Institutio Oratoria (Quintilian)

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	Institutio Oratoria Author: Quintilian	Translator: Harold Edgeworth Butler
3231	Illud iam diximus , quanto plus nitoris et cultus demonstrativae materiae , ut ad delectationem audientium compositae , quam , quae sunt in actu et contentione , suasoriae iudicialesque permittant . Hoc adhuc adiiciendum aliquas etiam , quae sunt egregiae dicendi virtutes , quo minus deceant , effici condicione causarum .	I have already pointed out how much more elegance and ornament is allowed by the topics of demonstrative oratory, whose main object is the delectation of the audience, than is permitted by deliberative or forensic themes which are concerned with action and argument. To this must be added the fact that certain qualities, which are in themselves merits of a high order, may be rendered unbecoming by the special circumstances of the case.
3232	An quisquam tulerit reum in discrimine capitis , praecipueque si apud victorem et principem pro se ipse dicat , frequenti translatione , fictis aut repetitis ex vetustate verbis , compositione quae sit maxime a vulgari usu remote , decurrentibus periodis , quam laetissimis locis sententiisque dicentem ? Non perdant haec omnia necessarium periclitanti sollicitudinis colorem , petendumque etiam innocentibus misericordiae auxilium ?	For example, when a man is accused on a capital charge, and, above all, if he is defending himself before his conqueror or his sovereign, it would be quite intolerable for him to indulge in frequent metaphors, antique or newlycoined words, rhythms as far removed as possible from the practice of every-day speech, rounded periods, florid commonplaces and ornate reflexions. Would not all these devices destroy the impression of anxiety which should be created by a man in such peril, and rob him of the succour of pity, on which even the innocent are forced to rely?
3233	Moveaturne quisquam eius fortuna , quem tumidum ac sui iactantem et ambitiosum institorem eloquentiae in ancipiti sorte videat ? Non immo oderit reum verba aucupantem et anxium de fama ingenii , et cui esse diserto vacet ?	Would any man be moved by the sad plight of one who revealed himself as a vainglorious boaster, and ostentatiously flaunted the airs and graces of his eloquence at a moment when his fate hung in suspense? Would he not rather hate the man who, despite his position as accused, hunted for fine words, showed himself concerned for his reputation as a clever speaker, and found time at such a moment to display his eloquence?
3234	Quod mire M . Caelius in defensione causae , qua reus de vi fuit , comprehendisse videtur mihi : Ne cui vestrum atque etiam omnium , qui ad rem agendam adsunt , meus aut vultus molestior aut vox immoderatior aliqua aut denique , quod minimum est , iactantior gestus fuisse videatur .	I consider that Marcus Caelius, in the speech in which he defended himself against a charge of breach of the peace, showed a wonderful grasp of these facts, when he said: " I trust that none of you gentlemen, or of all those who have come to plead against me, will find offence in my mien or insolence in my voice, or, though that is a comparative trifle, any trace of arrogance in my gesture. "
3235	Atqui sunt quaedam actiones in satisfactione , deprecatione , confessione positae : sententiolisne flendum erit ? epiphonemata aut enthymemata exorabunt ? Non , quidquid meris adiicietur adfectibus , omnes eorum diluet vires et miserationem securitate laxabit ?	But there are some cases where the success of the pleader depends on apology, entreaties for mercy, or confession of error. Can sorrow be expressed in epigram? Or will enthymemes or epiphonemata avail to win the judge's mercy? Will not all embellishment of pure emotion merely impair its force and dispel compassion by such a display of apparent unconcern?
3236	Age , si de morte filii sui vel iniuria , quae morte sit gravior , dicendum patri fuerit , aut in narrando gratiam illam expositionis , quae continget ex sermone puro atque dilucido , quaeret , breviter ac significanter ordinem rei protulisse contentus , aut argumenta diducet in digitos et propositionum ac partitionum captabit leporem et , ut plerumque in hoc genere moris est , intentione omni remissa loquetur ?	Or, suppose that a father has to speak of his son's death, or of some wrong that is worse than death, will he, in making his statement of facts, seek to achieve that grace in exposition which is secured by purity and lucidity of language, and content himself with setting forth his case in due order with brevity and meaning? Or will he count over the heads of his argument upon his fingers, aim at niceties of division and proposition, and speak without the least energy of feeling as is usual in such portions of a speech?
