Institutio Oratoria |
Translator: Harold Edgeworth Butler
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| 1597 |
Quaedam argumenta ponere satis non est , adiuvanda sunt : cupiditas causa sceleris fuit , quae sit vis eius : ira , quantum efficiat in animis hominum talis adfectio ; ita et firmiora erunt ipsa et plus habebunt decoris , si non nudos et velut carne spoliatos artus ostenderint .
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There are certain arguments, which must not merely be stated, but supported as well. If we say, "The motive for the crime was greed," we must show the force of greed as a motive: if we say that anger was the motive, we must show the sway that this passion has over the minds of men. Thus our arguments will not only be strengthened, but will be more ornamental as well, since we shall have produced something more than a mere fleshless skeleton. It also makes an enormous difference, |
| 1598 |
Multum etiam refert , si argumento nitemur odii , utrum hoc ex invidia sit an ex iniuria an ex ambitu , vetus an novum , adversus inferiorem , parem , superiorem , alienum , propinquum . Suos habent omnia ista tractatus et ad utilitatem partis eius quam tuemur referenda sunt .
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supposing that we allege hatred as the motive for a crime, whether such hatred was due to envy, injury or unlawful influence, whether it was recent or of long standing, whether it was directed against an inferior, an equal or a superior, against a stranger or a relative. There are special methods for the treatment of all these arguments, and tile treatment to be selected will depend on the interests of the case which we are defending. |
| 1599 |
Nec tamen omnibus semper , quae invenerimus , argumentis onerandus est iudex , quia et taedium adferunt et fidem detrahunt . Neque enim potest iudex credere satis esse ea potentia , quae non putamus ipsi sufficere qui diximus . In rebus vero apertis argumentari tam sit stultum quam in clarissimum solem mortale lumen inferre .
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On tile other hand we must not always burden the judge with all the arguments we have discovered, since by so doing we shall at once bore him and render him less inclined to believe us. For he will hardly suppose those proofs to be valid which we ourselves who produce them regard as insufficient. On the other hand, where the facts are fairly obvious, it would be as foolish to argue about them as to bring some artificial light into broad sunlight. |
| 1600 |
His quidam probationes adiiciunt , quas παθητικάς vocant , ductas ex adfectibus . Atque Aristoteles quidem potentissimum putat ex eo , qui dicit , si sit vir bonus ; quod ut optimum est , ita longe quidem , sed sequitur tamen , videri .
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To these proof's some authorities would add those which they call pathetic or emotional. Aristotle indeed holds that the strongest argument in support of a speaker is that he is a good man. This no doubt is the best support, but to seem good is also of value, though the semblance is but a bad second to the reality. |
| 1601 |
Inde enim ilia nobilis Scauri defensio : Q . Varius Sucronensis ait Aemilium Scaurum rem publicam populi Romani prodidisse ; Aemilius , Scaurus negat .Cui simile quiddam fecisse Iphicrates dicitur , qui cum Aristophontem , quo accusante similis criminis reus erat , interrogasset , an is accepta pecunia rem publicam proditurus esset ; isque id negasset : Quod igitur , inquit , tu non fecisses , ego feci ?
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Of this nature is the noble defence of Scaurus. " Quintus Varius of Sucro asserts that Aemilius Scaurus has betrayed the interests of the Roman people: Aemilius Scaurus denies it. " A similar defence is said to have been employed by Iphicrates : he asked Aristophon who was accusing him on a similar charge of treason whether lie would consent to betray his country for a bribe: when Aristophon replied in the negative, he continued, "Have I then done what you would have refused to do?" |
| 1602 |
Intuendum autem et qui sit apud quem dicimus , et id quod illi maxime probabile videatur requirendum ; qua de re locuti sumus in prohoemii et suasoriae praeceptis .
