dici potest pro iuvene , quod non idem sit pro noverca .
|
An example of this may be found in the theme which runs as follows. " A wife has stated to her husband that her stepson has attempted to seduce her and that a time and place have been assigned for their meeting: the son has brought the same charge against his stepmother, with the exception that a different time and place are mentioned. The father finds the son in the place mentioned by the wife, and the wife in the place mentioned by the son. He divorces her, and then, as she says nothing in her own defence, disinherits the son. " No defence can be put forward for the son which is not also a defence of the stepmother. |
1251 |
Ponentur tamen etiam communia ; deinde ex personarum comparatione et indicii ordine et silentio repudiatae argumenta ducentur .
|
However, what is common to both sides of the case will be stated, and then arguments will be drawn from a comparison of the characters of the two parties, from the order in which they laid information against each other and from the silence of the divorced wife. |
1252 |
Ne illud quidem ignorare oportet , quaedam esse quae colorem non recipiant , sed tantum defendenda sint , qualis est ille dives , qui statuam pauperis inimici flagellis cecidit et reus est iniuriarum ; nam factum eius modestum esse nemo dixerit , fortasse ut sit tutum obtinebit .
|
Still we must not ignore the fact that there are some cases which do not admit of any form of gloss, but must be defended forthright. An example is provided by the case of the rich man who scourged the statue of a poor man who was his enemy, and was subsequently indicted for assault. Here no one can deny that the act was outrageous, but it may be possible to maintain that it is not punishable by law. |
1253 |
Quodsi pars expositionis pro nobis , pars contra nos erit , miscenda sit an separanda narratio , cum ipsa condicione causae deliberandum est . Nam si plura sunt quae nocent , quae prosunt obruuntur . Itaque tunc dividere optimum erit , et iis , quae partem nostram adiuvabunt , expositis et confirmatis , adversus reliqua uti remediis , de quibus supra dictum est Si plura proderunt ,
|
If, however, part of the statement of facts tells in our favour and part against us, we must consider whether in view of the circumstances of the case the parts in question should be blent or kept apart. If the points which are damaging to our case be in the majority, the points which are in its favour will be swamped. Under those circumstances it will be best to keep them apart and, after setting forth and proving the points which help our case, to meet the rest by employing the remedies mentioned above. |
1254 |
etiam coniungere licebit , ut quae obstant in mediis velut auxiliis nostris posita minus habeant virium . Quae tamen non erunt nuda ponenda , sed ut et nostra aliqua argumentatione firmemus et diversa cur credibilia non sint adiiciamus ; quia , nisi distinxerimus , verendum est , ne bona nostra permixtis malis inquinentur .
|
If, on the other hand, it be the points in our favour which predominate, we may even blend them with the others, since thus the traitors in our camp will have less force. None the less these points, both good and bad, must not be set forth naked and helpless: those in our favour must be supported by some argument, and then reasons must be added why the points which tell against us should not be believed; since if we do not distinguish clearly between the two, it is to be feared that those which are favourable may suffer from their bad company. |