3237	Quo fugerit interim dolor ille ? ubi lacrimae substiterint ? unde se in medium tam secura observatio artium miserit ? Non ab exordio usque ad ultimam vocem continues quidam gemitus et idem tristitiae vultus servabitur , si quidem volet dolorem suum etiam in audientes transfundere ? quem si usquam remiserit , in animum iudicantium non reducet .	Whither will his grief have fled while he is thus engaged? Where has the fountain of his tears been stayed? How came this callous attention to the rules of text-books to obtrude itself? Will he not rather, from his opening words to the very last he utters, maintain a continuous voice of lamentation and a mien of unvaried woe, if he desires to transplant his grief to the hearts of his audience? For if he once remits aught of his passion of grief, he will never be able to recall it to the hearts of them that hear him.
3238	Quod praecipue declamantibus ( neque enim me paenitet ad hoc quoque opus meum et curam susceptorum semel adolescentium respicere ) custodiendum est , quo plures in schola finguntur adfectus , quos non ut advocati , sed ut passi subimus .	This is a point which declaimers, above all, must be careful to bear in mind: I mention this because I have no compunction in referring to a branch of the art which was once also my own, or in reverting to the consideration of the youthful students such as once were in my charge: the declaimer, I repeat, must bear this in mind, since in the schools we often feign emotions that affect us not as advocates, but as the actual sufferers.
3239	Cum etiam hoc genus simulari litium soleat , cum ius mortis a senatu quidam ob aliquam magnam infelicitatem vel etiam paenitentiam petunt , in quibus non solum cantare , quod vitium pervasit , aut lascivire , sed ne argumentari quidem nisi mixtis , et quidem ita ut ipsa probatione magis emineant , adfectibus decet . Nam qui intermittere in agendo dolorem potest , videtur posse etiam deponere .	For example, we even imagine cases where persons, either because of some overwhelming misfortune or repentance for some sin, demand from the senate the right to make an end of their lives; and in these cases it is obviously unbecoming not merely to adopt a chanting intonation, a fault which has also become almost universal, or to use extravagant language, but even to argue without an admixture of emotional appeal, so managed as to be even more prominent than the proof which is advanced. For the man who can lay aside his grief for a moment while he is pleading, seems capable even of laying it aside altogether
3240	Nescio tamen an huius , de quo loquimur , decoris custodia maxime circa eos , contra quos dicimus , examinanda sit . Nam sine dubio in omnibus statim accusationibus hoc agendum est , ne ad eas libenter descendisse videamur . Ideoque mihi illud Cassii Severi non mediocriter displicet : Di boni , vico ; et , quo me vivere iuvet , Asprenatem reum video . Non enim iusta ex causa vel necessaria videri potest postulasse eum , sed quadam accusandi voluptate .	I am not sure, however, that it is not in our attitude towards our opponents that this care for decorum, which we are now discussing, should be most rigorously maintained. For there can be no doubt, that in all accusations our first aim should be to give the impression that it is only with the greatest reluctance that we have consented to undertake the role of accuser. Consequently, I strongly disapprove of such remarks as the following which was made by Cassius Severus: " Thank Heaven, I am still alive; and that I may find some savour in life, I see Asprenas arraigned for his crimes. " For, after this, it is impossible to suppose that he had just or necessary reasons for accusing Asprenas, and we cannot help suspecting that his motive was sheer delight in accusation.
3241	Praeter hoc tamen , quod est commune , propriam moderationem quaedam causae desiderant . Quapropter et , qui curationem bonorum patris postulabit , doleat eius valetudinem ; et quamlibet gravia filio pater obiecturus miserrimam sibi ostendat esse hanc ipsam necessitatem , nec hoc paucis modo verbis , sed toto colore actionis , ut id eum non dicere modo , sed etiam vere dicere appareat .	But, beside this consideration, which applies to all cases, there is the further point that certain cases demand special moderation. Therefore, a man who demands the appointment of a curator for his father's property, should express his grief at his father's affliction; and, however grave be the charges that a father may be going to bring against his son, he should emphasize the painful nature of the necessity that is imposed upon him. And this he should do not merely in a few brief words, but his emotion should colour his whole speech, so that it may be felt not merely that he is speaking, but that he is speaking the truth.
