Institutio Oratoria (Quintilian)

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	Institutio Oratoria Author: Quintilian	Translator: Harold Edgeworth Butler
3193	Verum id eum minime decebat ; ideoque sic egit , ut qui poenam suam honoribus summis esset aestimaturus . Maluit enim vir sapientissimus , quod superesset ex vita , sibi perire , quam quod praeterisset . Et quando ab hominibus sui temporis parum intelligebatur , posteriorum se iudiciis reservavit , brevi detrimento iam ultimae senectutis aevum saeculorum omnium consecutus .	But such a course would have been unworthy of his character, and, therefore, he pleaded as one who would account the penalty to which he might be sentenced as the highest of honours. The wisest of men preferred to sacrifice the remnant of his days rather than to cancel all his past life. And since he was but ill understood by the men of his own day, he reserved his case for the approval of posterity and at the cost of a few last declining years achieved through all the ages life everlasting.
3194	Itaque quamvis Lysias , qui tum in dicendo praestantissimus habebatur , defensionem illi scriptam obtulisset , uti ea noluit , cum bonam quidem , sed parum sibi convenientem iudicavisset . Quo vel solo patet non persuadendi sed bene dicendi finem in oratore servandum , cum interim persuadere deforme sit . Non fuit hoc utile absolutioni , sed , quod est maius , homini fuit .	And so although Lysias, who was accounted the first orator of that time, offered him a written defence, he refused to make use of it, since, though he recognised its excellence, he regarded it as unbecoming to himself. This instance alone shows that the end which the orator must keep in view is not persuasion, but speaking well, since there are occasions when to persuade would be a blot upon his honour. The line adopted by Socrates was useless to secure his acquittal, but was of real service to him as a man; and that is by far the greater consideration.
3195	Et nos secundum communem potius loquendi consuetudinem quam ipsam veritatis regulam divisione hac utimur , ut ab eo , quod deceat , utilitatem separemus ; nisi forte prior ille Africanus , qui patria cedere quam cum tribuno plebis humillimo contendere de innocentia sua maluit , inutiliter sibi videtur consuluisse ; aut P . Rutilius , vel cum illo paene Socratico genere defensionis est usus , vel cum revocante eum P . Sulla manere in exilio maluit , quid sibi maxime conduceret , nesciebat .	In drawing this distinction between what is expedient and what is becoming, I have followed rather the usage of common speech than the strict law of truth; unless, indeed, the elder Africanus is to be regarded as having failed to consult his true interests, when he retired into exile sooner than wrangle over his own innocence with a contemptible tribune of the people, or unless it be alleged that Publius Rutilius was ignorant of his true advantage both on the occasion when he adopted a defence which may almost be compared with that of Socrates, and when he preferred to remain in exile rather than return at Sulla's bidding.
3196	Hi vero parva illa , quae abiectissimus quisque animus utilia credit , si cum virtute conferantur despicienda iudicaverunt , ideoque perpetua saeculorum admiratione celebrantur . Neque nos simus tam humiles , ut quae laudamus inutilia credamus .	No, these great men regarded all those trifles that the most abject natures regard as advantageous, as being contemptible if weighed in the balance with virtue, and for this reason they have their reward in the deathless praise of all generations. Let not us, then, be so poor spirited as to regard the acts, which we extol, as being inexpedient.
3197	Sed hoc qualecunque discrimen raro admodum eveniet : idem fere , ut dixi , in omni genere causarum et proderit et decebit . Est autem , quod omnes et semper et ubique deceat , facere ac dicere honeste , contraque neminem unquam ullo in loco turpiter . Minora vero quaeque sunt ex mediis plerumque sunt talia , ut aliis sint concedenda , aliis non sint , aut pro persona , tempore , loco , causa magis ac minus vel excusata debeant videri vel reprehendenda .	However, it is but rarely that this distinction, such as it is, is called into play. As I have said, the expedient and the becoming will, as a rule, be identical in every kind of case. Still, there are two things which will be becoming to all men at all times and in all places, namely, to act and speak as befits a man of honour, and it will never at any time beseem any man to speak or act dishonourably. On the other hand, things of minor importance and occupying something like a middle position between the two are generally of such a nature that they may be conceded to some, but not to others, while it will depend on the character of the speaker and the circumstances of time, place and motive whether we regard them as more or less excusable or reprehensible.