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We must however take the character of the judge into consideration and seek out such arguments as will appeal to him. I have already spoken of this in the rules which I laid down for the exordium and for deliberative oratory. |
| 1603 |
Altera ex adfirmatione probatio est : Ego hoc feci ; Tu mihi hoc dixisti ; et O facinus indignum ! et similia ; quae non debent quidem deesse orationi et , si desunt , multum nocent ; non tamen habenda sunt inter magna praesidia , cum hoc in eadem causa fieri ex utraque parte similiter possit . Illae firmiores ex sua cuique persona probationes ,
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Another form of proof is provided by asseveration as in "I did this, "You told me this," or "O outrageous crime!" and the like. Every pleading should contain some such asseverations; if it does not, the loss will be considerable. Still asseverations must not be regarded as supports of the first importance, since they can be produced by either party in the same case with the same emphasis. |
| 1604 |
quae credibilem rationem subiectam habeant : ut vulneratus aut filio orbatus non fuerit alium accusaturus quam nocentem , quando , si negotium innocenti facit , liberet eum noxa qui admiserit . Hinc et patres adversus liberos et adversus suos quisque necessarios auctoritatem petunt .
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A more forcible kind of proof is that drawn from character and supported by some plausible reason, as for instance, " It is not likely that a wounded man or one who has lost his son would accuse anyone who is not guilty, since if he accused an innocent man, he would free the real offender from all risk of punishment. " It is from such arguments that fathers seek support when pleading against their sons or one relative against another. |
| 1605 |
Quaesitum etiam , potentissima argumenta primone ponenda sint loco , ut occupent animos , an summo , ut inde dimittant , an partita primo summoque , quod Homerica dispositione in medio sint infirma , ut ab aliis crescant ? Quae prout ratio causae cuiusque postulabit , ordinabuntur , uno , ut ego censeo , excepto , ne a potentissimis ad levissima decrescat oratio .
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The further question has been raised as to whether the strongest arguments should be placed first, to take possession of the judge's mind, or last, to leave an impression on it; or whether they should be divided between the commencement and close of the proof, adopting the Homeric disposition of placing the weakest in the centre of the column, so that they may derive strength from their neighbours. But in the disposition of our arguments we must be guided by the interests of the individual case: there is only one exception to this general rule in my opinion, namely, that we should avoid descending from the strongest proofs to the weakest. |
| 1606 |
Ego haec breviter demonstrasse contentus ita posui , ut locos ipsos et genera quam possem apertissime ostenderem . Quidam exsecuti sunt verbosius , quibus placuit ,proposita locorum communium materia , quo quaeque res modo dici posset , ostendere ; sed mihi supervacuum videbatur .
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I have been content to give a brief outline of my views concerning these points, and have put them forward in such a way as to show as clearly as was in my power the various topics and kinds of arguments. Others have dealt with the subject at greater length, preferring to deal with the whole subject of commonplaces and to show how each topic may be treated. |
| 1607 |
Nam et fere apparet , quid in iniuriam , quid in avaritiam , quid in testem inimicum , quid in potentes amicos dicendum sit ; et de omnibus his omnia dicere infinitum est , tam hercule quam si controversiarum , quae sint quaeque futurae sint , quaestiones , argumenta , sententias tradere velim .
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This seems to me unnecessary, since it is as a rule obvious what should be said against the injurious conduct or avarice of our opponents, or against a hostile witness or powerful friends; to say everything on all these subjects is an endless task, as endless in fact as if I were to attempt to lay down rules for dealing with every dispute that can ever occur and all the questions, arguments and opinions thereby involved. |
| 1608 |
Ipsas autem argumentorum velut sedes non me quidem omnes ostendisse confido , plurimas tamen . Quod eo diligentius faciendum fuit , quia declamationes , quibus ad pugnam forensem velut praepilatis exerceri solebamus , olim iam ab illa vera imagine orandi recesserunt atque ad solam compositae voluptatem nervis carent , non alio medius fidius vitio dicentium , quam quo mancipiorum negotiatores formae puerorum virilitate excisa lenocinantur .
