Institutio Oratoria |
Translator: Harold Edgeworth Butler
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| 2623 |
Vel alio transeundi gratia : Cominius autem — tametsi ignoscite mihi , iudices .In quo est et illa ( si tamen inter schemata numerari debet , cum aliis etiam pars causae videatur ) digressio ; abit enim causa in laudes Cn . Pompeii , idque fieri etiam sine ἀποσιωπήσει potuit .
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Again it may be employed as a means of transition, as, for example, "Cominius, however— nay, pardon me, gentlemen." This last instance also involves digression, if indeed digression is to be counted among figures, since some authorities regard it as forming one of the parts of a speech. For at this point the orator diverges to sing the praises of Gnaeus Pompeius, which he might have done without any recourse to aposiopesis. |
| 2624 |
Nam brevior illa , ut ait Cicero , a re digressio plurimis fit modis . Sed haec exempli gratia sufficient : Tum C . Varenus , is qui a familia Anchariana occisus est ; hoc , quaeso , iudices , diligenter attendite ; et pro Milone Et aspexit me illis quidem oculis , quibus tum solebat , cum omnibus omnia minabatur .
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For as Cicero says, the shorter form of digression may be effected in a number of different ways. The following passages will, however, suffice as examples: " Then Gaius Varenus, that is, the Varenus who was killed by the slaves of Ancharius:—I beg you, gentlemen, to give careful attention to what I am about to say ; " the second is from the pro Milone : " Then he turned on me that glance, which it was his wont to assume, when he threatened all the world with every kind of violence. " |
| 2625 |
Est alia non quidem reticentia , quae sit imperfecti sermonis , sed tamen praecisa velut ante legitimum finem oratio : ut illud Nimis urgeo , commoveri videtur adolescens ; et Quid plura ? ipsum adolescentem dicere audistis .Imitatio morum alienorum ,
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There is also another kind of figure, which is not aposiopesis, since that involves leaving a sentence unfinished, but consists in bringing our words to a close before the natural point for their conclusion. The following is an example : "I am pressing my point too far; the young man appears to be moved" ; or "Why should I say more? you heard the young man tell the story himself." The imitation of other persons' characteristics, |
| 2626 |
quae ἠθοποιία vel , ut alii malunt , μίμησις dicitur , iam inter leniores adfectus numerari potest ; est enim posita fere in eludendo , sed versatur et in factis et in dictis . In factis , quod est ὑποτυπώσει vicinum ; in dictis , quale est apud Terentium : " At ego nesciebam , quorsum tu ires . Parvula Hinc est abrepta , eduxit mater pro sua , Soror dicta est : cupio abducere , ut reddam suis . "
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which is styled ἠθοποιί͂α or, as some prefer μίμησις may be counted among the devices which serve to excite the gentler emotions. For it consists mainly in banter, though it may be concerned either with words or deeds. If concerned with the latter, it closely resembles ὑποτύπωσις while the following passage from Terence will illustrate it as applied to words: " I didn't see your drift. 'A little girl was stolen from this place; my mother brought her up as her own daughter. She was known as my sister. I want to get her away to restore her to her relations.' " |
| 2627 |
Sed nostrorum quoque dictorum factorumque similis imitatio est per relationem , nisi quod frequentius asseverat quam eludit : Dicebam habere eos actorem Q . Caecilium . Sunt et illa iucunda et ad commendationem cum varietate tum etiam ipsa natura plurimum prosunt , quae simplicem quandam et non praeparatam ostendendo orationem minus nos suspectos iudici faciunt .