3198	Cum dicamus autem de rebus aut alienis aut nostris , dividenda ratio est eorum , dum sciamus pleraque neutro loco convenire . In primis igitur omnis vitiosa iactatio est , eloquentiae tamen in oratore praecipue , adfertque audientibus non fastidium modo , sed plerumque etiam odium .	When, however, we are speaking of our own affairs or those of others, we must distinguish between the expedient and the becoming, while recognising that the majority of the points which we have to consider will fall under neither head. In the first place, then, all kinds of boasting are a mistake, above all, it is an error for an orator to praise his own eloquence, and, further, not merely wearies, but in the majority of cases disgusts the audience.
3199	Habet enim mens nostra sublime quiddam et erectum et impatiens superioris ; ideoque abiectos aut summittentes se libenter allevamus , quia hoc facere tanquam maiores videmur ; et quotiens discessit aemulatio , succedit humanitas . At qui se supra modum extollit , premere ac despicere creditur , nec tam se maiorem quam minores ceteros facere .	For there is ever in the mind of man a certain element of lofty and unbending pride that will not brook superiority: and for this reason we take delight in raising the humble and submissive to their feet, since such an act gives us a consciousness of our superiority, and as soon as all sense of rivalry disappears, its place is taken by a feeling of humanity. But the man who exalts himself beyond reason is looked upon as depreciating and showing a contempt for others and as making them seem small rather than himself seem great.
3200	Inde invident humiliores , ( hoc vitium est eorum , qui nec cedere volunt nec possunt contendere ) rident superiores , improbant boni . Plerumque vere deprehendas arrogantium falsum de se opinionem ; sed in veris quoque sufficit conscientia . Reprehensus est in hac parte non mediocriter Cicero , quanquam is quidem rerum a se gestarum maior quam eloquentiae fuit in orationibus utique iactator .	As a result, those who are beneath him feel a grudge against him (for those who are unwilling to yield and yet have not the strength to hold their own are always liable to this failing), while his superiors laugh at him and the good disapprove. Indeed, as a rule, you will find that arrogance implies a false self-esteem, whereas those who possess true merit find satisfaction enough in the consciousness of possession. Cicero has been severely censured in this connexion, although he was far more given to boasting of his political achievements than of his eloquence, at any rate, in his speeches.
3201	Et plerumque illud quoque non sine aliqua ratione fecit . Aut enim tuebatur eos , quibus erat adiutoribus usus in opprimenda coniuratione , aut respondebat invidiae ( cui tamen non fuit par , servatae patriae poenam passus exilium ) , ut illorum , quae egerat in consulatu , frequens commemoratio possit videri non gloriae magis quam defensioni data .	And as a rule he had some sound reason for his self-praise. For he was either defending those who had assisted him to crush the conspiracy of Catiline, or was replying to attacks made upon him by those who envied his position; attacks which he was so far unable to withstand that he suffered exile as the penalty for having saved his country. Consequently, we may regard his frequent reference to the deeds accomplished in his consulship as being due quite as much to the necessities of defence as to the promptings of vainglory.
3202	Eloquentiam quidem , cum plenissimam diversae partis advocatis concederet , sibi nunquam in agendo immodice adrogauit . Illius sunt enim : Si quid est ingenii in me , quod sentio quam sit exiguum , et , Quo ingenio minus possum , subsidium mihi diligentia comparavi .	As regards his own eloquence, he never made immoderate claims for it in his pleading, while he always paid a handsome tribute to the eloquence of the advocate, who opposed him. For example, there are passages such as the following: " If there be aught of talent in me, and I am only too conscious how little it is, " and, "In default of talent, I turned to industry for aid."
