Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

some who have grown old in the schools lose their heads when confronted by the novelty of the law courts and wish that it were possible to reproduce all the conditions under which they delivered their exercises. But there sits the judge in silence, their opponent bellows at them, no rash utterance passes unnoticed and all assumptions must be proved, the clock cuts short the speech that has been laboriously pieced together at the cost of hours of study both by day and night, and there are certain cases which require simplicity of language and the abandonment of the perpetual bombast of the schools, a fact which these fluent fellows completely fail to realise.

And so you will find some persons who regard themselves as too eloquent to speak in the courts. On the other hand, the man, whom we conducted to the forum while still young and in the charm of immaturity, should begin with as easy and favourable a case as may be (just as the cubs of wild beasts are brought up to start with on softer forms of prey), and should not proceed straight from this commencement to plead case after case without a break, or cause his talents to set and harden while they still require nourishment; on the contrary, as soon as he has come to realise the nature of the conflicts in which he will have to engage and the object to which his studies should be directed, he should take an interval of rest and refreshment. Thus,

at an age to which boldness is still natural, he will find it easy to get over the timidity which invariably accompanies the period of apprenticeship, and

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will not, on the other hand, carry his boldness so far as to lead him to despise the difficulties of his task. This was the method employed by Cicero: for when he had already won a distinguished position at the bar of his day, he took ship to Asia and there studied under a number of professors of philosophy and rhetoric, but above all under Apollonius Molon, whose lectures he had attended at Rome and to whom he now at Rhodes entrusted the refashioning and recasting of his style. It is only when theory and practice are brought into a perfect harmony that the orator reaps the reward of all his study.

When our orator has developed his strength to such a pitch that it is equal to every kind of confact in which he may be called upon to bear his part, his first consideration should be to exercise care in the choice of the cases which he proposes to undertake. A good man will undoubtedly prefer defence to prosecution, but he will not have such a rooted objection to the task of accuser as to disregard his duty towards the state or towards individuals and refuse to call any man to render an account of his way of life. For the laws themselves would be powerless without the assistance of advocates equal to the task of supporting them; and to regard it as a sin to demand the punishment of crime is almost equivalent to the sanctioning of crime, while it is certainly contrary to the interest of the good to give the wicked free leave to work their will.

Therefore, our orator will not suffer the complaints of our allies, the death of friends or kinsmen, or conspiracies that threaten the common weal to go unavenged, while his conduct will be governed not by a passion to secure the punishment of the guilty, but by the

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desire to correct vice and reform morals. For fear is the only means of restraining those who cannot be led to better ways by the voice of reason.