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                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div n="urn:cts:latinLit:phi1002.phi001.perseus-eng2" type="translation" xml:lang="eng"><div n="12" type="textpart" subtype="book"><div n="1" type="textpart" subtype="chapter"><div n="21" type="textpart" subtype="section"><p> and indeed had I felt otherwise in this connexion, I might have defended
                            my point with greater boldness and freedom. <note anchored="true" place="unspecified"> Quintilian's reverence for Cicero is such that
                                he feels hampered in maintaining his thesis. </note> Marcus Antonius
                            declared that he had seen no man who was genuinely eloquent (and to be
                            eloquent is a far less achievement than to be an orator), while Cicero
                            himself has failed to find his orator in actual life and merely imagines
                            and strives to depict the ideal. Shall I then be afraid to say that in
                            the eternity of time that is yet to be, something more perfect may be
                            found than has yet existed? </p></div><div n="22" type="textpart" subtype="section"><p> I say nothing of those critics who will not allow sufficient credit even
                            for eloquence to Cicero and Demosthenes, although Cicero himself does
                            not regard Demosthenes as flawless, but asserts that he sometimes nods,
                                <note anchored="true" place="unspecified">See x. i. 24.</note> while
                            even Cicero fails to satisfy Brutus and Calvus (at any rate they
                            criticised his style to his face), or to win the complete approval of
                            either of the Asinii, who in various passages attack the faults of his
                            oratory in language which is positively hosthe. <pb n="v10-12 p.369"/>
                     </p></div><div n="23" type="textpart" subtype="section"><p> However, let us fly in the face of nature and assume that a bad man has
                            been discovered who is endowed with the highest eloquence. I shall none
                            the less deny that he is an orator. For I should not allow that every
                            man who has shown himself ready with his hands was necessarily a brave
                            man, because true courage cannot be conceived of without the
                            accompaniment of virtue. </p></div><div n="24" type="textpart" subtype="section"><p> Surely the advocate who is called to defend the accused requires to be a
                            man of honour, honour which greed cannot corrupt, influence seduce, or
                            fear dismay. Shall we then dignify the traitor, the deserter, the
                            turncoat with the sacred name of orator? But if the quality which is
                            usually termed goodness is to be found even in quite ordinary advocates,
                            why should not the orator, who has not yet existed, but may still be
                            born, be no less perfect in character than in excellence of speech? </p></div><div n="25" type="textpart" subtype="section"><p> It is no hack-advocate, no hireling pleader, nor yet, to use no harser
                            term, a serviceable attorney of the class generally known as <hi rend="italic">causidici,</hi> that I am seeking to form, but rather
                            a man who to extraordinary natural gifts has added a thorough mastery of
                            all the fairest branches of knowledge, a man sent by heaven to be the
                            blessing of mankind, one to whom all history can find no parallel,
                            uniquely perfect in every detail and utterly noble alike in thought and
                            speech. </p></div><div n="26" type="textpart" subtype="section"><p> How small a portion of all these abilities will be required for the
                            defence of the innocent, the repression of crime or the support of truth
                            against falsehood in suits involving questions of money? It is true that
                            our supreme orator will bear his part in such tasks, but his powers will
                            be displayed with brighter splendour in greater matters than these, when
                            he is called upon to direct the counsels of the senate and <pb n="v10-12 p.371"/> guide the people from the paths of error to better
                            things. </p></div><div n="27" type="textpart" subtype="section"><p> Was not this the man conceived by Virgil and described as quelling a
                            riot when torches and stones have begun to fly: <note anchored="true" place="unspecified"><hi rend="italic">Aen.</hi> i. 151 <hi rend="italic">sqq.</hi>
                        </note>
                        <quote rend="blockquote"><quote><l part="N">Then, if before their eyes some statesman
                                        grave</l><l part="N">Stand forth, with virtue and high
                                        service crowned,</l><l part="N">Straight are they dumb and
                                        stand intent to hear.</l></quote></quote> Here then we have
                            one who is before all else a good man, and it is only after this that
                            the poet adds that he is skilled in speaking: <quote rend="blockquote"><l part="N"><quote>His words their minds control, their
                                        passions soothe.</quote></l></quote> Again, </p></div><div n="28" type="textpart" subtype="section"><p> will not this same man, whom we are striving to form, if in time of war
                            he be called upon to inspire his soldiers with courage for the fray,
                            draw for his eloquence on the innermost precepts of philosophy? For how
                            can men who stand upon the verge of battle banish all the crowding fears
                            of hardship, pain and death from their minds, unless those fears be
                            replaced by the sense of the duty that they owe their country, by
                            courage and the lively image of a soldier's honour? </p></div><div n="29" type="textpart" subtype="section"><p> And assuredly the man who will best inspire such feelings in others is
                            he who has first inspired them in himself. For however we strive to
                            conceal it, insincerity will always betray itself, and there was never
                            in any man so great eloquence as would not begin to stumble and hesitate
                            so soon as his words ran counter to his inmost thoughts. </p></div><div n="30" type="textpart" subtype="section"><p> Now: a bad man cannot help speaking things other than he feels. On the
                            other land, the good will never be at a loss for honourable words or
                            fail to find matter full of virtue for utterance, since among his
                            virtues practical wisdom will be one. And even though his <pb n="v10-12 p.373"/> imagination lacks artifice to lend it charm, its
                            own nature will be ornament enough, for if honour dictate the words, we
                            shall find eloquence there as well. </p></div><div n="31" type="textpart" subtype="section"><p> Therefore, let those that are young, or rather let all of us, whatever
                            our age, since it is never too late to resolve to follow what is right,
                            strive with all our hearts and devote all our efforts to the pursuit of
                            virtue and eloquence; and perchance it may be granted to us to attain to
                            the perfection that we seek. For since nature does not forbid the