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I do not venture to suppose that I have pointed out all the circumstances that may give rise to arguments, but I think that I have done so in the majority of cases. This was a task which required all the more careful handling because the declamations, which we used to employ as foils wherewith to practise for the duels of the forum, have long since departed from the true form of pleading and, owing to the fact that they are composed solely with the design of giving pleasure, have become flaccid and nerveless: indeed, declaimers are guilty of exactly the same offence as slave-dealers who castrate boys in order to increase tile attractions of their beauty. |
| 1609 |
Nam ut illi robur ac lacertos barbamque ante omnia et alia , quae natura proprie maribus dedit , parum existimant decora , quaeque fortia , si liceret , forent ut dura molliunt , ita nos habitum ipsum orationis virilem et illam vim stricte robusteque dicendi tenera quadam elocutionis cute operimus et , dum levia sint ac nitida , quantum valeant , nihil interesse arbitramur .
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For just as the slave-dealer regards strength and muscle, and above all, the beard and other natural characteristics of manhood as blemishes, and softens down all that would be sturdy if allowed to grow, on the ground that it is harsh and hard, even so we conceal the manly form of eloquence and power of speaking closely and forcibly by giving it a delicate complexion of style and, so long as what we say is smooth and polished, are absolutely indifferent as to whether our words have any power or no. |
| 1610 |
Sed mihi naturam intuenti nemo non vir spadone formosior erit , nec tam aversa unquam videbitur ab opere suo providentia , ut debilitas inter optima inventa sit , nec id ferro speciosum fieri putabo , quod , si nasceretur , monstrum erat . Libidinem iuvet ipsum effeminati sexus mendacium , numquam tamen hoc continget malis moribus regnum ut , si qua pretiosa fecit , fecerit et bona .
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But I take Nature for my guide and regard any man whatsoever as fairer to view than a eunuch, nor can I believe that Providence is ever so indifferent to what itself has created as to allow weakness to be an excellence, nor again can I think that the knife can render beautiful that which, if produced in the natural course of birth, would be regarded as a monster. A false resemblance to the female sex may in itself delight lust, if it will, but depravity of morals will never acquire such ascendancy as to succeed in giving real value to that to which it has succeeded in giving a high price. |
| 1611 |
Quapropter eloquentiam , licet hanc ( ut sentio enim , dicam ) libidinosam resupina voluptate auditoria probent , nullam esse existimabo , quae ne minimum quidem in se indicium masculi et incorrupti , ne dicam gravis et sancti viri , ostentet .
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Consequently, although this debauched eloquence (for I intend to speak with the utmost frankness) may please modern audiences by its effeminate and voluptuous charms, I absolutely refuse to regard it as eloquence at all: for it retains not the slightest trace of purity and virility in itself, not to say of these qualities in the speaker. |
| 1612 |
An vero statuarum artifices pictoresque clarissimi , cum corpora quam speciosissima fingendo pingendove efficere cuperent , numquam in hunc inciderunt errorem , ut Bagoam aut Megabyzum aliquem in exemplum operis sumerent sibi , sed Doryphoron illum aptum vel militiae vel palaestrae , aliorum quoque iuvenum bellicosorum et athletarum corpora decora vere existimaverunt : nos , qui oratorem studemus effingere , non arma sed tympana eloquentiae demus ?
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When the masters of sculpture and painting desired to carve or paint forms of ideal beauty, they never fell into the error of taking some Bagoas or Megabyzus as models, but rightly selected the well-known Doryphorus, equally adapted either for the fields of war or for the wrestling school, and other warlike and athletic youths as types of physical beauty. Shall we then, who are endeavouring to mould the ideal orator, equip eloquence not with weapons but with timbrels? |
| 1613 |
Igitur et ille , quem instituimus , adolescens , quam maxime potest , componat se ad imitationem veritatis , initurusque frequenter forensium certaminum pugnam iam in schola victoriam spectet et ferire vitalia ac tueri sciat ; et praeceptor id maxime exigat , inventum praecipue probet . Nam , ut ad peiora iuvenes laude ducuntur , ita laudari in bonis malent . Nunc illud male est ,
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Consequently, let the youth whom we are training devote himself, as far as in him lies, to the imitation of truth and, in view of the fact that the battles of the forum that await him are not few, let him strive for victory in the schools and learn how to strike the vitals of his foe and protect his own; and let his instructor insist on his doing this above all else and reserve his special approval for the mastery of this art. For though young men may be lured to evil practices by praise, they still prefer to be praised for what is right. |
| 1614 |
quod necessaria plerumque silentio transeunt , nec in dicendo videtur inter bona utilitas . Sed haec et in alio nobis tractata sunt opere et in hoc saepe repetenda . Nunc ad ordinem inceptum .