3203	Quin etiam contra Q . Caecilium de accusatore in Verrem constituendo , quamvis multum esset in hoc quoque momenti , uter ad agendum magis idoneus veniret , dicendi tamen facultatem magis illi detraxit quam adrogauit sibi , seque non consecutum , sed omnia fecisse , ut posset eam consequi , dixit .	Again, in his speech against Caecilius on the selection of an accuser for Verres, despite the fact that the question as to which was the most capable pleader, was a factor of great importance, he rather depreciated his opponent's eloquence than exalted his own, and asserted that he had done all in his power to make himself an orator, though he knew he had not succeeded.
3204	In epistolis aliquando familiariter apud amicos , nonnunquam in dialogis aliena tamen persona verum de eloquentia sua dicit . Et aperte tamen gloriari nescio an sit magis tolerabile vel ipsa vitii huius simplicitate , quam illa iactatio perversa , si abundans opibus pauperem se neget , nobilis obscurum et potens infirmum et disertus imperitum plane et infantem vocet .	In his letters to intimate friends, it is true, and occasionally in his dialogues, he tells the truth of his own eloquence, though in the latter case he is careful always to place the remarks in question in the mouth of some other character. And yet I am not sure that open boasting is not more tolerable, owing to its sheer straightforwardness, than that perverted form of self-praise, which makes the millionaire say that he is not a poor man, the man of mark describe himself as obscure, the powerful pose as weak, and the eloquent as unskilled and even inarticulate.
3205	Ambitiosissimum gloriandi genus est etiam deridere . Ab aliis ergo laudemur ; nam ipsos , ut Demosthenes ait , erubescere , etiam cum ab alis laudabimur , decet . Neque hoc dico , non aliquando de rebus a se gestis oratori esse dicendum , sicut eidem Demostheni pro Ctesiphonte ; quod tamen ita emendavit , ut necessitatem id faciendi ostenderet invidiamque omnem in eum regereret , qui hoc se coegisset .	But the most ostentatious kind of boasting takes the form of actual self-derision. Let us therefore leave it to others to praise us. For it beseems us, as Demosthenes says, to blush even when we are praised by others. I do not mean to deny that there are occasions when an orator may speak of his own achievements, as Demosthenes himself does in his defence of Ctesiphon. But on that occasion he qualified his statements in such a way as to show that he was compelled by necessity to do so, and to throw the odium attaching to such a proceeding on the man who had forced him to it.
3206	Et M . Tullius saepe dicit de oppressa coniuratione Catilinae ; sed modo id virtuti senatus , modo providentiae deorum immortalium adsignat . Plerumque contra inimicos atque obtrectatores plus vindicat sibi . Erant enim illa tuenda , cum obiicerentur .	Again, Cicero often speaks of his suppression of the Catilinarian conspiracy, but either attributes his success to the courage shown by the senate or to the providence of the immortal gods. If he puts forward stronger claims to merit, it is generally when speaking against his enemies and detractors; for he was bound to defend his actions when they were denounced as discreditable.
3207	In carminibus utinam pepercisset , quae non desierunt carpere maligni : " Cedant arma togae , concedat laurea linguae ; " et " O fortunatam natam me consule Romam ; " et Iovem illum , a quo in concilium deorum advocatur ; et Minervam , quae artes eum edocuit ; quae sibi ille secutus quaedam Graecorum exempla permiserat .	One could only wish that he had shown greater restraint in his poems, which those who love him not are never weary of criticising. I refer to passages such as: "Let arms before the peaceful toga yield, Laurels to eloquence resign the field," or "O happy Rome, born in my consulship!" together with that "Jupiter, by whom he is summoned to the assembly of the gods," and the "Minerva that taught him her accomplishments" ; extravagances which he permitted himself in imitation of certain precedents in Greek literature.