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We may, however, imitate our own words and deeds in a similar fashion by relating some act or statement, though in such cases the speaker more frequently does so to assert his point than for the sake of banter, as, for example, in the following, "I said that they had Quintus Caecilius to conduct the prosecution." There are other devices also which are agreeable in themselves and serve not a little to commend our case both by the introduction of variety and by their intrinsic naturalness, since by giving our speech an appearance of simplicity and spontaneity they make the judges more ready to accept our statements without suspicion. |
| 2628 |
Hinc est quasi paenitentia dicti , ut pro Caelio Sed quid ego ita gravem personam introduxi ? Et quibus utimur vulgo : Imprudens incidi . Vel cui quaerere nos , quid dicamus , fingimus : Quid reliquum est ? et Num quid omisi et cum ibidem invenire , ut ait Cicero : Unum etiam mihi relicum huiusmodi modi est ; et Aliud ex alio succurrit mihi .
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Thus we may feign repentance for what we have said, as in the pro Caelio, where Cicero says, "But why did I introduce so respectable a character?" Or we may use some common phrase, such as, "I didn't mean to say that." Or we may pretend that we are searching for what we should say, as in the phrases, "What else is there?" or "Have I left anything out?" Or we may pretend to discover something suggested by the context, as when Cicero says, "One more charge, too, of this sort still remains for me to deal with," or "One thing suggests another." |
| 2629 |
Unde etiam venusti transitus fiunt ; non quia transitus ipse sit schema , ut Cicero , narrato Pisonis exemplo , qui anulum sibi cudi ab aurifice in tribunali suo iusserat , velut hoc in memoriam inductus adiecit : Hic modo me commonuit Pisonis anulus , quod totum effluxerat . Quam mullis istum putatis hominibus honestis de digitis anulos aureos abstulisse ? Et cum aliqua velut ignoramus : Sed earum rerum artifice , quem ? quemnam ? Recte admones , Polyclitum esse dicebant .
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Such methods will also provide us with elegant transitions, although transition is not itself to be ranked among figures: for example, Cicero, after telling the story of Piso, who ordered a goldsmith to make a ring before him in court, adds, as though this story had suggested it to him, " This ring of Piso's reminds me of something which had entirely slipped my memory. How many gold rings do you think Verres has stripped from the fingers of honourable men? " Or we may affect ignorance on certain points, as in the following passage : " But who was the sculptor who made those statues? Who was he? Thank you for prompting me, you are right; they said it was Polyclitus. " |
| 2630 |
Quod quidem non in hoc tantum valet . Quibusdam enim , dum aliud agere videmur , aliud efficimus , sicut hic Cicero consequitur , ne , cum morbum in signis atque tabulis obiiciat Verri , ipse quoque earum rerum studiosus esse credatur . Et Demosthenes iurando per interfectos in Marathone et Salamine id agit , ut minore invidia cladis apud Chaeroneam acceptae laboret .
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This device may serve for other purposes as well. For there are means of this kind whereby we may achieve an end quite other than that at which we appear to be aiming, as, for example, Cicero does in the passage just quoted. For while he taunts Verres with a morbid passion for acquiring statues and pictures, he succeeds in creating the impression that he personally has no interest in such subjects. So, too, when Demosthenes swears by those who fell at Marathon and Salamis, his object is to lessen the odium in which he was involved by the disaster at Chaeronea. |
| 2631 |
Faciunt illa quoque iucundam orationem , aliqua mentione habita differre et deponere apud memoriam iudicis et reposcere quae deposueris , et iterare quaedam schemate aliquo , ( non enim est ipsa per se iteratio schema ) et excipere aliqua et dare actioni varios velut vultus . Gaudet enim res varietate , et sicut oculi diversarum aspectu rerum magis detinentur , ita semper animis praestat , in quod se velut novum intendant .