3242	Nec causanti pupillo sic tutor irascatur unquam , ut non remaneant amoris vestigia et sacra quaedam patris eius memoria . Iam quomodo contra abdicantem patrem , querentem uxorem , agi causam oporteret , in libro , ut arbitror , septimo dixi . Quando etiam ipsos loqui , quando advocati voce uti deceat , quartus liber , in quo prooemii praecepta sunt , continet .	Again, if a ward make allegations against his guardian, the latter must never give way to such anger that no trace is left of his former love or of a certain reverent regard for the memory of his opponent's father. I have already spoken, in the seventh book, I think, of the way in which a case should be pleaded against a father who disinherits his son, or a wife who brings a charge of illtreatment against her husband, while the fourth book, in which I prescribed certain rules for the exordium, contains my instructions as to when it is becoming that the parties should speak themselves, and when they should employ an advocate to speak for them.
3243	Esse et in verbis quod deceat aut turpe sit , nemini dubium est . Unum iam igitur huic loco , quod est sane summae difficultatis , adiciendum videtur , quibus modis ea , quae sunt natura parum speciosa quaeque non dicere , si utrumlibet esset liberum , maluissemus , non tamen sint indecora dicentibus .	It will be readily admitted by everyone that words may be becoming or offensive in themselves. There is therefore a further point, which presents the most serious difficulty, that requires notice in this connexion: we must consider by what means things which are naturally unseemly and which, had we been given the choice, we should have preferred not to say, may be uttered without indecorum.
3244	Quid asperiorem habere frontem potest aut quid aures hominum magis respuunt , quam cum est filio filiive advocatis in matrem perorandum ? Aliquando tamen necesse est , ut in causa Cluentii Habiti . Sed non semper illa via , qua contra Sasiam Cicero usus est ; non quia non ille optime , sed quia plurimum refert , qua in re et quo modo laedat .	What at first sight can be more unpleasing and what more revolting to the ears of men than a case in which a son or his advocate has to speak against his mother? And yet sometimes it is absolutely necessary, as, for example, in the case of Cluentius Habitus. But it is not always desirable to employ the method adopted by Cicero against Sasia, not because he did not make most admirable use of it, but because in such cases it makes the greatest difference what the point may be and what the manner in which the mother seeks to injure her son.
3245	Itaque illa , cum filii caput palam impugnaret , fortiter fuit repellenda . Duo tamen , quae sola supererant , divine Cicero servavit , primum , ne oblivisceretur reverentiae , quae parentibus debetur ; deinde ut , repetitis altius causis , diligentissime ostenderet , quam id , quod erat in matrem dicturus , non oporteret modo fieri , sed etiam necesse esset .	In the case of Sasia she hat openly sought to procure the destruction of her son, and consequently vigorous methods were justified against her. But there were two points, the only points which remained to be dealt with, that were handled by Cicero with consummate skill: in the first place, he does not forget the reverence that is due to parents, and in the second, after a thorough investigation of the history of the crime, he makes it clear that it was not merely right, but a positive necessity that he should say what he proposed to say against the mother.
3246	Primaque haec expositio fuit , quanquam ad praesentem quaestionem nihil pertinebat . Adeo in causa difficili atque perplexa nihil prius intuendum credidit quam quid deceret . Fecit itaque nomen parentis non filio invidiosum , sed ipsi in quam dicebatur .	And he placed this explantation in the forefront of his case, although it had really nothing to do with the actual question at issue; a fact which shows that his first consideration in that difficult and complicated case was the consideration of what was becoming for him to say. He therefore made the name of mother cast odium not on the son, but on her who was the object of his denunciations.
3247	Potest tamen aliquando mater et in re leviore aut minus infeste contra filium stare ; tum lenior atque summissior decebit oratio . Nam et satisfaciendo aut nostram minuemus invidiam aut etiam in diversum eam transferemus ; et si graviter dolere filium palam fuerit , credetur abesse ab eo culpam fietque ultro miserabilis .	It is, however, always possible that a mother may be her son's opponent in a case of less serious import, or at any rate in a way which involves less deadly hostility. Under such circumstances the orator must adopt a gentler and more restrained tone. For example, we may offer apology for the line which we take, and thus lessen the odium which we incur or even transfer it to a different quarter, while if it be obvious that the son is deeply grieved by the situation, it will be believed that he is blameless in the matter and he will even become an object of pity.
