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Institutio Oratoria (Quintilian)
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Institutio Oratoria

Author: Quintilian
Translator: Harold Edgeworth Butler
3573
efficiant
,
ita
haec
pars
dialectica
,
sive
illam
dicere
malumus
disputatricem
,
ut
est
utilis
saepe
et
finitionibus
et
comprehensionibus
et
separandis
quae
sunt
differentia
,
et
resolvenda
ambiguitate
,
distinguendo
,
dividendo
,
illiciendo
,
implicando
,
ita
,
si
totum
sibi
vindicaverit
in
foro
certamen
,
obstabit
melioribus
et
sectas
ad
tenuitatem
suam
vires
ipsa
subtilitate
consumet
.
even so the science of dialectic, or if you prefer it of disputation, while it is often useful in definition, inference, differentiation, resolution of ambiguity, distinction and classification, as also in luring on or entangling our opponents, yet if it claim to assume the entire direction of the struggles of the forum, will merely stand in the way of arts superior to itself and by its very subtlety will exhaust the strength that has been pared down to suit its limitations.
3574
Itaque
reperias
quosdam
in
disputando
mire
callidos
,
cum
ab
ilia
cavillatione
discesserint
,
non
magis
sufficere
in
aliquo
graviore
actu
quam
parva
quaedam
animalia
,
quae
in
angustiis
mobilia
campo
deprehenduntur
.
As a result you will find that certain persons who show astonishing skill in philosophical debate, as soon as they quit the sphere of their quibbles, are as helpless in any case that demands more serious pleading as those small animals which, though nimble enough in a confined space, are easily captured in an open field.
3575
Iam
quidem
pars
illa
moralis
,
quae
dicitur
Ethice
,
certe
tota
oratori
est
accommodata
.
Nam
in
tanta
causarum
,
sicut
superioribus
libris
diximus
,
varietate
,
cum
alia
coniectura
quaerantur
,
alia
finitionibus
concludantur
,
alia
iure
summoveantur
vel
transferantur
,
alia
colligantur
vel
ipsa
inter
se
concurrant
vel
in
diversum
ambiguitate
ducantur
,
nulla
fere
dici
potest
,
cuius
non
parte
in
aliqua
tractatus
aequi
ac
boni
reperiatur
,
plerasque
vero
esse
quis
nescit
,
quae
totae
in
sola
qualitate
consistant
?
Proceeding to moral philosophy or ethics, we may note that it at any rate is entirely suited to the orator. For vast as is the variety of cases (since in them, as I have pointed out in previous books, we seek to discover certain points by conjecture, reach our conclusions in others by means of definition, dispose of others on legal grounds' or by raising the question of competence, while other points are established by syllogism and others involve contradictions or are diversely interpreted owing to some ambiguity of language ), there is scarcely a single one which does not at some point or another involve the discussion of equity and virtue, while there are also, as everyone knows, not a few which turn entirely on questions of quality.
3576
In
consiliis
vero
quae
ratio
suadendi
est
ab
honesti
quaestione
seposita
?
Quin
ilia
etiam
pars
tertia
,
quae
laudandi
ac
vituperandi
officiis
continetur
,
nempe
in
tractatu
recti
pravique
versatur
.
Again in deliberative assemblies how can we advise a policy without raising the question of what is honourable? Nay, even the third department of oratory, which is concerned with the tasks of praise and denunciation, must without a doubt deal with questions of right and wrong.
3577
An
de
iustitia
,
fortitudine
,
abstinentia
,
temperantia
,
pietate
non
plurima
dicet
orator
?
Sed
ille
vir
bonus
,
qui
haec
non
vocibus
tantum
sibi
nota
atque
nominibus
aurium
tenus
in
usum
linguae
perceperit
,
sed
qui
virtutes
ipsas
mente
complexus
ita
sentiat
,
nec
in
cogitando
ita
laborabit
sed
,
quod
sciet
,
vere
dicet
.
For the orator will assuredly have much to say on such topics as justice, fortitude, abstinence, self-control and piety. But the good man, who has come to the knowledge of these things not by mere hearsay, as though they were just words and names for his tongue to employ, but has grasped the meaning of virtue and acquired a true feeling for it, will never be perplexed when he has to think out a problem, but will speak out truly what he knows.
3578
Cum
sit
autem
omnis
generalis
quaestio
speciali
potentior
,
quia
universo
pars
continetur
,
non
utique
accedit
parti
quod
universum
est
,
profecto
nemo
dubitabit
,
generales
quaestiones
in
illo
maxime
studiorum
more
versatas
.