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At the present time the misfortune is that teachers more often than not pass over what is necessary in silence, and utility is not accounted one of the good qualities of eloquence. But I have dealt with these points in another work, and shall often have to recur to them in this. I will now return to my prescribed course. |
| 1615 |
Refutatio dupliciter accipi potest . Nam et pars defensoris tota est posita in refutatione , et quae dicta sunt ex diverso debent utrinque dissolvi . Et hoc est proprie , cui in causis quartus adsignatur locus . Sed utriusque similis condicio est . Neque vero ex aliis locis ratio argumentorum in hac parte peti potest quam in confirmatione , nece locorum aut sententiarum aut verborum et figurarum alia condicio est .
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Refitation may be understood in two senses. For the duty of the defence consists wholly in refutation, while whatever is said by our opponents must be rebutted, whether we are speaking for the defence or the prosecution. It is in this sense that refutation is assigned the fourth place in pleadings, but the methods required in either case are identical. For the principles of argument in refutation can only be drawn from the same sources as those used in proof, while topics and thoughts, words and figures will all be on the same lines. |
| 1616 |
Adfectus plerumque haec pars mitiores habet . Non sine causa tamen difficilius semper est creditum , quod Cicero saepe testatur , defendere quam accusare . Primum , quod est res illa simplicior , proponitur enim uno modo , dissolvitur varie , cum accusatori satis sit plerumque , verum esse id , quod obiecerit , patronus neget , defendat , transferat , excuset , deprecetur , molliat , minuat , avertat , despiciat , derideat . Quare inde recta fere atque , ut sic dixerim , clamosa est actio ; hinc mille flexus et artes desiderantur .
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As a rule no strong appeal to the emotions is made in refutation. It is not, however, without reason that, as Cicero so often testifies, the task of defence has always been considered harder than that of prosecution. In the first place accusation is a simpler task: for the charge is put forward in one definite form, but its refutation may take a number of different forms, since as a rule it is sufficient for the accuser that his charge should be true, whereas counsel for the defence may deny or justify the facts, raise the question of competence, make excuses, plead for mercy, soften, extenuate, or divert the charge, express contempt or derision. The task of the accuser is consequently straightforward and, if I may use the phrase, vociferous; but the defence requires a thousand arts and stratagems. |
| 1617 |
Tum accusator praemeditata pleraque domo adfert , patronus etiam inopinatis frequenter occurrit . Accusator dat testem , patronus ex re ipsa refellit . Accusator e criminum invidia , etsi falsa sit , materiam dicendi trahit , de parricidio , sacrilegio , maiestate ; quae patrono tantum neganda sunt . Ideoque accusationibus etiam mediocres in dicendo suffecerunt ; bonus defensor nemo nisi qui eloquentissimus fuit . Quanquam ut , quod sentio , semel finiam , tanto est accusare quam defendere , quanto facere quam sanare vulnera , facilius .
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Moreover the prosecutor generally produces a speech which he has prepared at home, while the counsel for the defence has frequently to deal with quite unexpected points. The prosecutor brings forward his witnesses, while counsel for the defence has to refute the charge by arguments drawn from the case itself. The prosecutor draws his material from the odium excited by the charges, even though it have no justification, denouncing parricide, sacrilege, or treason, whereas counsel for the defence can only deny them. Consequently quite moderate speakers have proved adequate in prosecution, while no one can be a good counsel for the defence unless he possesses real eloquence. In a word, it is just so much easier to accuse than to defend as it is easier to inflict than to heal a wound. |
| 1618 |
Plurimum autem refert , et quid proposuerit adversarius et quomodo . Primum igitur intuendum est , id , cui responsuri sumus , proprium sit eius iudicii an ad causam extra arcessitum . Nam si est proprium , aut negandum aut defendendum aut transferendum ; extra haec in iudiciis fere nihil est .