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We may further lend charm to our speech by deferring the discussion of some points after just mentioning them, thus depositing them in the safe keeping of the judge's memory and afterwards reclaiming our deposit; or we may employ some figure to enable us to repeat certain points (for repetition is not in itself a figure) or may make especial mention of certain things and vary the aspect of our pleading. For eloquence delights in variety, and just as the eye is more strongly attracted by the sight of a number of different things, so oratory supplies a continuous series of novelties to rivet the attention of the mind. |
| 2632 |
Est emphasis etiam inter figuras , cum ex aliquo dicto latens aliquid eruitur , ut apud Vergilium Non licuit thalami expertem sine crimine vitam Degere more ferae ? quamquam enim de matrimonio queritur Dido , tamen huc erumpit eius adfectus , ut sine thalamis vitam non hominum putet , sed ferarum . Aliud apud Ovidium genus , apud quem Zmyrna nutrici amorem patris sic confitetur ; " O , dixit , felicem coniuge matrem " Huic vel confinis vel eadem est ,
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Emphasis may be numbered among figures also, when some hidden meaning is extracted from some phrase, as in the following passage from Virgil: "Might I not have lived, From wedlock free, a life without a stain, Happy as beasts are happy?" For although Dido complains of marriage, yet her passionate outburst shows that she regards life without wedlock as no life for man, but for the beasts of the field. A different kind of emphasis is found in Ovid, where Zmyrna confesses to her nurse her passion for her father in the following words: "O mother, happy in thy spouse!" |
| 2633 |
qua nunc utimur plurimum . Iam enim ad id genus , quod et frequentissimum est et exspectari maxime credo , veniendum est , in quo per quandam suspicionem quod non dicimus accipi volumus , non utique contrarium , ut in Εἰρωνείᾳ , sed aliud latens et auditori quasi inveniendum . Quod , ut supra ostendi , iam fere solum schema a nostris vocatur , et unde controversiae figuratae dicuntur .
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Similar, if not identical with this figure is another, which is much in vogue at the present time. For I must now proceed to the discussion of a class of figure which is of the commonest occurrence and on which I think I shall be expected to make some comment. It is one whereby we excite some suspicion to indicate that our meaning is other than our words would seem to imply; but our meaning is not in this case contrary to that which we express, as is the case in ironq, but rather a hidden meaning which is left to the hearer to discover. As I have already pointed out, modern rhetoricians practically restrict the name of figure to this device, from the use of which figured controversial themes derive their name. |
| 2634 |
Eius triplex usus est : unus si dicere palam parum tutum est , alter si non decet , tertius qui venustatis modo gratia adhibetur et ipsa novitate ac varietate magis , quam si relatio sit recta , delectat .
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This class of figure may be employed under three conditions: first, if it is unsafe to speak openly; secondly, if it is unseemly to speak openly; and thirdly, when it is employed solely with a view to the elegance of what we say, and gives greater pleasure by reason of the novelty and variety thus introduced than if our meaning had been expressed in straightforward language. |
| 2635 |
Ex his , quod est primum , frequens in scholis est . Nam et pactiones deponentium imperium tyrannorum et post bellum civile senatus consulta finguntur et capitale est obiicere anteacta , ut , quod in foro non expedit , illic nec liceat . Sed schematum condicio non eadem est . Quamlibet enim apertum , quod modo et aliter intelligi possit , in illos tyrannos bene dixeris , quia periculum tantum , non etiam offensa vitatur . Quod si ambiguitate sententiae possit eludi , nemo non illi furto favet .
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The first of the three is of common occurrence in the schools, where we imagine conditions laid down by tyrants on abdication and decrees passed by the senate after a civil war, and it is a capital offence to accuse a person with what is past, what is not expedient in the courts being actually prohibited in the schools. But the conditions governing the employment of figures differ in the two cases. For we may speak against the tyrants in question as openly as we please without loss of effect, provided always that what we say is susceptible of a different interpretation, since it is only danger to ourselves, and not offence to them, that we have to avoid. |
| 2636 |
Vera negotia nunquam adhuc habuerunt hanc silentii necessitatem ; sed aliam huic similem , verum multo ad agendum difficiliorem , cum personae potentes obstant , sine quarum reprehensione teneri causa non possit .