3208	Verum eloquentiae ut indecora iactatio , ita nonnunquam concedenda fiducia est . Nam quis reprehendat haec : Quid putem ? contemptumne me ? Non video nec in vita nec in gratia nec in rebus gestis nec in hac mea mediocritate ingenii , quid despicere possit Antonius ? Et paulo post apertius :	But while it is unseemly to make a boast of one's eloquence, it is, however, at times permissible to express confidence in it. Who, for instance, can blame the following? " What, then, am I to think? That I am held in contempt? I see nothing either in my past life, or my position, or such poor talents as I may possess, that Antony can afford to despise. " And a little later he speaks yet more openly:
3209	An decertare mecum voluit contentione dicendi ? Hoc quidem est beneficium . Quid enim plenius , quid uberius quam mihi et pro me et contra Antonium dicere ?	" Or did he wish to challenge me to a contest of eloquence? I could wish for nothing better. For what ampler or richer theme could I hope to find than to speak at once for myself and against Antony? "
3210	Arrogantes et illi , qui se iudicasse de causa nec aliter adfuturos fuisse proponunt . Nam et inviti iudices audiunt praesumentem partes suas , nec hoc oratori contingere inter aduersarios quod Pythagorae inter discipulos potest Ipse dixit . Sed istud magis minusve vitiosum est pro personis dicentium .	Another form of arrogance is displayed by those who declare that they have come to a clear conviction of the justice of their cause, which they would not otherwise have undertaken. For the judges give but a reluctant hearing to such as presume to anticipate their verdict, and the orator cannot hope that his opponents will regard his ipse dixit with the veneration accorded by the Pythagoreans to that of their master. But this fault will vary in seriousness according to the character of the orator who uses such language.
3211	Defenditur enim aliquatenus aetate , dignitate , auctoritate ; quae tamen vix in ullo tanta fuerint , ut non hoc adfirmationis genus temperandum sit aliqua moderatione sicut omnia , in quibus patronus argumentum ex se ipso pete . Quid fuisset tumidius , si accipiendum criminis loco negasset Cicero equitis Romani esse filium , se defendente ? At ille fecit hoc etiam fauorabile coniungendo cum iudicibus dignitatem suam : Equitis autem Romani esse filium , criminis loco poni ab accusatoribus , neque vobis iudicantibus oportuit neque defendentibus nobis .	For such assertions may to some extent be justified by the age, rank, and authority of the speaker. But scarcely any orator is possessed of these advantages to such an extent as to exempt him from the duty of tempering such assertions by a certain show of modesty, a remark which also applies to all passages in which the advocate draws any of his arguments from his own person. What could have been more presumptuous than if Cicero had asserted that the fact that a man was the son of a Roman knight should never be regarded as a serious charge, in a case in which he was appearing for the defence? But he succeeded in giving this very argument a favourable turn by associating his own rank with that of the judges, and saying, " The fact of a man being the son of a Roman knight should never have been put forward as a charge by the prosecution when these gentlemen were in the jury-box and I was appearing for the defendant. "
3212	Impudens , tumultuosa , iracunda actio omnibus indecora , sed ut quisque aetate , dignitate , usu praecedit , magis in ea reprehendendus . Videas autem rixatores quosdam neque iudicum reverentia neque agendi more ac modo contineri , quo ipso mentis habitu manifestum sit , tam in suscipiendis quam in agendis causis nihil pensi habere .	An impudent, disorderly, or angry tone is always unseemly, no matter who it be that assumes it; and it becomes all the more reprehensible in proportion to the age, rank, and experience of the speaker. But we are familiar with the sight of certain brawling advocates who are restrained neither by respect for the court nor by the recognised methods and manners of pleading. The obvious inference from this attitude of mind is that they are utterly reckless both in undertaking cases and in pleading them.
3213	Profert enim mores plerumque oratio et animi secret detegit . Nec sine causa Graeci prodiderunt , ut vivat , quemque etiam dicere . Humiliora illa vitia : summissa adulatio , adfectata scurrilitas , in rebus ac verbis parum modestis ac pudicis vilis pudor , in omni negotio neglecta auctoritas ; quae fere accidunt iis , qui nimium aut blandi esse aut ridiculi volunt .	For a man's character is generally revealed and the secrets of his heart are laid bare by his manner of speaking, and there is good ground for the Greek aphorism that, "as a man lives, so will he speak." The following vices are of a meaner type: grovelling flattery, affected buffoonery, immodesty in dealing with things or words which are unseemly or obscene, and disregard of authority on all and every occasion. They are faults which, as a rule, are found in those who are over-anxious either to please or amuse.