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The nature of the arguments put forward by our opponent and the manner in which he produces them will, however, make an enormous difference to our task. We must therefore first consider what it is to which we have to reply, whether it is part and parcel of the actual case or has been introduced from circumstances lying outside the case. For in the former case we must deny or justify the facts or raise the question of competence: for these are practically the sole methods of defence available in the courts. Pleas for mercy, |
| 1619 |
Deprecatio quidem , quae est sine ulla specie defensionis , rara admodum et apud eos solos indices , qui nulla certa pronuntiandi forma tenentur . Quamquam illae quoque apud C . Caesarem et triumuiros pro diuersarum partium hominibus actiones , etiamsi precibus utuntur , adhibent tamen patrocinia ; nisi hoc non fortissime defendentis est dicere , Quid aliud egimus , Tubero , nisi ut ,
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which are not in any sense a method of actual defence, can rarely be used, and only before judges who are not limited to some precise form of verdict. Even those speeches delivered before Gaius Caesar and the triumvirs on behalf of members of the opposite party, although they do employ such pleas for mercy, also make use of the ordinary methods of defence. For I think you will agree with me that the following passage contains arguments of a strongly defensive character : "What was our object, Tubero, save that we might have the power that Caesar has now" But if, |
| 1620 |
quod hic potest , nos possemus ?Quodsi quando apud principem aliumve , cui utrum velit liceat , dicendum erit , dignum quidem morte eum , pro quo loquemur , clementi tamen servandum esse vel talem , primum omnium non erit res nobis cum adversario sed cum iudice , deinde forma deliberativae magis materiae quam iudicialis utemur . Suadebimus enim ut laudem humanitatis potius quam voluptatem ultionis concupiscat .
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when pleading before the emperor or any other person who has power either to acquit or condemn, it is incumbent on us to urge that, while our client has committed an offence that deserves the death penalty, it is still the duty of a merciful judge to spare him despite his sins, it must be noted in the first place that we have to deal, not with our adversary, but with the judge, and secondly that we shall have to employ the deliberative rather than the forensic style. For we shall urge the judge to fix his desire rather on the glory that is won by clemency than on the pleasure that is given by vengeance. |
| 1621 |
Apud indices quidem secundum legem dicturos sententiam de confessis praecipere ridiculum est . Ergo , quae neque negari neque transferri possunt , utique defendenda sunt , qualiacunque sunt , aut causa cedendum . Negandi duplicem ostendimus formam , aut non esse factum aut non hoc esse , quod factum sit . Quae neque defendi neque transferri possunt , utique neganda , nec solum si finitio potest esse pro nobis , sed etiam si nuda infitiatio superest .
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On the other hand, when we are pleading before judges who have to give their verdict in accordance with the prescriptions of law, it would be absurd to give them advice as to how they should deal with a criminal who admits his guilt. Consequently, when it is impossible either to deny the facts or to raise the question of competence, we must attempt to justify the facts as best we can, or else throw up the case. I have pointed out that there are two ways in which a fact can be denied: it can be denied absolutely, or it may be denied that a fact is of the nature alleged. When it is impossible to plead justification or to raise the question of competence, we must deny the facts, and that not merely when a definition of the facts will serve our case, but even when nothing except an absolute denial is left for us. |
| 1622 |
Testes erunt , multa in eos dicere licet ; chirographum , de similitudine litterarum disseremus . Utique nihil erit peius quam confessio . Ultima est actionis controversia , cum defendendi negandive non est locus ,
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If witnesses are produced, there is much that may be said to discredit them; if a document is put forward, we may hold forth on the similarity of the handwritings. In any case there can be no worse course than confession of guilt. When denial and justification are both impossible, we must as a last resort base our defence on the legal point of competence. |
| 1623 |
id est translatio . Atqui quaedam sunt , quae neque negari neque defendi neque transferri possunt . Adulterii rea est quae , cum anno vidua fuisset , enixa est ; lis non erit . Quare illud stultissime praecipitur , quod defendi non possit , silentio dissimulandum : siquidem est id , de quo iudex pronuntiaturus est .
