Again, no one will endure an accuser who employs jests to season a really horrible case, nor an advocate for the defence who makes merry over one that calls for pity. Moreover, there is a type of judge whose temperament is too serious to allow him to tolerate laughter.

It may also happen that a jest directed against an opponent may apply to the judge or to our own client, although there are some orators who do not refrain even from jests that may recoil upon themselves. This was the case with Sulpicius Longus, who, despite the fact that he was himself surpassingly hideous, asserted of a man against whom he was appearing in a case involving his status as a free man, that even his face was the face of a slave. To this Domitius Afer replied, Is it your profound conviction, Longus, that an ugly man must be a slave?

Insolence and arrogance are likewise to be avoided, nor must our jests seem unsuitable to the time or place, or give the appearance of studied premeditation, or smell of the lamp, while those directed against the unfortunate are, as I have already said, inhuman. Again, some advocates are men of such established authority and such known respectability, that any insolence shown them would only hurt the assailant. As regards the way in which we should deal with friends I have already given instructions.

It is the duty not merely of an orator, but of any reasonable human being, when attacking one whom it is dangerous to offend to take care that his remarks do not end in exciting serious enmity, or the necessity for a grovelling apology. Sarcasm that applies to a number of persons is injudicious: I refer to cases where it is directed against whole nations or classes of society, or against rank and pursuits which are common to many.

A good man will see that everything he says is consistent with his dignity and the respectability of his character; for we pay too dear for the laugh we raise if it is at the cost of our own integrity. It is, however, a difficult task to indicate the sources from which laughter may be legitimately derived or the topics where it may be naturally employed. To attempt to deal exhaustively with the subject would be an interminable task and a waste of labour.

For the topics suitable to jests are no less numerous than those from which we may derive reflexions, as they are called, and are, moreover, identical with the latter. The powers of invention and expression come into play no less where jests are concerned, while as regards expression its force will depend in part on the choice of words, in part on the figures employed.

Laughter then will be derived either from the physical appearance of our opponent or from his character as revealed in his words and actions, or from external sources; for all forms of raillery come under one or other of these heads; if the raillery is serious, we style it as severe; if, on the other hand, it is of a lighter character, we regard it as humorous. These themes for jest may be pointed out to the eye or described in words or indicated by some mot.

It is only on rare occasions that it is possible to make them visible to the eye, as Gaius Julius Cic. de Or. II. lxvi. 266. did when Helvius Mancia kept clamouring against him. I will show you what you're like! he cried, and then, as Mancia persisted in asking him to do so, pointed with his finger at the picture of a Gaul painted on a Cimbric shield, a figure to which Mancia bore a striking resemblance. There were shops round the forum and the shield had been hung up over one of them by way of a sign.

The narration of a humorous story may often be used with clever effect and is a device eminently becoming to an orator. Good examples are the story told of Caepasius and Fabricius, which Cicero tells in the pro Cluentio, or the story told by Caelius of the dispute between Decimus Laelius and his colleague when they were both in a hurry to reach their province first. But in all such cases the whole narrative must possess elegance and charm, while the orator's own contribution to the story should be the most humorous element. Take for instance the way in which Cicero gives a special relish to the flight of Fabricius. pro Cluent. xxi. 58.

And so, just at the moment when he thought his speech was showing him at his best and he had uttered the following solemn words, words designed to prove a master-stroke of art, 'Look at the fortunes of mankind, gentlemen, look at the aged form of Gaius Fabricius,' just at that very moment, I say, when he had repeated the word 'look' several times by way of making his words all the more impressive, he looked himself, and found that Fabricius had slunk out of court with his head hanging down. I will not quote the rest of the passage, for it is well known. But he develops the theme still further although the plain facts amount simply to this, that Fabricius had left the court.

The whole of the story told by Caelius is full of wit and invention, but the gem of the passage is its conclusion. He followed him, but how he crossed the straits, whether it was in a ship or a fisherman's boat, no one knew; but the Sicilians, being of a lively turn of wit, said that he rode on a dolphin and effected his crossing like a second Arion. i.e. D. Laelius or his colleague: see § 39. Cicero Orat xxvi. 87.

thinks that humour belongs to narrative and wit to sallies against the speaker's antagonist. Domitius Afer showed remarkable finish in this department; for, while narratives of the kind I have described are frequent in his speeches, several books have been published of his witticisms as well.

This latter form of wit lies not merely in sallies and brief displays of wit, but may be developed at greater length, witness the story told by Cicero in the second book of his de Oratore, 223. in which Lucius Crassus dealt with Brutus, against whom he was appearing in court.

Brutus was prosecuting Cnaeus Plancus and had produced two readers Probably members of his household, employed on this occasion to read out passages from Crassus' previous speeches. to show that Lucius Crassus, who was counsel for the defence, in the speech which he delivered on the subject of the colony of Narbo had advocated measures contrary to those which he recommended in speaking of the Servilian law. Crassus, in reply, called for three readers and gave them the dialogues of Brutus' father to read out. One of these dialogues was represented as taking place on his estate at Privernum, the second on his estate at Alba, and the third on his estate at Tibur. Crassus then asked where these estates were. Now Brutus had sold them all, and in those days it was considered somewhat discreditable to sell one's paternal acres. Similar attractive effects of narrative may be produced by the narration of fables or at times even of historical anecdotes.

On the other hand brevity in wit gives greater point and speed. It may be employed in two ways, according as we are the aggressors, or are replying to our opponents; the method, however, in both cases is to some extent the same. For there is nothing that can be said in attack that cannot be used in riposte.

But there are certain points which are peculiar to reply. For remarks designed for attack are usually brought ready-made into court, after long thought at home, whereas those made in reply are usually improvised during a dispute or the cross-examination of witnesses. But though there are many topics on which we may draw for our jests, I must repeat that not all these topics are becoming to orators:

above all doubles entendres and obscenity, such as is dear to the Atellan farce, are to be avoided, as also are those coarse jibes so common on the lips of the rabble, where the ambiguity of words is turned to the service of abuse. I cannot even approve of a similar from of jest, that sometimes slipped out even from Cicero, though not when he was pleading in the courts: for example, once when a candidate, alleged to be the son of a cook, solicited someone else's vote in his presence, he said, Ego quoque tibi favebo. The pun is untranslatable, turning as it does on the similarity of sound between coque and quoque, so that the sentence might mean either I will support you, cook, or I too will support you.

I say this not because I object absolutely to all play on words capable of two different meanings, but because such jests are rarely effective, unless they are helped out by actual facts as well as similarity of sound. For example, I regard the jest which Cicero levelled against that same Isauricus, whom I mentioned above, as being little less than sheer buffoonery. I wonder, he said, why your father, the steadiest of men, left behind him such a stripy gentleman as yourself. Here again the pun is virtually untranslatable. Varium is used in the double sense of unstable or mottled, with reference to the story that he had been scourged by his father. See above §25.

On the other hand, the following instance of the same type of wit is quite admirable: when Milo's accuser, by way of proving that he had lain in wait for Clodius, alleged that he had put up at Bovillae before the ninth hour in order to wait until Clodius left his villa, and kept repeating the question, When was Clodius killed? , Cicero replied, Late! sero may mean at a late hour or too late. a retort which in itself justifies us in refusing to exclude this type of wit altogether. Sometimes,

too, the same word may be used not merely in several senses, but in absolutely opposite senses. For example, Nero Cic. de Or. II. lxi. 248. Probably C. Claudius Nero victor of the Metaurus. said of a dishonest slave, No one was more trusted in my house: there was nothing closed or sealed to him.