3248	Avertere quoque in alios crimen decet , ut fraude aliquorum concita credatur , et omnia nos passuros , nihil aspere dicturos testandum , ut , etiamsi non possumus non conviciari , nolle videamur . Etiam , si quid obiciendum erit , officium est patroni , ut id filio invito , sed fide cogente facere credatur . Ita poterit uterque laudari .	It will also be desirable to throw the blame on others, so that it may be believed that the mother's action was instigated by their malice, and to assert that we will put up with every form of provocation, and will say nothing harsh in reply, so that, even although strong language may be absolutely necessary on our part, we may seem to be driven to use it against our will. Nay, if some charge has to be made against the mother, it will be the advocate's task to make it seem that he does so against the desire of the son and from a sense of duty to his client. Thus both son and advocate will win legitimate praise.
3249	Quod de matre dixi , de utroque parente accipiendum est ; nam inter patres etiam filiosque , cum intervenisset emancipatio , litigatum scio . In aliis quoque propinquitatibus custodiendum est , ut inviti et necessario et parce iudicemur dixisse , magis autem aut minus , ut cuique personae debetur reverentia . Eadem pro libertis adversus patronos observantia . Et ut semel plura complectar , nunquam decebit sic adversus tales agere personas , quomodo contra nos agi ab hominibus condicionis eiusdem iniquo animo tulissemus .	What I have said about mothers will apply to either parent; for I have known of litigation taking place between fathers and sons as well, after the emancipation of the son. And when other relationships are concerned, we must take care to create the impression that we have spoken with reluctance and under stress of necessity and that we have been forbearing in our language; but the importance of so doing will vary according to the respect due to the persons concerned. The same courtesy should be observed in speaking on behalf of freedmen against their patrons. In fact, to sum up, it will never become us to plead against such persons in a tone which we ourselves should have resented in the mouth of men of like condition.
3250	Praestatur hoc aliquando etiam dignationibus , ut libertatis nostrae ratio reddatur , ne quis nos aut petulantes in laedendis eis aut etiam ambitiosos putet . Itaque Cicero , quanquam erat in Cottam gravissime dicturus , neque aliter agi P . Oppii causa poterat , longa tamen praefatione excusavit officii sui necessitatem .	The same respect is on occasion due to persons of high rank, and it may be necessary to offer justification for our freedom of speech to avoid giving the impression that we have shown ourselves insolent or ostentatious in our attack upon such persons. Consequently Cicero, although he intended to speak against Cotta with the utmost vehemence, and indeed the case of Publius Oppius was such that he could not do otherwise, prefaced his attack by pleading at some length the necessity imposed upon him by his duty to his client.
3251	Aliquando etiam inferioribus praecipueque adolescentulis parcere aut videri decet . Utitur hac moderatione Cicero pro Caelio contra Atratinum , ut eum non inimice corripere , sed paene patrie monere videatur . Nam et nobilis et iuvenis et non iniusto dolore venerat ad accusandum . Sed in his quidem , in quibus vel iudici vel etiam adsistentibus ratio nostrae moderationis probari debet , minor est labor ; illic plus difficultatis , ubi ipsos , contra quos dicimus , veremur offendere .	Sometimes, again, it will beseem us to spare or seem to spare our inferiors, more especially if they be young. Cicero gives an example of such moderation in the way in which he deals with Atratinus in his defence of Caelius: he does not lash him like an enemy, but admonishes him almost like a father. For Atratinus was of noble birth and young, and the grievance which led him to bring the accusation was not unreasonable. But the task is comparatively easy in those cases in which it is to the judge, or even, it may be, to our audience that we have to indicate the reason for our moderation. The real difficulty arises when we are afraid of offending those against whom we are speaking.
3252	Duae simul huiusmodi personae Ciceroni pro Murena dicenti obstiterunt , M . Catonis Serviique Sulpicii . Quam decenter tamen Sulpicio , cum omnes concessisset virtutes , scientiam petendi consulatus ademit ? Quid enim aliud esset , quo se victum homo nobilis et iuris antistes magis ferret ? Ut vero rationem defensionis suae reddidit , cum se studuisse petitioni Sulpicii contra honorem Murenae , non idem debere accusationi contra caput diceret !	The difficulties of Cicero when defending Murena were increased by the fact that he was opposed by two persons of this character, namely Marcus Cato and Servius Sulpicius. And yet in what courteous language, after allowing Sulpicius all the virtues, he refuses to admit that he has any idea of the way to conduct a candidature for the consulship. What else was there in which a man of high birth and a distinguished lawyer would sooner admit his inferiority? With what skill he sets forth his reasons for undertaking the defence of Murena, when he says that he supported Sulpicius' candidature as opposed to that of Murena, but did not regard that preference as reason why he should support him in bringing a capital charge against his rival!