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Still, there are some cases in which none of these three courses is possible. " She is accused of adultery on the ground that after a widowhood of twelve months she was delivered of a child. " In this case there is no ground for dispute. Consequently I regard as the height of folly the advice that is given in such cases, that what cannot be defended should be ignored and passed over in silence, at any rate if the point in question is that on which the judge has to give his decision. |
| 1624 |
At si extra causam sit adductum et tantum coniunctum , malim quidem dicere , nihil id ad quaestionem nec esse in iis morandum et minus esse quam adversarius dicat ; tamen velut huic simulationi oblivionis ignoscam . Debet enim bonus advocatus pro rei salute brevem negligentiae reprehensionem non pertimescere . Videndum etiam ,
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On the other hand, if the allegation is irrelevant to the actual case and no more than accessory, I should prefer simply to state that it has nothing to do with the question at issue, that it is not worth our attention, and that it has not the importance given to it by our opponent, though in such a case I should be prepared to pardon a policy of ignoring the charge such as I have just mentioned. For a good advocate ought not to be afraid of incurring a trivial censure for negligence, if such apparent negligence is likely to save his client. |
| 1625 |
simul nobis plura aggredienda sint an amolienda singula . Plura simul invadimus , si aut tam infirma sunt , ut pariter impelli possint , aut tam molesta , ut pedem conferre cum singulis non expediat ; tum enim toto corpore obnitendum et , ut sic dixerim , directa fronte pugnandum est . Interim ,
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We must further consider whether we should attack our opponent's arguments en masse or dispose of them singly. We shall adopt the former course if the arguments are so weak that they can be overthrown simultaneously, or so embarrassing that it would be inexpedient to grapple with them individually. For in such a case we must fight with all the force at our disposal and make a frontal attack. Sometimes, |
| 1626 |
si resolvere ex parte diversa dicta difficilius erit , nostra argumenta cum adversariorum argumentis conferemus , si modo haec ut valentiora videantur effici poterit . Quae vero turba ualebunt , diducenda erunt , ut , quod paulo ante dixi : Heres eras et pauper et magna pecunia appellabaris a creditoribus et offenderas et mutaturum tabulas testamenti sciebas .
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if it is difficult to refute the statements made by our opponents, we may compare our arguments with theirs, at least if by such a procedure it is possible to prove the superiority of our own. On the other hand, those arguments which rely on their cumulative force must be analysed individually, as for example in the case which I cited above: " You were the heir, you were poor and were summoned by your creditors for a large sum: you had offended him and knew that he intended to change his will. " |
| 1627 |
Urgent universa ; at si singula quaeque dissolveris , iam illa flamma , quae magna congerie convaluerat , diductis quibus alebatur , concidet , ut , si vel maxima flumina in rivos diducantur , qualibet transitum praebent . Itaque propositio quoque secundum hanc utilitatem accommodabitur , ut ea nunc singula ostendamus , nunc complectamur universa .
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The cumulative force of these arguments is damaging. But if you refute them singly, the flame which derived its strength from the mass of fuel will die down as soon as the material which fed it is separated, just as if we divert a great stream into a number of channels we may cross it where we will. We shall therefore adapt our method of refutation to the exigencies of our case, now dealing with individual arguments and now treating them in bulk. |
| 1628 |
Nam interim quod pluribus collegit adversarius , sat est semel proponere ; ut , si multas causas faciendi , quod arguit , reo dicet accusator fuisse , nos , non enumeratis singulis , semel hoc in totum negemus , quia non , quisquis causam faciendi sceleris habuit , et fecerit .
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For at times we may include in a single proposition the refutation of an argument which our opponent has constructed of a number of different points. For instance, if the accuser allege that the accused had a number of motives for committing a crime, we may make a general denial of the fact without dealing singly with each alleged motive, because the fact that a man has had a motive for committing a crime does not prove that he has actually committed it. |
| 1629 |
Saepius tamen accusatori congerere argumenta , reo dissolvere expediet . Id autem , quod erit ab aduersario dictum , quomodo refutari debeat , intuendum est . Nam si erit palam falsum , negare satis est , ut pro Cluentio Cicero eum , quem dixerat accusator epoto poculo concidisse , negat eodem die mortuum .
