Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
To these proof's some authorities would add those which they call pathetic or emotional. Aristotle [*](Rhet. I. ii. 4. ) indeed holds that the strongest argument in support of a speaker is that he is a good man. This no doubt is the best support, but to seem good is also of value, though the semblance is but a bad second to the reality.
Of this nature is the noble defence of Scaurus.
Quintus Varius of Sucro asserts that Aemilius Scaurus has betrayed the interests of the Roman people: Aemilius Scaurus denies it.A similar defence is said to have been employed by Iphicrates [*]( At. Rhet. II. xxiii. 7. ) : he asked Aristophon who was accusing him on a similar charge of treason whether lie would consent to betray his country for a bribe: when Aristophon replied in the negative, he continued,
Have I then done what you would have refused to do?
We must however take the character of the judge into consideration and seek out such arguments as will appeal to him. I have already spoken of this in the rules which I laid