Since, however, general questions are always more important than special (for the particular is contained in the universal, while the universal is never to be regarded as something superimposed on the particular), everyone will readily admit that the studies of which we are speaking are pre-eminently concerned with general questions.
3579
iam
vero
cum
sint
multa
propriis
brevibusque
comprehensionibus
finienda
(
unde
etiam
status
causarum
dicitur
finitiuus
) ,
nonne
ad
id
quoque
instrui
ab
iis
,
qui
plus
in
hoc
studii
dederunt
,
oportet
?
Quid
?
non
quaestio
iuris
omnis
aut
verborum
proprietate
aut
aequi
disputatione
aut
voluntatis
coniectura
continetur
?
quorum
pars
ad
rationalem
,
pars
ad
moralem
tractatum
redundat
.
Further, since there are numerous points which require to be determined by appropriate and concise definitions (hence the definitive basis of cases), it is surely desirable that the orator should be instructed in such things by those who have devoted special attention to the subject. Again, does not every question of law turn either on the precise meaning of words, the discussion of equity, or conjecture as to the intention—subjects which in part encroach on the domain of dialectic and in part on that of ethics?
3580
Ergo
natura
permixta
est
omnibus
istis
oratio
,
quae
quidem
oratio
est
vere
.
Nam
ignara
quidem
huiusce
doctrinae
loquacitas
erret
necesse
est
,
ut
quae
vel
nullos
vel
falsos
duces
habeat
.
Pars
vero
naturalis
,
cum
est
ad
exercitationem
dicendi
tanto
ceteris
uberior
,
quanto
maiore
spiritu
de
divinis
rebus
quam
humanis
eloquendum
est
,
tum
illam
etiam
moralem
,
sine
qua
nulla
esse
,
ut
docuimus
,
oratio
potest
,
totam
complectitur
.
Consequently all oratory involves a natural admixture of all these philosophic elements—at least, that is to say, all oratory that is worthy of the name. For mere garrulity that is ignorant of all such learning must needs go astray, since its guides are either non-existent or false. Physics on the other hand is far richer than the other branches of philosophy, if viewed from the standpoint of providing exercise in speaking, in proportion as a loftier inspiration is required to speak of things divine than of things human; and further it includes within its scope the whole of ethics, which as we have shown are essential to the very existence of oratory.
3581
Nam
si
regitur
providentia
mundus
,
administranda
certe
bonis
viris
erit
res
publica
;
si
divina
nostris
animis
origo
,
tendendum
ad
virtutem
nec
voluptatibus
terreni
corporis
serviendum
.
An
haec
non
frequenter
tractabit
orator
?
Iam
de
auguriis
,
responsis
,
religione
denique
omni
,
de
quibus
maxima
saepe
in
senatu
consilia
versata
sunt
,
non
erit
ei
disserendum
,
si
quidem
,
ut
nobis
placet
,
futurus
est
vir
civilis
idem
?
Quae
denique
intelligi
saltem
potest
eloquentia
hominis
optima
nescientis
?
For, if the world is governed by providence, it will certainly be the duty of all good men to bear their part in the administration of the state. If the origin of our souls be divine, we must win our way towards virtue and abjure the service of the lusts of our earthly body. Are not these themes which the orator will frequently be called upon to handle? Again there are questions concerned with auguries and oracles or any other religious topic (all of them subjects that have often given rise to the most important debates in the senate) on which the orator will have to discourse, if he is also to be the statesman we would have him be. And finally, how can we conceive of any real eloquence at all proceeding from a man who is ignorant of all that is best in the world?
3582
Haec
si
ratione
manifesta
non
essent
,
exemplis
tamen
crederemus
.
Siquidem
et
Periclem
,
cuius
eloquentiae
,
etiamsi
nulla
ad
nos
monumenta
venerunt
,
vim
tamen
quandam
incredibilem
cum
historici
,
tum
etiam
,
liberrimum
hominum
genus
,
comici
veteres
tradunt
,
Anaxagorae
physici
constat
auditorem
fuisse
,
et
Demosthenem
,
principem
omnium
Graeciae
oratorum
,
dedisse
operam
Platoni
.
If our reason did not make these facts obvious, we should still be led by historical examples to believe their truth. For Pericles, whose eloquence, despite the fact that it has left no visible record for posterity, was none the less, if we may believe the historians and that free-speaking tribe, the old comic poets, endowed with almost incredible force, is known to have been a pupil of the physicist Anaxagoras, while Demosthenes, greatest of all the orators of Greece, sat at the feet of Plato.