3214	Ipsum etiam eloquentiae genus alios aliud decet . Nam neque tam plenum et erectum et audax et praecultum senibus convenerit quam pressum et mite et limatum et quale intelligi vult Cicero , cum dicit , orationem suam coepisse canescere ; sicut vestibus quoque non purpura coccoque fulgentibus illa aetas satis apta sit .	Again, different kinds of eloquence suit different speakers. For example, a full, haughty, bold and florid style would be less becoming to an old man than that restrained, mild and precise style to which Cicero refers, when he says that his style is beginning to grow grey-haired. It is the same with their style as their clothes; purple and scarlet raiment goes ill with grey hairs.
3215	In iuvenibus etiam uberiora paulo et paene periclitantia feruntur . At in iisdem siccum et sollicitum et contractum dicendi propositum plerumque adfectatione ipsa severitatis invisum est , quando etiam morum senilis auctoritas immatura in adolescentibus creditur . Simpliciora militares decent .	In the young, however, we can endure a rich and even, perhaps, a risky style. On the other hand, a dry, careful and compressed style is unpleasing in the young as suggesting the affectation of severity, since even the authority of character that goes with age is considered as premature in young men. Soldiers are best suited by a simple style.
3216	Philosophiam ex professo , ut quidam faciunt , ostentantibus parum decori sunt plerique orationis ornatus maximeque ex adfectibus , quos illi vitia dicunt . Verba quoque exquisitiora et compositio numerosa tali proposito diversa .	Those, again, who make ostentatious profession, as some do, of being philosophers, would do well to avoid most of the ornaments of oratory, more especially those which consist in appeals to the passions, which they regard as moral blemishes. So, too, the employment of rare words and of rhythmical structure are incongruous with their profession.
3217	Non enim sola illa laetiora , qualia a Cicerone dicuntur , Saxa atque solitudines voci respondent ; sed etiam illa , quanquam plena sanguinis , Vos enim iam , Albani tumuli atque luci , vos , inquam , imploro atque testor , mosque , Albanorum obrutae arae , sacrorum populi Romani sociae et aequales , non conveniant barbae illi atque tristitiae .	For their beards and gloomy brows are ill-suited not merely to luxuriance of style, such as we find in Cicero's "Rocks and solitudes answer to the voice," but even to full-blooded passages as, " For on you I call, ye hills and groves of Alba; I call you to bear me witness, and ye, too, fallen altars of the Albans, that were once the peers and equals of the holy places of Rome. "
3218	At vir civilis vereque sapiens , qui se non otiosis disputationibus , sed administrationi rei publicae dediderit , a qua longissime isti , qui philosophi vocantur , recesserunt , omnia , quae ad efficiendum oratione quod proposuerit valent , libenter adhibebit , cum prius quid honestum sit efficere in animo suo constituerit .	But the public man, who is truly wise and devotes himself not to idle disputations, but to the administration of the state, from which those who call themselves philosophers have withdrawn themselves afar, will gladly employ every method that may contribute to the end which he seeks to gain by his eloquence, although he will first form a clear conception in his mind as to what aims are honourable and what are not.
3219	Est quod principes deceat , aliis non concesseris . Imperatorum ac triumphalium separata est aliqua ex parte ratio eloquentiae , sicut Pompeius abunde disertus rerum suarum narrator , et hic , qui bello civili se interfecit , Cato eloquens senator fuit .	There is a form of eloquence which is becoming in the greatest men, but inadmissible in others. For example, the methods of eloquence employed by commanders and conquerors in their hour of triumph are to a great extent to be regarded as in a class apart. The comparison of the eloquence of Plompey and Cato the younger, who slew himself in the civil war, will illustrate my meaning. The former was extraordinarily eloquent in the description of his own exploits, while the latter's powers were displayed in debates in the senate.
