Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
For this reason, it is of the first importance that we should know what style is most suitable for conciliating, instructing or moving the judge, and what effects we should aim at in different parts of our speech. Thus we shall eschew antique, metaphorical and newly-coined words in our exordium, statement of facts and arguments, as we shall avoid flowing periods woven with elaborate grace, when the case has to be divided and distinguished under its various heads, while, on the other hand, we shall not employ mean or colloquial language, devoid of all artistic
For all ornament derives its effect not from its own qualities so much as from the circumstances in which it is applied, and the occasion chosen for saying anything is at least as important a consideration as what is actually said. But the whole of this question of appropriate language turns on something more than our choice of style, for it has much in common with invention. For if words can produce such an impression, how much greater must that be which is created by the facts themselves. But I have already laid down rules for the treatment of the latter in various portions of this work.
Too much insistence cannot be laid upon the point that no one can be said to speak appropriately who has not considered not merely what it is expedient, but also what it is becoming to say. I am well aware that these two considerations generally go hand in hand. For whatever is becoming is, as a rule, useful, and there is nothing that does more to conciliate the good-will of the judge than the observance or to alienate it than the disregard of these considerations.