3253	Quam molli autem articulo tractavit Catonem Cuius natura summe admiratus non ipsius vitio , sed Stoicae sectae quibusdam in rebus factam duriorem videri volebat ; ut inter eos non forensem contentionem , sed studiosam disputationem crederes incidisse .	And with what a light touch he deals with Cato! He has the highest admiration for his character and desires to show that the fact that in certain respects it has become severe and callous is due not to any personal fault, but to the influence of the Stoic school of philosophy; in fact you would imagine that they were engaged not in a forensic dispute, but merely in some philosophical discussion.
3254	Haec est profecto ratio et certissimum praeceptorum genus illius viri observatio , ut , cum aliquid detrahere salva gratia velis , concedas alia omnia : in hoc solo vel minus peritum quam in ceteris , adiecta , si poterit fieri , etiam causa , cur id ita sit , vel paulo pertinaciorem vel credulum vel iratum vel impulsum ab aliis .	This is undoubtedly the right method, and the safest rule in such cases will be to follow the practice of Cicero, namely, that, when we desire to disparage a man without giving offence, we should allow him to be the possessor of all other virtues and point out that it is only in this one respect that he falls short of his high standard, while we should, if possible, add some reason why this should be so, such, for example, as his being too obstinate or credulous or quick to anger, or acting under the influence of others.
3255	Hoc enim commune remedium est , si in tota actione aequaliter appareat non honor modo eius , sed etiam caritas . Praeterea causa sit nobis iusta sic dicendi , neque id moderate tantum faciamus , sed etiam necessario .	(For we may generally find a way out of such embarrassments by making it clear throughout our whole speech that we not merely honour the object of our criticism, but even regard him with affection.) Further, we should have good cause for speaking thus and must do so not merely with moderation, but also give the impression that our action is due to the necessities of the case.
3256	Diversum ab hoc sed facilius , cum hominum aut alioqui turpium aut nobis invisorum quaedam facta laudanda sunt . Decet enim rem ipsam probare in qualicunque persona . Dixit Cicero pro Gabinio et P . Vatinio , inimicissimis antea sibi hominibus et in quos orationes etiam scripserat , uerum ait , ut sit iusta causa sic faciendi , non se de ingenii fama , sed de fide esse sollicitum .	A different situation arises, but an easier one, when we have to praise the actions of men who are otherwise disreputable or hateful to ourselves: for it is only right that we should award praise where it is deserved, whatever the character of the person praised may be. Cicero spoke in defence of Gabinius and Publius Vatinius, both of them his deadly enemies and men against whom he had previously spoken and even published his speeches: but he justifies himself by declaring that he does so not because he is anxious for his reputation as an accomplished speaker, but because he is concerned for his honour.
3257	Difficilior ei ratio in iudicio Cluentiano fuit , cum Scamandrum necesse haberet dicere nocentem , cuius egerat causam . Verum id elegantissime cum eorum , a quibus ad se perductus esset , precibus , tum etiam adolescentia sua excusat , detracturus alioqui plurimum auctoritatis sibi , in causa praesertim suspecta , si eum se esse , qui temere nocentes reos susciperet , fateretur .	He had a more difficult task in his defence of Cluentius, as it was necessary for him to denounce Scamander's guilt, although he had previously appeared for him. But he excuses his action with the utmost grace, alleging the importunity of those persons who had brought Scamander to him, and his own youth at the time, whereas it would have been a serious blot on his reputation, especially in connexion with a case of the most dubious character, if he had admitted that he was one who was ready to undertake the defence of guilty persons without asking awkward questions.
3258	Apud iudicem vero , qui aut erit inimicus aut propter aliquod commodum a causa , quam nos susceperimus , aversus , ut persuadendi ardua ratio , ita dicendi expeditissima . Fiducia enim iustitiae eius et nostrae causae nihil nos timere simulabimus . Ipse erit gloria inflandus , ut tanto clarior eius futura sit fides ac religio in pronuntiando , quanto minus vel offensae vel utilitati suae indulserit .	On the other hand, when we are pleading before a judge, who has special reasons for being hostile to us or is for some personal motive ill-disposed to the cause which we have undertaken, although it may be difficult to persuade him, the method which we should adopt in speaking is simple enough: we shall pretend that our confidence in his integrity and in the justice of our cause is such that we have no fears. We must play upon his vanity by pointing out that the less he indulges his own personal enmity or interest, the greater will be the reputation for conscientious rectitude that will accrue to him from his verdict.