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And if the danger can be avoided by any ambiguity of expression, tile speaker's cunning will meet with universal approbation. On the other hand, the actual business of the courts has never yet involved such necessity for silence, though at times they require something not unlike it, which is much more embarrassing for the speaker, as, for example, when he is hampered by the existence of powerful personages, whom he must censure if he is to prove his case. |
| 2637 |
Ideoque hoc parcius et circumspectius faciendum est , quia nihil interest , quomodo offendas , et aperta figura perdit hoc ipsum quod figura est . Ideoque a quibusdam tota res repudiatur , sive intelligatur sive non intelligatur . Sed licet modum adhibere ; in primis , ne sint manifestae . Non erunt autem , si non ex verbis dubiis et quasi duplicibus petentur , quale est in suspecta nuru , Duxi uxorem , quae patri placuit ;
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Consequently he must proceed with greater wariness and circumspection; since the actual manner in which offence is given is a matter of indifference, and if a figure is perfectly obvious, it ceases to be a figure. Therefore such devices are absolutely repudiated by some authorities, whether the meaning of the figure be intelligible or not. But it is possible to employ such figuress in moderation, the primary consideration being that they should not be too obvious. And this fault can be avoided, if the figre does not depend on the employment of words of doubtful or double meaning, such, for instance, as the words which occur in the theme of the suspected daughter-in-law: "I married the wife who pleased my father." |
| 2638 |
aut , quod est multo ineptius , compositionibus ambiguis , ut in illa controversia , in qua infamis amore filiae virginis pater raptam eam interrogat , a quo vitiata sit , Quis te , inquit , rapuit ? Tu , pater , nescis ?
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It is important, too, that the figure should not depend on ambiguous collocations of words (a trick which is far more foolish than the last); an example of this is to be found in the controversial theme, where a father, accused of a criminal passion for his unmarried daughter, asks her for the name of her ravisher. "Who dishonoured you?" he says. She replies: "My father, do you not know?" |
| 2639 |
Res ipsae perducant iudicem ad suspicionem , et amoliamur cetera , ut hoc solum supersit ; in quo multum etiam adfectus iuvant et interrupta silentio dictio et cunctationes . Sic enim fiet , ut iudex quaerat illud nescio quid ipse , quod fortasse non crederet , si audiret , et ei , quod a se inventum existimat , credat .
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The facts themselves must be allowed to excite the suspicions of the judge, and we must clear away all other points, leaving nothing save what will suggest the truth. In doing this we shall find emotional appeals, hesitation and words broken by silences most effective. For thus the judge will be led to seek out the secret which he would not perhaps believe if he heard it openly stated, and to believe in that which he thinks he has found out for himself. But however excellent our figures, |
| 2640 |
Sed ne si optimae quidem sint , esse debent frequentes . Nam densitate ipsa figurae aperiuntur , nec offensae minus habent , sed auctoritatis ; nec pudor videtur , quod non palam obiicias , sed diffidentia . In summa , sic maxime iudex credit figuris , si nos putat nolle dicere .
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they must not be too numerous. For overcrowding will make them obvious, and they will become ineffective without becoming inoffensive, while the fact that we make no open accusation will seem to be due not to modesty, but to lack of confidence in our own cause. In fact, we may sum up the position thus: our figures will have most effect upon the judge when he thinks that we use them with reluctance. |
| 2641 |
Equidem et in personas incidi tales et in rem quoque , quod est magis rarum , quae obtineri nisi hac arte non posset . Ream tuebar , quae subiecisse dicebatur mariti testamentum , et dicebantur chirographum marito exspiranti heredes dedisse ; et verum erat .