3583
Nam
M
.
Tullius
,
non
tantum
se
debere
scholis
rhetorum
,
quantum
Academiae
spatiis
,
frequenter
ipse
testatus
est
;
neque
se
tanta
in
eo
unquam
fudisset
ubertas
,
si
ingenium
suum
consaepto
fori
,
non
ipsius
rerum
naturae
finibus
terminasset
.
Verum
ex
hoc
alia
mihi
quaestio
exoritur
,
quae
secta
conferre
plurimum
eloquentiae
possit
,
quanquam
ea
non
inter
multas
potest
esse
contentio
.
As for Cicero, he has often proclaimed the fact that he owed less to the schools of rhetoric than to the walks of Academe: nor would he ever have developed such amazing fertility of talent, had he bounded his genius by the limits of the forum and not by the frontiers of nature herself. But this leads me to another question as to which school of philosophy is like to prove of most service to oratory, although there are only a few that can be said to contend for this honour.
3584
Nam
in
primis
nos
Epicurus
a
se
ipse
dimittit
,
qui
fugere
omnem
disciplinam
navigatione
quam
velocissima
iubet
.
Neque
vero
Aristippus
,
summum
in
voluptate
corporis
bonum
ponens
,
ad
hunc
nos
laborem
hortetur
.
Pyrrhon
quidem
quas
in
hoc
opere
habere
partes
potest
?
cui
iudices
esse
,
apud
quos
verba
faciat
,
et
reum
,
pro
quo
loquatur
,
et
senatum
,
in
quo
sit
dicenda
sententia
,
non
liquebit
.
For in the first place Epicurus banishes us from his presence without more ado, since he bids all his followers to fly from learning in the swiftest ship that they can find. Nor would Aristippus, who regards the highest good as consisting in physical pleasure, be likely to exhort us to the toils entailed by our study. And what part can Pyrrho have in the work that is before us? For he will have doubts as to whether there exist judges to address, accused to defend, or a senate where he can be called upon to speak his opinion.
3585
Academiam
quidam
utilissimam
credunt
,
quod
mos
in
utramque
partem
disserendi
ad
exercitationem
forensium
causarum
proxime
accedat
.
Adiiciunt
loco
probationis
,
quod
ea
praestantissimos
in
eloquentia
viros
ediderit
.
Peripatetici
studio
quoque
se
quodam
oratorio
iactant
;
nam
theses
dicere
exercitationis
gratia
fere
est
ab
iis
institutum
.
Stoici
,
sicut
copiam
nitoremque
eloquentiae
fere
praeceptoribus
suis
defuisse
concedant
necesse
est
,
ita
nullos
aut
probare
acrius
aut
concludere
subtilius
contendunt
.
Some authorities hold that the Academy will be the most useful school, on the ground that its habit of disputing on both sides of a question approaches most nearly to the actual practice of the courts. And by way of proof they add the fact that this school has produced speakers highly renowned for their eloquence. The Peripatetics also make it their boast that they have a form of study which is near akin to oratory. For it was with them in the main that originated the practice of declaiming on general questions by way of exercise. The Stoics, though driven to admit that, generally speaking, their teachers have been deficient both in fullness and charm of eloquence, still contend that no men can prove more acutely or draw conclusions with greater subtlety than themselves.
3586
Sed
haec
inter
ipsos
,
qui
velut
sacramento
rogati
vel
etiam
superstitione
constricti
nefas
ducunt
a
suscepta
semel
persuasione
discedere
.
Oratori
vero
nihil
est
necesse
in
cuiusquam
iurare
leges
.
But all these arguments take place within their own circle, for, as though they were tied by some solemn oath or held fast in the bonds of some superstitious belief, they consider that it is a crime to abandon a conviction once formed. On the other hand, there is no need for an orator to swear allegiance to any one philosophic code.
3587
Maius
enim
est
opus
atque
praestantius
,
ad
quod
ipse
tendit
,
et
cuius
est
velut
candidatus
,
si
quidem
est
futurus
cum
vitae
,
tum
etiam
eloquentiae
laude
perfectus
.
Quare
in
exemplum
bene
dicendi
facundissimum
quemque
proponet
sibi
ad
imitandum
,
moribus
vero
formandis
quam
honestissima
praecepta
rectissimamque
ad
virtutem
viam
deliget
.
Exercitatione
quidem
utetur
omni
,
sed
tamen
erit
plurimus
in
maximis
quibusque
ac
natura
pulcherrimis
.
