Institutio Oratoria (Quintilian)

[Close]

	Institutio Oratoria Author: Quintilian	Translator: Harold Edgeworth Butler
1255	Illa quoque de narratione praecipi solent , ne qua ex ea fiat excursio , ne avertatur a iudice sermo , ne alienae personae vocem demus , ne argumentemur ; adiiciunt quidam etiam , ne utamur adfectibus ; quorum pleraque sunt frequentissime custodienda , immo nunquam , nisi ratio coegerit , mutanda .	Further rules are laid down with regard to the statement of fact, forbidding us to indulge in digression, apostrophe or argumentation or to put our words into the mouths of others. Some even add that we should make no appeal to the passions. These rules should for the most part be observed, indeed they should never be infringed unless the circumstances absolutely demand it.
1256	Ut sit expositio perspicua et brevis , nihil quidem tam raro poterit habere rationem quam excursio ; nec unquam debebit esse nisi brevis et talis , ut vi quadam videamur adfectus velut recto itinere depulsi , qualis est Ciceronis circa nuptias Sasiae :	If our statement is to be clear and brief, almost anything can be justified sooner than digression. And if we do introduce a digression, it must always be short and of such a nature that we give the impression of having been forced from our proper course by some uncontrollable emotion. The passage in Cicero about the marriage of Sasia is a good example of this.
1257	O mulieris scelus incredibile et praeter hanc unam in omni uita inauditum ! O libidinem effrenatam et indomitam ! O audaciam singularem ! nonne timuisse , si minus vim deorum hominumque famam , at illam ipsam noctem facesque illas nuptiales non limen cubiculi non cubile filiae non parietes denique ipsos , superiorum testes nuptiarum	" What incredible wickedness in a woman! Unheard of in the history of mankind till she dared the sin! What unbridled and unrestrained lust, what amazing daring! One might have thought that, even if she had no regard for the vengeance of heaven and the opinion of man, she would at least have dreaded that night of all nights and those torches that lighted her to the bridal bed: that she would have shrunk in horror from the threshold of her chamber, from her daughter's room and the very walls that had witnessed her former marriage. "
1258	Sermo vero aversus a iudice et brevius indicat interim et coarguit magis , de qua re idem , quod in prooemio dixeram , sentio , sicut de prosopopoeia quoque ; qua tamen non Servius modo Sulpicius utitur pro Aufidia : Somnone te languidum an gravi lethargo putem pressum ? sed M . quoque Tullius circa nauarchos , ( nam ea quoque rei expositio est ) Ut adeas , tantum dabis , et reliqua .	As to addressing another in place of the judge, it may be a means of making a point with greater brevity and give it greater force. On this subject I hold the same view that I expressed in dealing with the exordium, as I do on the subject of impersonation. This artifice however is employed not only by Servius Sulpicius in his speech on behalf of Aufidia, when he cries " Am I to suppose that you were drowsed with sleep or weighed down by some heavy lethargy? " but by Cicero as well, when in a passage which, like the above, belongs to the statement of facts, in speaking of the ships' captains he says, "You will give so much to enter, etc."
1259	Quid ? pro Cluentio , Staieni Bulbique colloquium nonne ad celeritatem plurimum et ad fidem confert ? Quae ne fecisse inobservantia quadam videatur , quanquam hoc in illo credibile non est , in Partitionibus praecepit , ut habeat narratio suavitatem , admirationes , exspectationes , exitus inopinatos , colloquia personarum , omnes adfectus .	Again in the pro Clueniio does not the conversation between Staienus and Bulbus conduce to speed and enhance the credibility of the statements ? In case it should be thought that Cicero did this without design (quite an incredible supposition in his case), I would point out that in the Partitiones he lays it down that the statement of facts should be characterised by passages which will charm and excite admiration or expectation, and marked by unexpected turns, conversations between persons and appeals to every kind of emotion.
1260	Argumentabimur , ut dixi , nunquam ; argumentum ponemus aliquando ; quod facit pro Ligario Cicero , cum dicit sic eum provinciae praefuisse , ut illi pacem esse expediret . Inseremus expositioni et brevem , cum res poscet , defensionem et rationem factorum .	We shall, as I have already said, never argue points in the statement of facts, but we may sometimes introduce arguments, as for example Cicero does in the pro Ligario, when he says that he ruled his province in such a way that it was to his interest that peace should continue. We shall sometimes also, if occasion demand, insert a brief defence of the facts in the statement and trace the reasons that led up to them.