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It will however as a rule be expedient for the prosecution to employ massed arguments, and for the accused to refute them in detail. We must, however, also consider the manner in which we should refute the arguments of our opponent. If his statements be obviously false, it will be sufficient to deny them. This is done by Cicero in the pro Cluentio, where he denies that the man alleged by the accuser to have fallen dead on the spot after drinking the contents of the cup, died on the same day. |
| 1630 |
Palam etiam contraria et supervacua et stulta reprehendere nullius est artis , ideoque nec rationes eorum nec exempla tradere necesse est . Id quoque ( quod obscurum vocant ) , quod secreto et sine teste aut argumento dicitur factum , satis natura sua infirmum est ; sufficit enim , quod adversarius non probat ; item si ad causam non pertinet .
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Again, it requires no skill to rebut arguments which are obviously contradictory, superfluous or foolish, and consequently I need give no examples nor instructions as to the method to be employed. There is also the type of charge which is known as obscure, where it is alleged that an act was committed in secret without witnesses or any evidence to prove it: this suffers from an inherent weakness, since the fact that our opponent can produce no proof is sufficient for our purpose: the same applies to arguments which are irrelevant to the case. |
| 1631 |
Est tamen interim oratoris efficere , ut quid aut contrarium esse aut a causa diversum aut incredibile aut supervacuum aut nostrae potius causae videatur esse coniunctum . Obiicitur Oppio , quod de militum cibariis detraxerit ; asperum crimen , sed id contrarium ostendit Cicero , quia iidem accusatores obiecerint Oppio , quod is voluerit exercitum largiendo corrumpere .
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It is, however, sometimes an orator's duty to make it appear that some argument of his opponent is contradictory or irrelevant or incredible or superfluous or really favourable to his own client. Oppius is charged with having embezzled the supplies intended to feed the troops. It is a serious charge, but Cicero shows that it contradicts other charges, since the same accusers also charged Oppius with desiring to corrupt the army by bribes. |
| 1632 |
Testes in Cornelium accusator lecti a tribuno codicis pollicetur ; facit hoc Cicero supervacuum , quia ipse fateatur . Petit accusationem in Verrem Q . Caecilius , quod fuerat quaestor eius ; ipsum Cicero ut pro se videretur effecit .
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The accuser of Cornelius offers to produce witnesses to show that he read out the law when tribune : Cicero makes this argument superHuous by admitting it. Quintus Caecilius demands to be entrusted with the task of accusing Verres on the ground that he had been the latter's quaestor: Cicero actually makes this argument tell in his own favour. |
| 1633 |
Cetera , quae proponuntur , communis locus habet . Aut enim coniectura excutiuntur , an vera sint ; aut finitione , an propria ; aut qualitate , an inhonesta , iniqua , improba , inhumana , crudelia et cetera , quae ei generi accident .
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As regards other charges, they may all be dealt with by very similar methods. For they may be demolished either by conjecture, when we shall consider whether they are true, by definition, when we shall examine whether they are relevant to the case, by quality, when we shall consider whether they are dishonourable, unfair, scandalous, inhuman, cruel, or deserve any other epithet coming under the head of quality. |
| 1634 |
Eaque non modo in propositionibus et rationibus sed in toto genere actionis intuenda : an sit crudelis , ut Labieni in Rabirium lege perduellionis ; inhumana , ut Tuberonis Ligarium exulem accusantis atque id agentis ne ei Caesar ignoscat ;
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Such questions have to be considered, not merely in connection with the statement of the charges or the reasons alleged, but with reference to the nature of the case in its entirety. For instance, the question of cruelty is considered with regard to the charge of high treason brought against Rabirius by Labienus; of inhumanity in the case of Tubero who accused Ligarius when he was an exile and attempted to prevent Caesar from pardoning him; of arrogance as in the case of the charge brought against Oppius on the strength of a letter of Cotta. |