For lie has a greater and nobler aim, to which he directs all his efforts with as much zeal as if he were a candidate for office, since he is to be made perfect not only in the glory of a virtuous life, but in that of eloquence as well. He will consequently select as his models of eloquence all the greatest masters of oratory, and will choose the noblest precepts and the most direct road to virtue as the means for the formation of an upright character. He will neglect no form of exercise, but will devote special attention to those which are of the highest and fairest nature.
3588
Nam
quae
potest
materia
reperiri
ad
graviter
copioseque
dicendum
magis
abundans
quam
de
virtute
,
de
re
publica
,
de
providentia
,
de
origine
animorum
,
de
amicitia
?
Haec
sunt
,
quibus
mens
pariter
atque
oratio
insurgat
,
quae
vere
bona
,
quid
mitiget
metus
,
coerceat
cupiditates
,
eximat
nos
opinionibus
vulgi
animumque
caelestem
erigat
.
For what subject can be found more fully adapted to a rich and weighty eloquence than the topics of virtue, politics, providence, the origin of the soul and friendship? The themes which tend to elevate mind and language alike are questions such as what things are truly good, what means there are of assuaging fear, restraining the passions and lifting us and the soul that came from heaven clear of the delusions of the common herd.
3589
Neque
ea
solum
,
quae
talibus
disciplinis
continentur
,
sed
magis
etiam
,
quae
sunt
tradita
antiquitus
dicta
ac
facta
praeclare
,
et
nosse
et
animo
semper
agitare
conveniet
.
Quae
profecto
nusquam
plura
maioraque
quam
in
nostrae
civitatis
monumentis
reperientur
.
But it is desirable that we should not restrict our study to the precepts of philosophy alone. It is still more important that we should know and ponder continually all the noblest sayings and deeds that have been handed down to us from ancient times. And assuredly we shall nowhere find a larger or more remarkable store of these than in the records of our own country.
3590
An
fortitudinem
,
iustitiam
,
fidem
,
continentiam
,
frugalitatem
,
contemptum
doloris
ac
mortis
melius
alii
docebunt
quam
Fabricii
,
Curii
,
Reguli
,
Decii
,
Mucii
aliique
innumerabiles
?
Quantum
enim
Graeci
praeceptis
valent
,
tantum
Romani
,
quod
est
maius
,
exemplis
.
Who will teach courage, justice, loyalty, self-control, simplicity, and contempt of grief and pain better than men like Fabricius, Curius, Regulus, Decius, Mucius and countless others? For if the Greeks bear away the palm for moral precepts, Rome can produce more striking examples of moral performance, which is a far greater thing.
3591
Tantum
quod
non
cognitis
ille
rebus
adquieverit
,
qui
non
modo
proximum
tempus
lucemque
praesentem
intueri
satis
credat
,
sed
omnem
posteritatis
memoriam
spatium
vitae
honestae
et
curriculum
laudis
existimet
.
Hinc
mihi
ille
iustitiae
haustus
bibat
,
hinc
sumptam
libertatem
in
causis
atque
consiliis
praestet
.
Neque
erit
perfectus
orator
,
nisi
qui
honeste
dicere
et
sciet
et
audebit
.
But the man who does not believe that it is enough to fix his eyes merely on his own age and his own transitory life, but regards the space allotted for an honourable life and the course in which glory's race is run as conditioned solely by the memory of posterity, will not rest content with a mere knowledge of the events of history. No, it is from the thought of posterity that he must inspire his soul with justice and derive that freedom of spirit which it is his duty to display when he pleads in the courts or gives counsel in the senate. No man will ever be the consummate orator of whom we are in quest unless he has both the knowledge and the courage to speak in accordance with the promptings of honour.
3592
Iuris
quoque
civilis
necessaria
huic
viro
scientia
est
et
morum
ac
religionum
eius
rei
publicae
,
quam
capesset
.
Nam
qualis
esse
suasor
in
consiliis
publicis
privatisve
poterit
tot
rerum
,
quibus
praecipue
civitas
continetur
,
ignarus
?
Quo
autem
modo
patronum
se
causarum
non
falso
dixerit
,
qui
,
quod
est
in
causis
potentissimum
,
sit
ab
altero
petiturus
,
paene
non
dissimilis
iis
,
qui
poetarum
scripta
pronuntiant
?
III. Our orator will also require a knowledge of civil law and of the custom and religion of the state in whose life he is to bear his part. For how will he be able to advise either in public or in private, if he is ignorant of all the main elements that go to make the state? How can he truthfully call himself an advocate if he has to go to others to acquire that knowledge which is all-important in the courts? He will be little better than if he were a reciter of the poets.