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I myself have come across persons whom it was impossible to convince by other means: I have even come across a much rarer thing, namely, a case which could only be proved by recourse to such devices. I was defending a woman who was alleged to have forged her husband's will, and the heirs were stated to have given a bond to the husband on his deathbed, which latter assertion was true. |
| 2642 |
Nam , quia per leges institui uxor non poterat heres , id fuerat actum , ut ad eam bona per hoc tacitum fideicommissum pervenirent . Et caput quidem tueri facile erat , si hoc diceremus palam , sed peribat hereditas . Ita ergo fuit nobis agendum , ut iudices illud intelligerent factum , delatores non possent apprehendere ut dictum ; et contigit utrumque . Quod non inseruissem , veritus opinionem iactantiae , nisi probare voluissem in foro quoque esse his figuris locum . Quaedam etiam ,
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For since the wife could not legally be appointed his heir, this procedure was adopted to enable the property to be transferred to her by a secret conveyance in trust. Now it was easy for me to secure the woman's acquittal, by openly mentioning the existence of the bond; but this would have involved her loss of the inheritance. I had, therefore, to plead in such a way that the judges should understand that the bond had actually been given, but that informers might be unable to avail themselves of any statement of mine to that effect. And I was successful in both my aims. The fear of seeming to boast my own skill would have deterred me from mentioning this case, but for the fact that I wished to demonstrate that there was room for the employment of these figures even in the courts. |
| 2643 |
quae probare non possis , figura potius spargenda sunt . Haeret enim nonnunquam telum illud occultum , et hoc ipso , quod non apparet , eximi non potest ; at si idem dicas palam , et defenditur et probandum est .
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Some things, again, which cannot be proved, may, on the other hand, be suggested by the employment of some figure. For at times such hidden shafts will stick, and the fact that they are not noticed will prevent their being drawn out, whereas if the same point were stated openly, it would be denied by our opponents and would have to be proved. |
| 2644 |
Cum autem obstat nobis personae reverentia , ( quod secundum posuimus genus ) tanto cautius dicendum est , quanto validius bonos inhibet pudor quam metus . Hic vero tegere nos iudex quod sciamus et verba vi quadam veritatis erumpentia credat coercere . Nam quanto magis aut ipsi , in quos dicimus , aut iudices aut adsistentes oderint hanc maledicendi lasciviam , si velle nos credant ? Aut quid interest quomodo dicatur ,
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When, however, it is respect for some person that hampers us (which I mentioned as the second condition under which such figures may be used), all the greater caution is required because the sense of shame is a stronger deterrent to all good men than fear. In such cases the judge must be impressed with the fact that we are hiding what we know and keeping back the words which our natural impulse to speak out the truth would cause to burst from our lips. For those against whom we are speaking, together with the judges and our audience, would assuredly be all the more incensed by such toying with detraction, if they thought that we were inspired by deliberate malice. |
| 2645 |
cum et res et animus intelligitur ? Quid dicendo denique proficimus , nisi ut palam sit facere nos quod ipsi sciamus non esse faciendum ? Atqui praecipue prima , quibus praecipere coeperam , tempora hoc vitio laborarunt . Dicebant enim libenter tales controversias , quae difficultatis gratia placent , cum sint multo faciliores .
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And what difference does it make how we express ourselves, when both the facts and our feelings are clearly understood? And what good shall we do by expressing ourselves thus except to make it clear that we are doing what we ourselves know ought not to be done? And yet in the days when I first began to teach rhetoric, this failing was only too common. For declaimers selected by preference those themes which attracted them by their apparent difficulty, although as a matter of fact they were much easier than many others. |
| 2646 |
Nam rectum genius adprobari nisi maximis viribus non potest ; haec deverticula et anfractus suffugia sunt infirmitatis , ut qui cursu parum valent , flexu eludant , cum haec , quae adfectatur , ratio sententiarum non procul a ratione iocandi abhorreat . Adiuvat etiam , quod auditor gaudet intelligere , et favet ingenio suo et alio dicente se laudat .
