Institutio Oratoria

Further, it will often be found that the thread is broken or the seal tampered with or the signatures unsupported by witnesses. And unless you discover such facts at home, they will take you by surprise in court and trip you up, doing you more harm by forcing you to abandon them than they would have done had they never been promised you. There are also a number of points which the client regards as irrelevant to his case, which the advocate will be able to elicit, provided he go carefully through all the

dwelling places

Now though, for reasons already mentioned, it is most undesirable that he should hunt for and try every single one of those, while actually engaged in pleading his case, it is most necessary in the preliminary study of the case to leave no stone unturned to discover the character of the persons involved, the circumstances of time and place, the customs and documents concerned, and the rest, from which we may not merely deduce the proofs known as artificial, but may also discover which witnesses are most to be feared and the best method of refuting them. For it makes a great difference whether it be envy, hatred or contempt that forms the chief obstacle to the success of the defence, since of these obstacles the first tells most against superiors, the second against equals, and the third against those of low degree.

Having thus given a thorough examination to the case and clearly envisaged all those points which will tell for or against his client, the orator must then place himself in the position of a third person, namely, the judge, and imagine that the

As regards the points to be observed in the actual pleading, I have dealt with these in every portion of this work, but there still remain a few on which I must touch as being specially appropriate to the present place, since they are concerned not so much with the art of speaking as with the duties of the advocate. Above all it is important that he should never, like so many, be led by a desire to win applause to neglect the interest of the actual case.

It is not always the duty of generals in the field to lead their armies through flat and smiling country: it will often be necessary to cross rugged mountain ranges, to storm cities placed on inaccessible cliffs or rendered difficult of access by elaborate fortifications. Similarly oratory will always be glad of the opportunity of manœuvring in all its freedom and delighting the spectator by the deployment of its full strength for conflict in the open field;

but if it is forced to enter the tortuous defiles of the law, or dark places whence the truth has to be dragged forth, it will not go prancing in front of the enemy's lines nor launch its shafts of quivering and passionate epigram of the fashion that is now so popular, but will wage war by means of sap and mine and ambush and all the tactics of secrecy.

None of these methods win applause during their actual execution: the reward comes after they have been carried to a successful termination, when even the most ambitious

The old orators indeed used to conceal their eloquence, a method which is recommended by Marcus Antonius, as a means of securing that the speaker's words should carry conviction and of masking the advocate's real designs. But the truth is that the eloquence of those days was capable of concealment, for it had not yet attained that splendour of diction which makes it impossible to hide its light under a bushel. Therefore artifice and stratagem should be masked, since detection in such cases spells failure. Thus far, and thus only, may eloquence hope to enjoy the advantages of secrecy.

But when we come to consider the choice of words, the weight essential to general reflexions and the elegance demanded by figures, we are confronted by elements which must either strike the attention or be condemned to nonexistence. But the very fact that they strike the attention is a reason why they should not flaunt themselves obtrusively. And, if we have to make the choice, I should prefer that it should be the cause, and not the orator, to which we award our praise. Nevertheless, the true orator will achieve the distinction of seeming to speak with all the excellence that an excellent case deserves. One thing may be regarded as certain, that no one can

Further, the true orator will not turn up his nose at cases of minor importance on the ground of their being beneath his dignity or as being likely to detract from his reputation because the subject matter does not allow his genius full scope. For the strongest reason for undertaking a case is to be fund in our duty towards our clients: nay, we should even desire the suits in which our friends are involved to he as unimportant as possible, and remember that the advocate who gives an adequate presentment to his case, has spoken exceeding well.

But there are so he who, even although the cases which they have undertaken give but small scope for eloquence, none the less trick it out with matter drawn from without and, if all else fails, fill up the gaps in their case with abuse of their opponents, true if possible, but false if necessary, the sole consideration that weighs with them being that it affords exercise for their talents and is likely to win applause during its delivery. Such conduct seems to me so unworthy of our perfect orator that, in my opinion, he will not even bring true charges against his opponents unless the case demand.

For it is a dog's eloquence, as Appius says, to undertake the task of abusing one's opponent, [*](A cognitor is one who represents another. The litigant may abuse his opponent, but that does not justify his advocate in doing so. ) and they who do so should steel themselves in advance to the prospect of being targets for like abuse themselves, since those who adopt this style of pleading are frequently attacked themselves, and there can at any rate be no doubt that the litigant pays dearly for the violence