3593
Nam
quodammodo
mandata
perferet
,
et
ea
,
quae
sibi
a
iudice
credi
postulaturus
est
,
aliena
fide
dicet
,
et
ipse
litigantium
auxiliator
egebit
auxilio
.
Quod
ut
fieri
nonnunquam
minore
incommodo
possit
,
cum
domi
praecepta
et
composita
et
sicut
cetera
,
quae
in
causa
sunt
,
inde
discendo
cognita
ad
iudicem
perfert
,
quid
fiet
in
iis
quaestionibus
,
quae
subito
inter
ipsas
actiones
nasci
solent
?
non
deformiter
respectet
et
inter
subsellia
minores
advocatos
interroget
?
For he will be a mere transmitter of the instructions that others have given him, it will be on the authority of others that he propounds what he asks the judge to believe, and he whose duty it is to succour the litigant will himself be in need of succour. It is true that at times this may be effected with but little inconvenience, if what he advances for the edification of the judge has been taught him and composed in the seclusion of his study and learnt by heart there like other elements of the case. But what will he do, when he is confronted by unexpected problems such as frequently arise in the actual course of pleading? Will he not disgrace himself by looking round and asking the junior counsel who sit on the benches behind him for advice?
3594
Potest
autem
satis
diligenter
accipere
,
quae
tum
audiet
,
cum
ei
dicenda
sunt
,
aut
fortiter
adfirmare
aut
ingenue
pro
suis
dicere
?
Possit
in
actionibus
:
quid
fiet
in
altercatione
,
ubi
occurrendum
continuo
,
nec
libera
ad
discendum
mora
est
?
Quid
,
si
forte
peritus
iuris
ille
non
aderit
?
Quid
,
si
quis
non
satis
in
ea
re
doctus
falsum
aliquid
subiecerit
?
Hoc
enim
est
maximum
ignorantiae
malum
,
quod
credit
eum
scire
qui
moneat
.
Can lie hope to get a thorough grasp of such information at the very moment when he is required to produce it in his speech? Can he make his assertions with confidence or speak with native simplicity as though his arguments were his own? Grant that he may do so in his actual speech. But what will he do in a debate, when he has continually to meet fresh points raised by his opponent and is given no time to learn up his case? What will do, if he has no legal expert to advise him or if his prompter through insufficient knowledge of the subject provides him with information that is false? It is the most serious drawback of such ignorance, that he will always believe that his adviser knows what he is talking about.
3595
Neque
ego
sum
nostri
moris
ignarus
oblitusve
eorum
,
qui
velut
ad
arculas
sedent
et
tela
agentibus
subministrant
,
neque
idem
Graecos
quoque
nescio
factitasse
,
unde
nomen
his
pragmaticorum
datum
est
.
Sed
loquor
de
oratore
,
qui
non
clamorem
modo
suum
causis
,
sed
omnia
,
quae
profutura
sunt
,
debet
.
I am not ignorant of the generally prevailing custom, nor have I forgotten those who sit by our store-chests and provide weapons for the pleader: I know too that the Greeks did likewise: hence the name of pragmaticus which was bestowed on such persons. But I am speaking of an orator, who owes it as a duty to his case to serve it not merely by the loudness of his voice, but by all other means that may be of assistance to it.
3596
Itaque
eum
nec
inutilem
,
si
ad
horam
forte
constiterit
,
neque
in
testationibus
faciendis
esse
imperitum
velim
.
Quis
enim
potius
praeparabit
ea
quae
,
cum
aget
,
esse
in
causa
velit
?
Nisi
forte
imperatorem
quis
idoneum
credit
in
proeliis
quidem
strenuum
et
fortem
et
omnium
,
quae
pugna
poscit
,
artificem
,
sed
neque
delectus
agere
nec
copias
contrahere
atque
instruere
nec
prospicere
commeatus
nec
locum
capere
castris
scientem
;
prius
est
enim
certe
parare
bella
quam
gerere
.
Consequently I do not wish my orator to be helpless, if it so chance that he puts in an appearance for the preliminary proceedings to which the hour before the commencement of the trial is allotted, or to be unskilful in the preparation and production of evidence. For who, sooner than himself, should prepare the points which he wishes to be brought out when he is pleading? You might as well suppose that the qualifications of a successful general consist merely in courage and energy in the field of battle and skill in meeting all the demands of actual conflict, while suffering him to be ignorant of the methods of levying troops, mustering and equipping his forces, arranging for supplies or selecting a suitable position for his camp, despite the fact that preparation for war is an essential preliminary for its successful conduct.