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For straightforward eloquence requires the highest gifts to commend itself to the audience, while these circuitous and indirect methods are merely the refuge of weakness, for those who use them are like men who, being unable to escape from their pursuers by speed, do so by doubling, since this method of expression, which is so much affected, is really not far removed from jesting. Indeed it is positively assisted by the tact that the hearer takes pleasure in detecting the speaker's concealed meaning, applauds his own penetration and regards another man's eloquence as a compliment to himself. |
| 2647 |
Itaque non solum , si persona obstaret rectae orationi , ( quo in genere saepius modo quam figuris opus est ) decurrebant ad schemata , sed faciebant illis locum etiam , ubi inutiles ac nefariae essent , ut si pater , qui infamem in matrem filium secreto occidisset , reus malae tractationis iacularetur in uxorem obliquis sententiis . Nam quid impurius , quam retinuisse talem ?
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Consequently it was not merely in cases where respect for persons prevented direct speaking (a circumstance which as a rule calls for caution rather than figures ) that they would have recourse to figurative methods, but they made room for them even under circumstances where they were useless or morally inadmissible, as for example in a case where a father, who had secretly slain his son whom he suspected of incest with his mother, and was accused of ill-treating his wife, was made to bring indirect insinuations against his wife. |
| 2648 |
Quid porro tam contrarium quam eum , qui accusetur , quia summum nefas suspicatus de uxore videatur , confirmare id ipsa defensione , quod diluendum est ? At si iudicum sumerent animum , scirent , quam eiusmodi actionem laturi non fuissent , multoque etiam minus , cum in parentes abominanda crimina spargerentur .
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But what could be more discreditable to the accused than that he should have kept such a wife? What could be more damaging than that he who is accused because he appears to have harboured the darkest suspicions against his wife, should by his defence confirm the charge which he is required to refute? If such speakers had only placed themselves in the position of the judges, they would have realised how little disposed they would have been to put up with pleading on such lines, more especially in cases where the most abominable crimes were insinuated against parents. |
| 2649 |
Et quatenus huc incidimus , paulo plus scholis demus . Nam et in his educatur orator , et in eo , quomodo declamatur , positum est etiam , quomodo agatur . Dicendum ergo de iis quoque , in quibus non asperas figuras , sed palam contrarias causae plerique fecerunt : Tyrannidis adfectatae damnatis torqueatur , ut conscios indicet ; accusator eius optet , quod volet . Patrem quidam damnavit , optat , ne is torqueatur ; paler ei contra dicit .
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However, since we have lighted on this topic, let us devote a little more time to considering the practice of the schools. For it is in the schools that the orator is trained, and the methods adopted in pleading ultimately depend on the methods employed in declamation. I must therefore say something of those numerous cases in which figures have been employed which were not merely harsh, but actually contrary to the interests of the case. " A man condemned for attempting to establish himself as tyrant shall be tortured to make him reveal the names of his accomplices. The accuser shall choose what reward he pleases. A certain man has secured the condemnation of his father and demands as his reward that he should not be tortured. The father opposes his choice. " |
| 2650 |
Nemo se tenuit agens pro patre , quin figuras in filium faceret , tanquam illum conscium in tormentis nominaturus . Quo quid stultius ? Nam cum hoc iudices intellexerint , aut non torquebitur , cum ideo torqueri velit , aut torto non credetur .
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Everyone who pleaded for the father indulged in figurative insinuations against the son, on the assumption that the father would, when tortured, be likely to name him as one of his accomplices. But what could be more foolish? For as soon as the judges grasp their point, they will either refuse to put him to the torture in view of his motive for desiring to be tortured, or will refuse to believe any confession he may make under torture. But, it will be urged, |
| 2651 |
At credibile est , hoc eum velle . Fortasse ; dissimulet ergo , ut efficiat . Sed nobis ( declamatoribus dico ) quid proderit hoc intellexisse , nisi dixerimus ? Ergo , si vere ageretur , similiter consilium illud latens prodidissemus ? Quid ? si neque utique verum est , et habere alias hic damnatus contradicendi causas potest , vel quod legem conservandam putet , vel quod nolit accusatori debere beneficium , vel ( quod ego maxime sequerer ) ut innocentem se esse in tormentis pertendat ?