3220	Idem dictum saepe in alio liberum , in alio furiosum , in alio superbum est . Verba adversus Agamemnonem a Thersite habita ridentur ; da illa Diomedi aliive cui pari : magnum animum ferre prae se videbuntur . Ego te consulem putem , inquit L . Crassus Philippo , cum tu me non putes senatorem ? uox honestissimae libertatis ; non tamen ferres quemcumque dicentem .	Again, the same remark will seem freedom of speech in one's mouth, madness in another's, and arrogance in a third. We laugh at the words used by Thersites to Agamemnon; but put them in the mouth of Diomede or some other of his peers, and they will seem the expression of a great spirit. "Shall I regard you as consul," said Lucius Crassus to Phililppus, " when you refuse to regard me as a senator? " That was honourable freedom of speech, and yet we should not tolerate such words from everybody's lips.
3221	Negat se magni facere aliquis poetarum , utrum Caesar ater an albus homo sit , insania ; verte , ut idem Caesar de illo dixerit , arrogantia est . Maior in personis observatio est apud tragicos comicosque , multis enim utuntur et variis . Eadem et eorum , qui orationes aliis scribebant , fuit ratio et declamantium est ; non enim semper ut advocati sed plerumque ut litigatores dicimus .	One of the poets says that he does not care whether Caesar be white or black. That is madness. But reverse the case. Suppose that Caesar said it of the poet? That would be arrogance. The tragic and comic poets pay special attention to character, since they introduce a great number and variety of persons. Those who wrote speeches for others paid a like attention to these points, and so do the declaimers; for we do not always speak as advocates, but frequently as actual parties to the suit.
3222	Verum etiam in iis causis , quibus advocamur , eadem differentia diligenter est custodienda . Utimur enim fictione personarum et velut ore alieno loquimur , dandique sunt iis , quibus vocem accommodamus , sui mores . Aliter enim P . Clodius , aliter Appius Caecus , aliter Caecilianus ille , aliter Terentianus pater fingitur . Quid asperius lictore Verris : Ut adeas , tantum dabis ?	But even in these cases in which we appear as advocates, differences of character require careful observation. For we introduce fictitious personages and speak through other's lips, and we must therefore allot the appropriate character to those to whom we lend a voice. For example, Publius Clodius will be represented in one way, Appius Caecus in another, while Caecilius makes the father in his comedy speak in quite a different manner from the father in the comedy of Terence.
3223	Quid fortius illo , cuius inter ipsa verberum supplicia una vox audiebatur : Ciuis Romanus sum ? Quam dignae Milonis in peroratione ipsa voces eo viro , qui pro re publica seditiosum civem totiens compescuisset quique insidias virtute superasset ?	What can be more brutal than the words of Verres' lictor, "To see him you will pay so much" ? or braver than those of the man from whom the scourge could wring but one cry, "I am a Roman citizen!" Again, read the words which Cicero places in the mouth of Milo in his peroration: are they not worthy of the man who to save the state had so oft repressed a seditious citizen, and had triumphed by his valour over the ambush that was laid for him?
3224	Denique non modo quot in causa totidem in prosopopoeia sunt varietates , sed hoc etiam plures , quod in his puerorum , feminarum , populorum , mutarum etiam rerum assimulamus adfectus , quibus omnibus debetur suus decor .	Further, it is not merely true that the variety required in impersonation will be in proportion to the variety presented by the case, for impersonation demands even greater variety, since it involves the portrayal of the emotions of children, women, nations, and even of voiceless things, all of which require to be represented in character.