3259	Hoc et apud eos , a quibus appellatum erit , si forte ad eosdem remittemur ; adiicienda ratio vel necessitatis alicuius , si id causa concedit , vel erroris vel suspicionis . Tutissimum ergo paenitentiae confessio et satisfactio culpae , perducendusque omni modo iudex ad irae pudorem .	The same method may be adopted if our case should chance to be sent back to the same judges from whom we have appealed: but we may further, if the case should permit, plead that we were forced to take the action which we did or were led to it by error or suspicion. The safest course will therefore be to express our regret, apologise for our fault and employ every means to induce the judge to feel compunction for his anger.
3260	Accidit etiam nonnunquam ut eadem de causa , de qua pronuntiarit , cognoscat iterum . Tum illud quidem commune : apud alium nos iudicem disputaturos de illius sententia non fuisse , neque enim emendari ab alio quam ipso fas esse ; ceterum ex causa , ut quaeque permittet , aut ignorata quaedam aut defuisse testes aut ( quod timidissime et , si nihil aliud plane fuerit , dicendum est ) patronos non suffecisse succurret .	It will also sometimes happen that a judge may have to try the same case on which he has previously given judgment. In such circumstances the method commonly adopted is to say that we should not have ventured to dispute his sentence before any other judge, since he alone would be justified in revising it: but (and in this we must be guided by the circumstances of the case) we may allege that certain facts were not known on the previous occasion or certain witnesses were unavailable, or, though this must be advanced with the utmost caution and only in the last resort, that our clients' advocates were unequal to their task.
3261	Etiam , si apud alios iudices agetur , ut in secunda adsertione aut in centumviralibus iudiciis duplicibus , parte victa decentius erit , quotiens contigerit , servare iudicum pudorem ; de qua re latius probationum loco dictum est . Potest evenire , ut in aliis reprehendenda sint , quae ipsi fecerimus , ut obiicit Tubero Ligario , quod in Africa fuerit .	And even if we have to plead a case afresh before different judges, as may occur in a second trial of a claim to freedom or in cases in the centumviral courts, which are divided between two different panels, it will be most seemly, if we have lost our case before the first panel, to say nothing against the judges who tried the case on that occasion. But this is a subject with which I dealt at some length in the passage where I discussed proofs. It may happen that we have to censure actions in others, of which we have been guilty ourselves, as, for example, when Tubero charges Ligarius with having been in Africa.
3262	Et ambitus quidam damnati recuperandae dignitatis gratia reos eiusdem criminis detulerunt , ut in scholis luxuriantem patrem luxuriosus ipse iuvenis accusat . Id quomodo decenter fieri possit , equidem non invenio , nisi aliquid reperitur , quod intersit , persona , actas , tempus , causa , locus , animus .	Again, there have been cases where persons condemned for bribery have indicted others for the same offence with a view to recovering their lost position: for this the schools provide a parallel in the theme where a luxurious youth accuses his father of the same offence. I do not see how this can be done with decorum unless we succeed in discovering some difference between the two cases, such as character, age, motives, circumstances of time and place or intention.
3263	Tubero , iuvenem se patri haesisse , illum a senatu missum non ad bellum , sed ad frumentum coemendum ait , ut primum licuerit , a partibus recessisse ; Ligarium et perseverasse et non pro Cn . Pompeio , inter quem et Caesarem dignitatis fuerit contentio , cum salvam uterque rem publicam vellet , sed pro iuba atque Afris inimicissimis populo Romano stetisse .	Tubero, for example, alleges that he was a young man at the time and went thither in the company of his father, who had been sent by the senate not to take part in the war, but to purchase corn, and further that he left the party as soon as he could, whereas Ligarius clung to the party and gave his support, not to Gnaeus Pompeius, who was engaged with Caesar in a struggle for the supreme power, though both wished to preserve the state, but to Juba and the Africans who were the sworn enemies of Rome.