1261	Neque enim narrandum est tanquam testi sed tanquam patrono . Rei ordo per se talis est : Q . Ligarius legatus cum C . Considio profectus . Quid ergo M . Tullius ? Q . enim , inquit , Ligarius , cum esset nulla belli suspicio , legatus in Africam cum C . Considio profectus est . Et alibi :	For we must state our facts like advocates, not witnesses. A statement in its simplest form will run as follows, "Quintus Ligarius went out as legate to C. Considius." But how will Cicero put it ? "Quintus Ligarius," he says, " set out for Africa as legate to Gaius Considius at a time when there was no thought of war. " And again elsewhere
1262	Non modo ad bellom sed ne ad minimam quidem suspicionem belli . Et cum esset indicaturo satis , Q . Ligarius nullo se implicari negotio passus est , adiecit , domum spectans , ad suos redire cupiens . Ita quod exponebat , et ratione fecit credibile et adfectu quoque implevit .	he says, "Not only not to war, but to a country where there was no thought of war." And when the sense would have been sufficiently clear had he said no more than "Quintus Ligarius would not suffer himself to be entangled in any transaction," he adds "for he had his eyes fixed on home and wished to return to his own people." Thus he made what he stated credible by giving a reason for it and at the same time coloured it with emotion.
1263	Quo magis miror eos , qui non putant utendum in narratione adfectibus . Qui si hoc dicunt , non diu neque ut in epilogo , mecum sentiunt ; effugiendae sunt enim morae . Ceterum cur ego iudicem nolim , dum eum doceo , etiam movere ?	I am therefore all the more surprised at those who hold that there should be no appeal to the emotions in the statement of facts. If they were to say " Such appeals should be brief and not on the scale on which they are employed in tile peroration," I should agree with them; for it is important that the statement should be expeditious. But why, while I am instructing the judge, should I refuse to move him as well?
1264	Cur , quod in summa parte sum actionis petiturus , non in primo statim rerum ingressu , si fieri potest , consequar ? Cum praesertim etiam in probationibus faciliorem sim animum eius habiturus occupatum vel ira vel miseratione .	Why should I not, if it is possible, obtain that effect at the very opening of the case which I am anxious to secure at its conclusion, more especially in view of the fact that I shall find the judge far more amenable to the cogency of my proof, if I have previously filled his mind with anger or pity?
1265	An non M . Tullius circa verbera civis Romani omnis brevissime movet adfectus , non solum condicione ipsius , loco iniuriae , genere verberum , sed animi quoque commendatione ? Summum enim virum ostendit qui , cum virgis caederetur , non ingemuerit , non rogaverit , sed tantum ciuem Romanum esse se cum invidia caedentis et fiducia iuris clamaverit .	Does not Cicero, in his description of the scourging of a Roman citizen, in a few brief words stir all the emotions, not merely by describing the victim's position, the place where the outrage was committed and the nature of the punishment, but also by praising the courage with which he bore it? For he shows us a man of the highest character who, when beaten with rods, uttered not a moan nor an entreaty, but only cried that lie was a Roman citizen, thereby bringing shame on his oppressor and showing his confidence in the law.
1266	Quid ? Philodami casum nonne cum per totam expositionem incendit invidia , tum in supplicio ipso lacrimis implevit , cum flentes non tam narraret quam ostenderet patrem de morte filii , filium de patris ?	Again does he not throughout the whole of his statement excite the warmest indignation at the misfortunes of Philodamus and move us even to tears when he speaks of his punishment and describes, or rather shows us as in a picture, the father weeping for the death of his son and the son for the death of his father?
1267	Quid ulli epilogi possunt magis habere miserabile ? Serum est enim advocare iis rebus adfectum in peroratione , quas securus narraveris ; adsuevit illis iudex iamque eas sine motu mentis accipit , quibus commotus novis non est , et difficile est mutare animi habitum semel constitutum .	What can any peroration present that is more calculated to stir our pity? If you wait for the peroration to stir your hearer's emotions over circumstances which you have recorded unmoved in your statement of facts, your appeal will come too late. The judge is already familiar with them and hears their mention without turning a hair, since he was unstirred when they were first recounted to him. Once the habit of mind is formed, it is hard to change it.