3597
Atqui
simillimus
huic
sit
advocatus
,
si
plura
,
quae
ad
vincendum
valent
,
aliis
reliquerit
,
cum
praesertim
hoc
,
quod
est
maxime
necessarium
,
nec
tam
sit
arduum
,
quam
procul
intuentibus
fortasse
videatur
.
Namque
omne
ius
,
quod
est
certum
,
aut
scripto
aut
moribus
constat
;
dubium
aequitatis
regula
examinandum
est
.
And yet such a general would bear a very close resemblance to the advocate who leaves much of the detail that is necessary for success to the care of others, more especially in view of the fact that this, the most necessary element in the management of a case, is not as difficult as it may perhaps seem to outside observers. For every point of law, which is certain, is based either on written law or accepted custom: if, on the other hand, the point is doubtful, it must be examined in the light of equity.
3598
Quae
scripta
sunt
aut
posita
in
more
civitatis
,
nullam
habent
difficultatem
,
cognitionis
sunt
enim
,
non
inventionis
;
at
quae
consultorum
responsis
explicantur
,
aut
in
uerborum
interpretatione
sunt
posita
aut
in
recti
pravique
discrimine
.
Vim
cuiusque
vocis
intelligere
aut
commune
prudentium
est
aut
proprium
oratoris
;
aequitas
optimo
cuique
notissima
.
Laws which are either written or founded on accepted custom present no difficulty, since they call merely for knowledge and make no demand on the imagination. On the other hand, the points explained in the rulings of the legal experts turn either on the interpretation of words or on the distinction between right and wrong. To understand the meaning of each word is either common to all sensible men or the special possession of the orator, while the demands of equity are known to every good man.
3599
Nos
porro
et
bonum
virum
et
prudentem
in
primis
oratorem
putamus
,
qui
cum
se
ad
id
,
quod
est
optimum
natura
,
direxerit
,
non
magnopere
commovebitur
,
si
quis
ab
eo
consultus
dissentiet
;
cum
ipsis
illis
diversas
inter
se
opiniones
tueri
concessum
sit
.
Sed
etiam
,
si
nosse
,
quid
quisque
senserit
,
volet
,
lectionis
opus
est
,
qua
nihil
est
in
studiis
minus
laboriosum
.
Now I regard the orator above all as being a man of virtue and good sense, who will not be seriously troubled, after having devoted himself to the study of that which is excellent by nature, if some legal expert disagrees with him; for even they are allowed to disagree among themselves. But if he further wishes to know the views of everyone, he will require to read, and reading is the least laborious of' all the tasks that fall to the student's lot.
3600
Quodsi
plerique
,
desperata
facultate
agendi
,
ad
discendum
ius
declinaverunt
,
quam
id
scire
facile
est
oratori
,
quod
discunt
qui
sua
quoque
confessione
oratores
esse
non
possunt
?
Verum
et
M
.
Cato
cum
in
dicendo
praestantissimus
,
tum
iuris
idem
fuit
peritissimus
,
et
Scaevolae
Servioque
Sulpicio
concessa
est
etiam
facundiae
virtus
.
Moreover, if the class of legal experts is as a rule drawn from those who, in despair of making successful pleaders, have taken refuge with the law, how easy it must be for an orator to know what those succeed in learning, who by their own confession are incapable of becoming orators! But Marcus Cato was at once a great orator and an expert lawyer, while Scaevola and Servius Sulpicius were universally allowed to be eloquent as well.
3601
Et
M
.
Tullius
non
modo
inter
agendum
nunquam
est
destitutus
scientia
iuris
,
sed
etiam
componere
aliqua
de
eo
coeperat
,
ut
appareat
posse
oratorem
non
discendo
tantum
iuri
vacare
,
sed
etiam
docendo
.
And Cicero not merely possessed a sufficient supply of legal knowledge to serve his needs when pleading, but actually began to write on the subject, so that it is clear that an orator has not merely time to learn, but even to teach the law.
3602
Verum
ea
,
quae
de
moribus
excolendis
studioque
iuris
praecipimus
,
ne
quis
eo
credat
reprehendenda
,
quod
multos
cognovimus
,
qui
taedio
laboris
,
quem
ferre
tendentibus
ad
eloquentiam
necesse
est
,
confugerint
ad
haec
deverticula
desidiae
.