                            attainment of either, why should not someone succeed in attaining both
                            together? And why should not each of us hope to be that happy man? </p></div><div n="32" type="textpart" subtype="section"><p> But if our powers are inadequate to such achievement, we shall still be
                            the better for the double effort in proportion to the distance which we
                            have advanced toward either goal. At any rate let us banish from our
                            hearts the delusion that eloquence, the fairest of all things, can be
                            combined with vice. The power of speaking is even to be accounted an
                            evil when it is found in evil men; for it makes its possessors yet worse
                            than they were before. </p></div><div n="33" type="textpart" subtype="section"><p> I think I hear certain persons (for there will always be some who had
                            rather be eloquent than good) asking, <quote> Why then is there so much
                                art in connexion with eloquence? Why have you talked so much of
                                'glosses,' <note anchored="true" place="unspecified"><hi rend="italic">color</hi> is a technical term for <quote> the
                                        particular aspect given to a case by skilful manipulation of
                                        the facts—the 'gloss' or 'varnish' put on them by the
                                        accused or accuser. </quote> —Peterson <hi rend="italic">on
                                        Quint.</hi> X. i. 116. </note> the methods of defence to be
                                employed in difficult cases, and sometimes even of actual confession
                                of guilt, unless it is the case that the power and force of speech
                                at times triumphs over truth itself? For a good man will only plead
                                good cases, and those might safely be left to truth to support
                                without the aid of learning. </quote>
                     </p></div><div n="34" type="textpart" subtype="section"><p> Now, though my reply to these critics will in the first place be a
                            defence of my own work, it will also explain what <pb n="v10-12 p.375"/> I
                            consider to be the duty of a good man on occasions when circumstances
                            have caused him to undertake the defence of the guilty. For it is by no
                            means useless to consider how at times we should speak in defence of
                            falsehood or even of injustice, if only for this reason, that such an
                            investigation will enable us to detect and defeat them with the greater
                            ease, just as the physician who has a thorough knowledge of all that can
                            injure the health will be all the more skilful in the prescription of
                            remedies. </p></div><div n="35" type="textpart" subtype="section"><p> For the Academicians, although they will argue on either side of a
                            question, do not thereby commit themselves to taking one of these two
                            views as their guide in life to the exclusion of the other, while the
                            famous Carneades, who is said to have spoken at Rome in the presence of
                            Cato the Censor, and to have argued against justice with no less vigour
                            than he had argued for justice on the preceding day, was not himself an
                            unjust man. But the nature of virtue is revealed by vice, its opposite,
                            justice becomes yet more manifest from the contemplation of injustice,
                            and there are many other things that are proved by their contraries.
                            Consequently the schemes of his adversaries should be no less well known
                            to the orator than those of the enemy to a commander in the field. </p></div><div n="36" type="textpart" subtype="section"><p> But it is even true, although at first sight it seems hard to believe,
                            that there may be sound reason why at times a good man who is appearing
                            for the defence should attempt to conceal the truth from the judge. If
                            any of my readers is surprised at my making such a statement (although
                            this opinion is not of my own invention, but is derived from those whom
                            antiquity regarded as the greatest teachers of wisdom), I would have him
                            reflect that <pb n="v10-12 p.377"/> there are many things which are made
                            honourable or the reverse not by the nature of the facts, but by the
                            causes from which they spring. </p></div><div n="37" type="textpart" subtype="section"><p> For if to slay a man is often a virtue and to put one's own children to
                            death is at times the noblest of deeds, and if it is permissible in the
                            public interest to do deeds yet more horrible to relate than these, we
                            should assuredly take into consideration not solely and simply what is
                            the nature of the case which the good man undertakes to defend, but what
                            is his reason and what his purpose in so doing. </p></div><div n="38" type="textpart" subtype="section"><p> And first of all everyone must allow, what even the sternest of the
                            Stoics admit, that the good man will sometimes tell a lie, and further
                            that he will sometimes do so for comparatively trivial reasons; for
                            example we tell countless lies to sick children for their good and make
                            many promises to them which we do not intend to perform. </p></div><div n="39" type="textpart" subtype="section"><p> And there is clearly far more justification for lying when it is a
                            question of diverting an assassin from his victim or deceiving an enemy
                            to save our country. Consequently a practice which is at times
                            reprehensible even in slaves, may on other occasions be praiseworthy
                            even in a wise man. If this be granted, I can see that there will be
                            many possible emergencies such as to justify an orator in undertaking
                            cases of a kind which, in the absence of any honourable reason, he would
                            have refused to touch. </p></div><div n="40" type="textpart" subtype="section"><p> In saying this I do not mean that we should be ready under any
                            circumstances to defend our father, brother or friend when in peril
                            (since I hold that we should be guided by stricter rules in such
                            matters), although such contingencies may well cause us no little
                            perplexity, when we have to decide between the rival claims of justice
                            and natural <pb n="v10-12 p.379"/> affection. But let us put the problem
                            beyond all question of doubt. Suppose a man to have plotted against a
                            tyrant and to be accused of having done so. Which of the two will the
                            orator, as defined by us, desire to save? And if he undertakes the
                            defence of the accused, will he not employ falsehood with no less
                            readiness than the advocate who is defending a bad case before a jury?
                        </p></div></div></div></div></body></text></TEI>
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