3264	Ceterum vel facillimum est , ibi alienam culpam incusare , ubi fateris tuam . Verum id iam indicis est , non actoris . Quodsi nulla contingit excusatio , sola colorem habet paenitentia . Potest enim videri satis emendatus , qui in odium eorum , in quibus erraverat , ipse conversus est .	The easiest course, however, is to denounce another's guilt, while admitting our own in the same connexion. However, that is the part of an informer, not of a pleader. But if there is no excuse available, penitence is our only hope. For the man who is converted to the hatred of his own errors, may perhaps be regarded as sufficiently reformed.
3265	Sunt enim casus quidam , qui hoc natura ipsa rei non indecens faciant : ut cum pater ex meretrice natum , quod duxerit meretricem in matrimonium , abdicat ; scholastica materia sed non quae in foro non possit accidere . Hic igitur multa non deformiter dicet : vel quod omnium sit votum parentum , ut honestiores quam sint ipsi liberos habeant , ( nam et si filia nata , meretrix eam mater pudicam esse voluisset ) vel quod humilior ipse fuerit , ( licet enim huic ducere ) vel quod non habuerit patrem qui moneret ;	For there are occasionally circumstances which from the very nature of the case may make such an attitude not unbecoming, as, for example, in the case where the father disinherits a son born of a harlot because that son has married a harlot, a case which, although it forms a scholastic theme, might actually arise in a court of law. There are a number of pleas which the father may put forward with becoming effect.
3266	quin eo minus id faciendum filio fuisse , ne renovaret domus pudorem et exprobraret patri nuptias , matri prioris vitae necessitatem , ne denique legem quandam suis quoque rursum liberis daret . Credibilis erit etiam propria quaedam in illa meretrice turpitudo , quam nunc hic pater ferre non possit . Alia praetereo ; neque enim nunc declamamus , sed ostendimus nonnunquam posse dicentem ipsis incommodis bene uti .	He will say that it is the prayer of all parents that their sons should be better men than themselves (for example, if a daughter also had been born to him, the harlot, her mother, would have wished her to be chaste), or that he himself was in a humbler position (for a man in such a position is permitted to marry a harlot), or that he had no father to warn him; and further that there was an additional reason against his son's conduct, namely, that he should not revive the old family scandal nor reproach his father with his marriage and his mother with the hard necessity of her former life, nor give a bad example to his own children in their turn. We may also plausibly suggest that there is some particularly shameful feature in the character of the harlot married by the son, which the father cannot under existing circumstances tolerate. There are other possible arguments which I pass by: for I am not now engaged in declamation, but am merely pointing out that there are occasions when the speaker may turn his own drawbacks to good account.
3267	Illic maior aestus , ubi quis pudenda queritur , ut stuprum , praecipue in maribus , aut os profanatum . Non dico , si loquatur ipse ; nam quid aliud ei quam gemitus ac fletus et exsecratio vitae conveniat , ut iudex intelligat potius dolorem illum quam audiat ? Sed patrono quoque per similes adfectus eundum erit , quia hoc iniuriae genus verecundius est fateri passis quam ausis .	More arduous difficulties confront us when we have to deal with a complaint of some shameful act such as rape, more especially when this is of an unnatural kind. I do not refer to cases when the victim himself is speaking. For what should he do but groan and weep and curse his existence, so that the judge will understand his grief rather than hear it articulately expressed? But the victim's advocate will have to exhibit similar emotions, since the admission of such wrongs cause more shame to the sufferer than the criminal.
3268	Mollienda est in plerisque alio colore asperitas orationis , ut Cicero de proscriptorum liberis fecit . Quid enim crudelius quam homines honestis parentibus ac maioribus natos a re publica summoveri ? Itaque durum id esse summus ille tractandorum animorum artifex confitetur , sed ita legibus Sullae cohaerere statum civitatis adfirmat , ut iis solutis stare ipsa non possit . Adsecutus itaque est , ut aliquid eorum quoque causa videretur facere contra quos diceret .	In many cases it is desirable to soften the harshness of our language by the infusion of a more conciliatory tone, as, for example, Cicero did in his speech dealing with the children of the proscribed. What fate could be more cruel than that the children of men of good birth and the descendants of distinguished ancestors should be excluded from participation in public life? For this reason that supreme artist in playing on the minds of men admits that it is hard, but asserts that the constitution is so essentially dependent on the laws of Sulla, that their repeal would inevitably involve its destruction. Thus he succeeded in creating the impression that lie was doing something on behalf of those very persons against whom he spoke.