1268	Ego vero ( neque enim dissimulabo iudicium meum , quamquam id , quod sum dicturus , exemplis magis quam praeceptis ullis continetur ) narrationem , ut si ullam partem orationis , omni qua potest gratia et venere exornandam puto . Sed plurimum refert , quae sit natura eius rei quam exponimus .	For my own part (for I will not conceal my opinion, though it rests rather on actual examples than on rules), I hold that the statement of fact more than any portion of the speech should be adorned with the utmost grace and charm. But much will depend on the nature of the subject which we have to set forth.
1269	In parvis ergo , quales sunt fere privatae , sit ille presses et velut applicitus rei cultus , in verbis summa diligentia ; quae in locis impetu feruntur et circumiectae orationis copia latent , hic expressa et , ut vult Zeno , sensu tincta esse debebunt ; compositio dissimulata quidem sed tamen quam iucundissima ;	In slighter cases, such as are the majority of private suits, the decoration must be restrained and fit close to the subject, while the utmost care must be exercised in choice of words. The words which in our purple passages are swept along by the force of our eloquence and lost in the profusion of our language, must in cases such as these be clear and, as Zeno says, "steeped with meaning." The rhythm should be unobtrusive, but as attractive as possible,
1270	figurae non illae poeticae et contra rationem loquendi auctoritate veterum receptae ( nam debet esse quam purissimus sermo ) , sed quae varietate taedium effugiant et mutationibus animum levent , ne in eundem casum similem compositionem , pares elocutionum tractus incidamus . Caret enim ceteris lenociniis expositio et , nisi commendetur hac venustate , iaceat necesse est .	while the figures must neither be derived from poetry nor such as are contrary to current usage, though warranted by the authority of antiquity (for it is important that our language should be entirely normal), but should be designed to relieve tedium by their variety and should be frequently changed to relax the strain of attention. Thus we shall avoid repeating the same terminations and escape monotony of rhythm and a stereotyped turn of phrase. For the statement of facts lacks all the other allurements of style and, unless it is characterised by this kind of charm, will necessarily fall flat.
1271	Nec in ulla parte intentior est index , eoque nihil recte dictum perit . Praeterea nescio quomodo etiam credit facilius , quae audienti iucunda sunt , et voluptate ad fidem ducitur .	Moreover there is no portion of a speech at which the judge is more attentive, and consequently nothing that is well said is lost. And the judge is, for some reason or other, all the more ready to accept what charms his ear and is lured by pleasure to belief.
1272	Ubi vero maior res erit , et atrocia invidiose et tristia miserabiliter dicere licebit , non ut consumantur adfectus , sed ut tamen velut primis lineis designentur , ut plane , qualis futura sit imago rei , statim appareat .	When on the other hand the subject is on a larger scale, we have a chance to excite horror by our narration of abominable wrongs or pity by a tale of woe: but we must do so in such a way as not to exhaust our stock of emotions on the spot, but merely to indicate our harrowing story in outline so that it may at once be clear what the completed picture is like to be.
1273	Ne sententia quidem velut fatigatum intentione stomachum iudicis reficere dissuaserim , maxime quidem brevi interiectione , qualis est illa , Fecerunt servi Milonis , quod suos quisque servos in tali re facere voluisset , interim paulo liberiore , qualis est illa , Nubit genero socrus , nullis auspicibus , nullis auctoribus ,	Again I am far from disapproving of the introduction of some striking sentence designed to stimulate the judge's jaded palate. The best way of so doing is the interposition of a short sentence like the following: " Milo's slaves did what everyone would have wished his own slaves to do under similar circumstances " : at times we may even be a little more daring and produce something like the following: " The mother-in-law wedded her son-in-law: there were no witnesses, none to sanction the union, and the omens were dark and sinister. "
1274	funestis ominibus omnium . Quod cum sit factum iis quoque temporibus , quibus omnis ad utilitatem potius quam ad ostentationem componebatur oratio , et erant adhuc severiora iudicia , quanto nunc faciendum magis , cum in ipsa capitis aut fortunarum pericula inrupit voluptas ? cui hominum desiderio quantum dari debeat alio loco dicam . Interim aliquid indulgendum esse confiteor .	If this was done in days when every speech was designed for practical purposes rather than display and the courts were far stricter than to-day, how much more should we do it now, when the passion for producing a thrill of pleasure has forced its way even into cases where a man's life or fortunes are in peril? I shall say later to what extent I think we should indulge popular taste in this respect: in the meantime I shall admit that some such indulgence is necessary.