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it is possible that this was his motive. May be. But he should then disguise his motive, in order that he may effect his purpose. But what will it profit us (and by us I mean the declaimers) to have realised this motive, unless we declare it as well? Well, then, if the case were being actually pleaded in the courts, should we have disclosed this secret motive in such a way? Again, if this is not the real motive, the condemned man may have other reasons for opposing his son; he may think that the law should be carried out or be unwilling to accept such a kindness from the hands of his accuser, or (and this is the line on which I personally should insist) he may intend to persist in declaring his innocence even under torture. |
| 2652 |
Quare ne illud quidem semper succurret sic dicentibus , Patrocinium hoc voluit , qui controversiam finxit . Fortasse enim noluit ; sed esto , voluerit : continuone , si ille stulte cogitavit , nobis quoque stulte dicendum est ? At ego in causis agendis frequenter non puto intuendum , quid litigator velit .
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Consequently the usual excuse advanced by such declaimers to the effect that the inventor of the theme meant the defence to proceed on these lines, will not always serve their purpose. It is possible that this was not the inventor's wish. However, let us assume that it was. Are we then to speak like fools merely because he thought like a fool? Personally I hold that, even in actual cases, we should often disregard the wishes of the litigant. |
| 2653 |
Est et ille in hoc genere frequens error , ut putent aliud quosdam dicere aliud velle , praecipue cum in themate est aliquem , ut sibi mori liceat , postulare , ut in illa controversia , Qui aliquando fortiter fecerat et alio bello petierat , ut militia vacaret ex lege quod quinquagenarius esset , adversante filio ire in aciem coactus deseruit . Filius , qui fortiter eodem proelio fecerat , incolumitatem eius optat ; contra dicit pater . " Non enim , " inquiunt , " mori vult , sed invidiam filio facere . "
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Further, in such cases speakers fall into the frequent error of assuming that certain persons say one thing and mean another: this is more especially the case where it is assumed that a man asks permission to die. Take, for example, the following controversial theme. " A man who had shown himself a heroic soldier in the past, on the occasion of a subsequent war demanded exemption from service in accordance with the law, on the ground that he was fifty years of age, but exemption being refused owing to the opposition of his son, he deserted on being compelled to go into the fight. The son, who had borne himself like a hero in the same battle, asks for his father's pardon as a reward. The father opposes his choice. "Yes," they say, "that is due not to his desire to die, but to bring odium on his son." For my part, |
| 2654 |
Equidem rideo , quod illi sic timent tanquam ipsi morituri et in consilium suos metus ferunt , obliti tot exemplorum circa voluntariam mortem , causarum quoque , quas habet factus ex viro forti desertor . Sed de una controversia loqui supervacuum est .
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I laugh at the fears which they manifest on his behalf, as though they were in peril of death themselves, and at the way in which they allow their terror to influence their line of pleading; for they forget how many precedents there are for suicide and how many reasons there may be why a hero turned deserter should wish for death. |
| 2655 |
Ego in universum neque oratoris puto esse unquam praevaricari , neque litem intelligo , in qua pars utraque idem velit , neque tam stultum quemquam , qui , si vivere vult , mortem potius male petat quam omnino non petat .
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But it would be waste of time to expatiate on one controversial theme. I would lay it down as a general rule that an orator should never put forward a plea that is tantamount to collusion, and I cannot imagine a lawsuit arising in which both parties have the same design, nor conceive that any man who wishes to live could be such a fool as to put forward an absurd plea for death, when he might refrain from pleading for it at all. I do not, however, |
| 2656 |
Non tamen nego esse controversias huiusmodi figuratas , ut est illa , Reus parricidii , quod fratrem occidisset , damnatum iri videbatur ; pater pro testimonio dixit cum se iubente fecisse ; absolutum abdicat .Nam neque in totum filio parcit nec , quod priore iudicio adfirmavit , mutare palam potest et , ut non durat ultra poenam abdicationis , ita abdicat tamen ; et alioqui figura in patrem plus facit , quam licet , in filium minus .