Quorum
alii
se
ad
album
ac
rubricas
transtulerunt
et
formularii
vel
,
ut
Cicero
ait
,
leguleii
quidam
esse
maluerunt
,
tanquam
utiliora
eligentes
ea
,
quorum
solam
facilitatem
sequebantur
;
Let no one, however, regard the advice I have given as to the attention due to the development of character and the study of the law as being impugned by the fact that we are familiar with many who, because they were weary of the toil entailed on those who seek to scale the heights of eloquence, have betaken themselves to the study of law as a refuge for their indolence. Some of these transfer their attention to the praetor's edicts or the civil law, and have preferred to become specialists in formulae, or legalists, as Cicero calls them, on the pretext of choosing a more useful branch of study, whereas their real motive was its comparative easiness.
3603
alii
pigritiae
arrogantioris
,
qui
subito
fronte
conficta
immissaque
barba
,
veluti
despexissent
oratoria
praecepta
,
paulum
aliquid
sederunt
in
scholis
philosophorum
,
ut
deinde
in
publico
tristes
,
domi
dissoluti
captarent
auctoritatem
contemptu
ceterorum
.
Philosophia
enim
simulari
potest
,
eloquentia
non
potest
.
Others are the victims of a more arrogant form of sloth; they assume a stern air and let their beards grow, and, as though despising the precepts of oratory, sit for a while in the schools of the philosophers, that, by an assumption of a severe mien before the public gaze and by an affected contempt of others they may assert their moral superiority, while leading a life of debauchery at home. For philosophy may be counterfeited, but eloquence never.
3604
In
primis
vero
abundare
debet
orator
exemplorum
copia
cum
veterum
,
tum
etiam
novorum
,
adeo
ut
non
ea
modo
,
quae
conscripta
sunt
historiis
aut
sermonibus
velut
per
manus
tradita
,
quaeque
cotidie
aguntur
,
debeat
nosse
,
verum
ne
ea
quidem
,
quae
sunt
a
clarioribus
poetis
ficta
,
negligere
.
Above all, our orator should be equipped with a rich store of examples both old and new: and he ought not merely to know those which are recorded in history or transmitted by oral tradition or occur from day to day, but should not neglect even those fictitious examples invented by the great poets.
3605
Nam
illa
quidem
priora
aut
testimoniorum
aut
etiam
iudicatorum
obtinent
locum
,
sed
haec
quoque
aut
vetustatis
fide
tuta
sunt
aut
ab
hominibus
magnis
praeceptorum
loco
ficta
creduntur
.
Sciat
ergo
quam
plurima
;
unde
etiam
senibus
auctoritas
maior
est
,
quod
plura
nosse
et
vidisse
creduntur
,
quod
Homerus
frequentissime
testatur
.
Sed
non
est
exspectanda
ultima
aetas
,
cum
studia
praestent
ut
,
quantum
ad
cognitionem
pertinet
rerum
,
etiam
praeteritis
saeculis
vixisse
videamur
.
For while the former have the authority of evidence or even of legal decisions, the latter also either have the warrant of antiquity or are regarded as having been invented by great men to serve as lessons to the world. He should therefore be acquainted with as many examples as possible. It is this which gives old age so much authority, since the old are believed to have a larger store of knowledge and experience, as Homer so frequently bears witness. But we must not wait till the evening of our days, since study has this advantage that, as far as knowledge of facts is concerned, it is capable of giving the impression that we have lived in ages long gone by.
3606
Haec
sunt
,
quae
me
redditurum
promiseram
,
instrumenta
non
artis
,
ut
quidam
putaverunt
,
sed
ipsius
oratoris
.
Haec
arma
habere
ad
manum
,
horum
scientia
debet
esse
succinctus
,
accedente
verborum
figurarumque
facili
copia
et
inventionis
ratione
et
disponendi
usu
et
memoriae
firmitate
et
actionis
gratia
.
Sed
plurimum
ex
his
valet
animi
praestantia
,
quam
nec
metus
frangat
nec
adclamatio
terreat
nec
audientium
auctoritas
ultra
debitam
reverentiam
tardet
.
Such are the instruments of which I promised to give account, the instruments, that is, not merely of the art, as some have held, but of the orator himself. These are the weapons that he should have ready to his hand, this the knowledge with which he must be equipped, while it must be supplemented by a ready store of words and figures, power of imagination, skill in arrangement, retentiveness of memory and grace of delivery. But of all these qualities the highest is that loftiness of soul which fear cannot dismay nor uproar terrify nor the authority of the audience fetter further than the respect which is their due.