1275	Multum confert adiecta veris credibilis rerum imago , quae velut in rem praesentem perdicere audientes videtur , qualis est illa M . Caelii in Antonium descriptio : Namque ipsum offendunt temulento sopore profligatum , totis praecordiis stertentem , ructuosos spiritus geminare , praeclarasque contubernales ab omnibus spondis transversas incubare et reliquas circumiacere passim .	A powerful effect may be created if to the actual facts of the case we add a plausible picture of what occurred, such as will make our audience feel as if they were actual eyewitnesses of the scene. Such is the description introduced by Marcus Caelius in his speech against Antonius. " For they found him lying prone in a drunken slumber, snoring with all the force of his lungs, and belching continually, while the most distinguished of his female companions sprawled over every couch, and the rest of the seraglio lay round in all directions.
1276	Quae tamen exanimatae terrore , hostium adventu percepto , excitare Antonium conabantur , nomen inclamabant , frustra a ceruicibus tollebant , blandius alia ad aurem invocabat , uehementius etiam nonnulla feriebat ; quarum cum omnium vocem tactumque noscitaret , proximae cuiusque collum amplexu petebat , neque dormire excitatus neque vigilare ebrius poterat , sed semisomno sopore inter manus centurionum concubinarumque iactabatur . Nihil his neque credibilius fingi neque vehementius exprobrari neque manifestius ostendi potest .	They however perceived the approach of the enemy and, half-dead with terror, attempted to arouse Antonius, called him by name, heaved up his head, but all in vain, while one whispered endearing words into his ear, and another slapped him with some violence. At last he recognised the voice and touch of each and tried to embrace her who happened to be nearest. Once wakened he could not sleep, but was too drunk to keep awake, and so was bandied to and fro between sleeping and waking in the hands of his centurions and his paramours. " Could you find anything more plausible in imagination, more vehement in censure or more vivid in description?
1277	Neque illud quidem praeteribo , quantam adferat fidem expositioni narrantis auctoritas ; quam mereri debemus ante omnia quidem vita , sed et ipso genere orationis , quod quo fuerit gravius ac sanctius , hoc plus habeat necesse est in adfirmando ponderis .	There is another point to which I must call attention, namely the credit which accrues to the statement of facts from the authority of the speaker. Now such authority should first and foremost be the reward of our manner of life, but may also be conferred by our style of eloquence. For the more dignified and serious our style, the greater will be the weight that it will lend to our assertions.
1278	Effugienda igitur in hac praecipue parte omnis calliditatis suspicio , neque enim se usquam custodit magis iudex ; nihil videatur fictum , nihil sollicitum ; omnia potius a causa quam ab oratore profecta credantur .	It is therefore specially important in this part of our speech to avoid anything suggestive of artful design, for the judge is never more on his guard than at this stage. Nothing must seem fictitious, nought betray anxiety; everything must seem to spring from the case itself rather than the art of the orator.
1279	At hoc pati non possumus et perire artem putamus , nisi apparent , cum desinat ars esse , si apparet . Pendemus ex laude atque hanc laboris nostri ducimus summam . Ita , quae circumstantibus ostentare volumus , iudicibus prodimus .	But our modern orators cannot endure this and imagine that their art is wasted unless it obtrudes itself, whereas as a matter of fact the moment it is detected it ceases to be art. We are the slaves of applause and think it the goal of all our effort. And so we betray to the judges what we wish to display to the bystanders.