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deny that there are controversial themes of this kind where figures may legitimately be employed, as, for example, the following: " A man was accused of unnatural murder on the ground that he had killed his brother, and it seemed probable that he would be condemned. His father gave evidence in his defence, stating that the murder had been committed on his orders. The son was acquitted, but disinherited by the father. " For in this case he does not pardon his son entirely, but cannot openly withdraw the evidence that he gave in the first trial, and while he does not inflict any worse penalty than disinheritance, he does not shrink from that. Further, the employment of the figure tells more heavily against the father than is fair and less against the son. |
| 2657 |
Ut autem nemo contra id , quod vult , dicit , ita potest melius aliquid velle quam dicit , quo modo ille abdicatus , qui a patre , ut filium expositum et ab eo educatum solutis alimentis recipiat , postulat , revocari fortasse mavult , non tamen quod petit non vult .
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But, while no one ever speaks against the view which he wishes to prevail, he may wish something of greater importance than what he actually says. Thus the disinherited son who asks his father to take back another son whom he had exposed, and who had been brought up by himself, on payment for his maintenance, while he may prefer that he himself should be reinstated, may all the same be perfectly sincere in his demand on behalf of his brother. Again, a kind of tacit hint may be employed, which, |
| 2658 |
Est latens et illa significatio qua , cum ius asperius petitur a iudice fit tamen spes aliqua clementiae , non palam , ne paciscamur , sed per quandam credibilem suspicionem , ut in multis controversiis , sed in hac quoque : Raptor , nisi intra tricesimum diem et raptae patrem et suum exoraverit , pereat ; qui exorato raptae patre suum non exorat , agit cum eo dementia .
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while demanding the utmost rigour of the law from the judges, suggests a loophole for clemency, not openly, for that would imply a pledge on our part, but by giving a plausible suspicion of our meaning. This device is employed in a number of controversial themes, among them the following. " A ravisher, unless within thirty days he secure pardon both from his own father and the father of the ravished girl, shall be put to death. A man who has succeeded in securing pardon from the father of the girl, but not from his own, accuses the latter of madness. " |
| 2659 |
Nam si promittat hic pater , lis tollitur ; si nullam spem faciat , ut non demens , crudelis certe videatur et a se iudicem avertat . Latro igitur optime , Occides ergo ? — Si potero . Remissius et pro suo ingenio pater Gallio , Dura , anime , dura ; here fortior fuisti .
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Here if the father pledges himself to pardon him, the dispute falls to the ground. If, on the other hand, he holds out no hope of pardon, though he will not necessarily be regarded as mad, he will certainly give the impression of cruelty and will prejudice the judge against him. Latro therefore showed admirable skill when he made the son say, "You will kill me then?" and the father reply, "Yes, if I can." The elder Gallio treats the theme with greater tenderness, as was natural to a man of his disposition. He makes the father say, "Be firm, my heart, be firm. Yesterday you were made of sterner stuff." |
| 2660 |
Confinia sunt his celebrata apud Graecos schemata , per quae res asperas mollius significant . Nam Themistocles suasisse existimatur Atheniensibus , ut urbem apud deos deponerent , quia durum erat dicere , ut relinquerent . Et , qui Victorias aureas in usum belli conflari volebat , ita declinavit , victoriis utendum esse . Totum autem allegoriae simile est aliud dicere aliud intelligi velle .
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Akin to this are those figures of which the Greeks are so fond, by means of which they give gentle expression to unpleasing facts. Themistocles, for example, is believed to have urged the Athenians to commit their city to the protection of heaven, because to urge them to abandon it would have been too brutal an expression. Again the statesman who advised that certain golden images of Victory should be melted down as a contribution to the war funds, modified his words by saying that they should make a proper use of their victories. But all such devices which consist in saying one thing, while intending something else to be understood, have a strong resemblance to allegory. |