3607
Nam
ut
abominanda
sunt
contraria
his
vitia
confidentiae
,
temeritatis
,
improbitatis
,
arrogantiae
,
ita
citra
constantiam
,
fiduciam
,
fortitudinem
nihil
ars
,
nihil
studium
,
nihil
profectus
ipse
profuerit
,
ut
si
des
arma
timidis
et
imbellibus
.
Invitus
mehercule
dico
,
quoniam
et
aliter
accipi
potest
,
ipsam
verecundiam
,
vitium
quidem
,
sed
amabile
et
quae
virtutes
facillime
generet
,
esse
interim
adversam
,
multisque
in
causa
fuisse
,
ut
bona
ingenii
studiique
in
lucem
non
prolata
situ
quodam
secreti
consumerentur
.
For although the vices which are its opposites, such as arrogance, temerity, impudence and presumption, are all positively obnoxious, still without constancy, confidence and courage, art, study and proficiency will be of no avail. You might as well put weapons into the hands of the unwarlike and the coward. It is indeed with some reluctance, as it may give rise to misunderstanding, that I say that even modesty (which, though a fault in itself, is an amiable failing which may easily be the mother of virtues) is on occasion an impediment and has frequently caused the fruits of genius and study to consume away in the mildew of obscurity merely because they have never been displayed to the public day.
3608
Sciat
autem
,
si
quis
haec
forte
minus
adhuc
peritus
distinguendi
vim
cuiusque
verbi
leget
,
non
probitatem
a
me
reprehendi
,
sed
verecundiam
,
quae
est
timor
quidam
reducens
animum
ab
iis
quae
facienda
sunt
;
inde
confusio
et
coepti
paenitentia
et
subitum
silentium
.
Quis
porro
dubitet
vitiis
adscribere
adfectum
,
propter
quem
facere
honeste
pudet
?
But in case any of my readers should still lack skill to distinguish the precise meaning of each word, I would have him know that it is not honest shame that is the object of my criticism, but that excess of modesty which is really a form of fear deterring the soul from doing what is its duty to do, and resulting in confusion of mind, regret that our task was ever begun, and sudden silence. For who can hesitate to give the name of fault to a feeling that makes a man ashamed to do what is right?
3609
Neque
ego
rursus
nolo
eum
,
qui
sit
dicturus
,
et
sollicitum
surgere
et
colore
mutari
et
periculum
intelligere
;
quae
si
non
accident
,
etiam
simulanda
erunt
.
Sed
intellectus
hic
sit
operis
,
non
metus
,
moveamurque
,
non
concidamus
.
Optima
est
autem
emendatio
verecundiae
fiducia
,
et
quamlibet
imbecilla
frons
magna
conscientia
sustinetur
.
On the other hand, I am not unwilling that the man who has got to make a speech should show signs of nervousness when he rises to his feet, should change colour and make it clear that he feels the risks of his position: indeed, if these symptoms do not occur naturally, it will be necessary to simulate them. But the feeling that stirs us should be due to the realisation of the magnitude of our task and not to fear: we should be moved, but not to the extent of collapsing. But the best remedy for such excess of modesty is confidence: however great our natural timidity of mien, we shall find strength and support in the consciousness of the nobility of our task.
3610
Sunt
et
naturalia
,
ut
supra
dixi
,
quae
tamen
et
cura
iuvantur
,
instrumenta
,
vox
,
latus
,
decor
;
quae
quidem
tantum
valent
,
ut
frequenter
famam
ingenii
faciant
.
Habuit
oratores
aetas
nostra
copiosiores
,
sed
,
cum
diceret
,
eminere
inter
aequales
Trachalus
videbatur
.
Ea
corporis
sublimitas
erat
,
is
ardor
oculorum
,
frontis
auctoritas
,
gestus
praestantia
,
vox
quidem
non
,
ut
Cicero
desiderat
,
paene
tragoedorum
,
sed
super
omnes
,
quos
ego
quidem
audierim
,
tragoedos
.
There are also those natural instruments which, as I mentioned above, may be further improved by care, such as voice, lungs and grace of carriage and movement, all of which are of such importance as frequently to give a speaker the reputation for talent. Our own age has had orators of greater resource and power, but Trachalus appeared to stand out above all his contemporaries, when he was speaking. Such was the elect produced by his lofty stature, the fire of his eye, the dignity of his brow, the excellence of his gesture, coupled with a voice which was not almost a tragedian's, as Cicero demands that it should be, but surpassed the voice of all tragedians that I have ever heard.