1280	Est quaedam etiam repetita narratio , quae ἐπιδιήγησις dicitur , sane res declamatoria magis quam forensis , ideo autem reperta , ut , quia narratio brevis esse debet , fusius et ornatius res possit exponi ; quod fit vel invidiae gratia vel miserationis . Id et raro faciendum iudico neque sic unquam , ut totus ordo repetatur ; licet enim per partes idem consequi . Ceterum , qui uti ἐπιδιηγήσει volet , narrationis loco rem stringat et contentus indicare , quod factum sit , quo sit modo factum plenius se loco suo expositurum esse promittat .	There is also a kind of repetition of the statement which the Greeks call ἐπιδιηγήσις. It belongs to declamation rather than forensic oratory, and was invented to enable the speaker (in view of the fact that the statement should be brief) to set forth his facts at greater length and with more profusion of ornament, as a means of exciting indignation or pity. I think that this should be done but rarely and that we should never go to the extent of repeating the statement in its entirety. For we can attain the same result by a repetition only of parts. Anyone, however, who desires to employ this form of repetition, should touch but lightly on the facts when making his statement and should content himself with merely indicating what was done, while promising to set forth how it was done more fully when the time comes for it.
1281	Initium narrationis quidam utique faciendum a persona putant , eamque , si nostra sit , ornandam , si aliena , infamandam statim . Hoc sane frequentissimum est , quia personae sunt inter quas litigatur .	Some hold that the statement of facts should always begin by referring to some person, whom we must praise if he is on our side, and abuse if he is on the side of our opponents. It is true that this is very often done for the good reason that a law-suit must take place between persons.
1282	Sed hae quoque interim cum suis accidentibus ponendae , cum id profuturum est : ut A . Cluentius Habitus fuit pater huiusce , iudices , homo non solum municipii Larinatis , ex quo erat , sed regionis illius et uicinitatis virtute , existimatione , nobilitate princeps ;	Persons may however also be introduced with all their attendant circumstances, if such a procedure is likely to prove useful. For instance, " The father of my client, gentlemen, was Aulus Cluentius Habitus, a man whose character, reputation and birth made him the leading man not only in his native town of Larinum, but in all the surrounding district. "
1283	interim sine his ut Q . enim Ligarius cum esset ; frequenter vero et a re , sicut pro Tullio Cicero Fundum habet in agro Thurino M . Tullius paternum ; Demosthenes pro Ctesiphonte τοῦ γὰρ Φωκικο͂ν συστάντος πολέμου .	Or again they may be introduced without such circumstances, as in the passage beginning "For Quintus Ligarius etc." Often, too, we may commence with a fact as Cicero does in the pro Tullio : " Marcus Tullius has a farm which he inherited from his father in the territory of Thurium, " or Demosthenes in the speech in defence of Ctesiphonl, — "On the outbreak of the Phocian war."
1284	De fine narrationis cum iis contentio est , qui perduci expositionem volunt eo , unde quaestio oritur : His rebus ita gestis , P . Dolabella praetor interdixit , ut est consuetudo , de vi , hominibus armatis , sine ulla exceptione , tantum ut unde deiecisset restitueret ; deinde restituisse se dixit . Sponsio facta est ; hac de sponsione vobis iudicandum est . Id a petitore semper fieri potest , a defensore non semper .	As regards the conclusion of the statement of facts, there is a controversy with those who would have the statement end where the issue to be determined begins. Here is an example. " After these events the praetor Publius Dolabella issued an interdict in the usual form dealing with rioting and employment of armed men, ordering, without any exception, that Aebutius should restore the property from which he had ejected Caecina. He stated that he had done so. A sum of money was deposited. It is for you to decide to whom this money is to go. " This rule can always be observed by the prosecutor, but not always by the defendant.
1285	Ordine ipso narrationem sequitur confirmatio . Probanda sunt enim quae propter hoc exposuimus . Sed priusquam ingrediar hanc partem , pauca mihi de quorundam opinione dicenda sunt . Plerisque moris est prolato rerum ordine protinus utique in aliquem laetum ac plausibilem locum quam maxime possint favorabiliter excurrere .	III. In the natural order of things the statement of fact is followed by the verification. For it is necessary to prove the points which we stated with the proof in view. But before I enter on this portion, I have a few words to say on the opinions held by certain rhetoricians. Most of them are in the habit, as soon as they have completed the statement of facts, of digressing to some pleasant and attractive topic with a view to securing the utmost amount of favour from their audience.