3225	Eadem in iis , pro quibus agemus , observanda sunt ; aliter enim pro alio saepe dicendum est , ut quisque honestus , humilis , invidiosus , favorabilis erit , adiecta propositorum quoque et anteactae vitae differentia . Iucundissima vero in oratore humanitas , facilitas , moderatio , benivolentia . Sed illa quoque diversa bonum virum decent : malos odisse , publica vice commoveri , ultum ire scelera et iniurias , et omnia , ut initio dixi , honesta .	The same points have to be observed with respect to those for whom we plead: for our tone will vary with the character of our client, according as he is distinguished, or of humble position, popular or the reverse, while we must also take into account the differences in their principles and their past life. As regards the orator himself, the qualities which will most commend him are courtesy, kindliness, moderation and benevolence. But, on the other hand, the opposite of these qualities will sometimes be becoming to a good man. He may hate the bad, be moved to passion in the public interest, seek to avenge crime and wrong, and, in fine, as I said at the beginning, may follow the promptings of every honourable emotion.
3226	Nec tantum , quis et pro quo sed etiam apud quem dicas , interest . Facit enim et fortuna discrimen et potestas , nec eadem apud principem , magistratum , senatorem , privatum , tantum liberum ratio est , nec eodem sono publica iudicia et arbitrorum disceptationes aguntur .	The character of the speaker and of the person on whose behalf he speaks are, however, not the only points which it is important to take into account: the character of those before whom we have to speak calls for serious consideration. Their power and rank will make no small difference; we shall employ different methods according as we are speaking before the emperor, a magistrate, a senator, a private citizen, or merely a free man, while a different tone is demanded by trials in the public courts, and in cases submitted to arbitration.
3227	Nam ut orantem pro capite sollicitudo deceat et cura et omnes ad amplificandam orationem quasi machinae , ita in parvis rebus iudiciisque vana sint eadem , rideaturque merito , qui apud disceptatorem de re levissima sedens dicturus utatur illa Ciceronis confessione , non modo se animo commoveri , sed etiam corpore ipso perhorrescere .	For while a display of care and anxiety, and the employment of every device available for the amplification of our style are becoming when we are pleading for a client accused on a capital charge, it would be useless to employ the same methods in cases and trials of minor importance, and the speaker who, when speaking from his chair before an arbitrator on some trivial question, should make an admission like that made by Cicero, to the effect that it was not merely his soul that was in a state of commotion, but that his whole body was convulsed with shuddering, would meet with well-deserved ridicule.
3228	Quis vero nesciat , quanto aliud dicendi genus poscat gravitas senatoria , aliud aura popularis ? cum etiam singulis iudicantibus non idem apud graves viros quod leviores , non idem apud eruditum quod militarem ac rusticum deceat , sitque nonnunquam summittenda et contrahenda oratio , ne iudex eam vel intelligere vel capere non possit .	Again, who does not know what different styles of eloquence are required when speaking before the grave assembly of the senate and before the fickle populace, since even when we are pleading before single judges the same style will not be suitable for use before one of weighty character and another of a more frivolous disposition, while a learned judge must not be addressed in the same tone that we should employ before a soldier or a rustic, and our style must at times be lowered and simplified, for fear that he may be unable to take it in or to understand it.
3229	Tempus quoque ac locus egent observatione propria . Nam et tempus tum triste , tum laetum , tum liberum , tum angustum est , atque ad haec omnia componendus orator ;	Again, circumstances of time and place demand special consideration. The occasion may be one for sorrow or for rejoicing, the time at our disposal may be ample or restricted, and the orator must adapt himself to all these circumstances.
3230	et loco publico privatone , celebri an secreto , aliena civitate an tua , in castris denique an foro dicas , interest plurimum , ac suam quidque formam et proprium quendam modum eloquentiae poscit : cum etiam in ceteris actibus vitae non idem in foro , curia , campo , theatro , domi facere conveniat ; et pleraque , quae natura non sunt reprehendenda atque adeo interim sunt necessaria , alibi quam mos permiserit turpia habeantur .	It, likewise, makes no small difference whether we are speaking in public or in private, before a crowded audience or in comparative seclusion, in another city or our own, in the camp or in the forum: each of these places will require its own style and peculiar form of oratory, since even in other spheres of life the same actions are not equally suited to the forum, the senate-house, the Campus Martius, the theatre or one's own house, and there is much that is not in itself reprehensible, and may at times be absolutely necessary, which will be regarded as unseemly if done in some place where it is not sanctioned by custom.