1286	Quod quidem natum ab ostentatione declamatoria iam in forum venit , postquam agere causas non ad utilitatem litigatorum , sed ad patronorum iactationem repertum est , ne , si pressae illi , qualis saepius desideratur , narrationis gracilitati coniuncta argumentorum pugnacitas fuerit , dilatis diutius dicendi voluptatibus oratio refrigescat In quo vitium illud est ,	This practice originated in the display of the schools of declaration and thence extended to the courts as soon as causes came to be pleaded, not for the benefit of the parties concerned, but to enable the advocates to flaunt their talents. I imagine that they feared that if the slender stream of concise statement, such as is generally required, were followed by the pugnacious tone inevitable in the arguing of the case, the speech would fall flat owing to the postponement of the pleasures of a more expansive eloquence.
1287	quod sine discrimine causarum atque utilitatis hoc , tanquam semper expediat aut etiam necesse sit , faciunt , eoque sumptas ex iis partibus , quarum alius erat locus , sententias in hanc congerunt , ut plurima aut iterum dicenda sint aut , quia alieno loco dicta sunt , dici suo non possint . Ego autem confiteor ,	The objection to this practice lies in the fact that they do this without the slightest consideration of the difference between case and case or reflecting whether what they are doing will in any way assist them, on the assumption that it is always expedient and always necessary. Consequently they transfer striking thoughts from the places which they should have occupied elsewhere and concentrate them in this portion of the speech, a practice which involves either the repetition of a number of things that they have already said or their omission from the place which was really theirs owing to the fact that they have already been said.
1288	hoc exspatiandi genus non modo narrationi sed etiam quaestionibus vel universis vel interim singulis opportune posse subiungi , cum res postulat aut certe permittit , atque eo vel maxime illustrari ornarique orationem , sed si cohaeret et sequitur , non si per vim cuneatur et quae natura iuncta erant distrahit .	I admit however that this form of digression can be advantageously appended, not merely to the statement of facts, but to each of the different questions or to the questions as a whole, so long as the case demand, or at any rate permit it. Indeed such a practice confers great distinction and adornment on a speech, but only if the digression fits in well with the rest of the speech and follows naturally on what has preceded, not if it is thrust in like a wedge parting what should naturally come together.
1289	Nihil enim tam est consequens quam narrationi probatio , nisi excursus ille vel quasi finis narrationis vel quasi initium probationis est . Erit ergo illi nonnunquam locus , ut , si expositio circa finem atrox fuerit , prosequamur eam velut erumpente protinus indignatione .	For there is no part of a speech so closely connected with any other as the statement with the proof, though of course such a digression may be intended as the conclusion of the statement and the beginning of the proof There will therefore sometimes be room for digression; for example if the end of the statement has been concerned with some specially horrible theme, we may embroider the theme as though our indignation must find immediate vent.
1290	Quod tamen ita fieri oportebit , si res dubitationem non habebit . Alioqui prius est quod obiicias verum efficere quam magnum , quia criminum invidia pro reo est , priusquam probabitur ; difficillima est enim gravissimi cuiusque sceleris fides .	This, however, should only be done if there is no question about the facts. Otherwise it is more important to verify your charge than to heighten it, since the horrible nature of a charge is in favour of the accused, until the charge is proved. For it is just the most flagrant crimes that are the most difficult to prove.
1291	Item fieri non inutiliter potest ut , si merita in adversarium aliqua exposueris , in ingratum inveharis , aut , si varietatem criminum narratione demonstraveris , quantum ob ea periculum intentetur , ostendas .	Again a digression may be advantageous if after setting forth the services rendered by your client to his opponent you denounce the latter for his ingratitude, or after producing a variety of charges in your statement, you point out the serious danger in which the advancement of such charges is likely to involve you.
1292	Verum haec breviter omnia . Iudex enim ordine audito festinat ad probationem et quam primum certus esse sententiae cupit . Praeterea cavendum est , ne ipsa expositio vanescat , aversis in aliud animis et inani mora fatigatis .	But all these digressions should be brief. For as soon as he has heard the facts set forth in order, the judge is in a hurry to get to the proof and desires to satisfy himself of the correctness of his impressions at the earliest possible moment. Further, care must be taken not to nullify the effect of the statement by diverting the minds of the court to some other theme and wearying them by useless delay.