Institutio Oratoria

Quintilian

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

VIII. I am surprised that deliberative oratory also has been restricted by some authorities to questions of expediency. If it should be necessary to assign one single aim to deliberative I should prefer Cicero's [*](de Or. II. lxxxii. 334. ) view that this kind of oratory is primarily concerned with what is honourable. I do not doubt that those who maintain the opinion first mentioned adopt the lofty view that nothing can be expedient which is not good.

That opinion is perfectly sound so long as we are fortunate enough to have wise and good men for counsellors. But as we most often express our views before an ignorant audience, and more especially before popular assemblies, of which

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the majority is usually uneducated, we must distinguish between what is honourable and what is expedient and conform our utterances to suit ordinary understandings.

For there are many who do not admit that what they really believe to be the honourable course is sufficiently advantageous, and are misled by the prospect of advantage into approving courses of the dishonourable nature of which there can be no question: witness the Numantine treaty and the surrender of the Caudine Forks. [*]( Mancinus was surrounded on retreat from Numiantia in 137 B. C., while the surrender at the Caudine Forks took place in 321 B. C. In both cases the Senate refused to ratify the humiliating treaties which had been made the price of the release of the Roman armies. )

Nor does it suffice to restrict deliberative oratory to the basis of quality which is concerned with questions of honour and expediency. For there is often room for conjecture as well. Sometimes again definition is necessary or legal problems require handling; this is especially the case when advice has to be given on private matters, where there is some doubt of the legality of the course under consideration. Of conjecture' [*]( For conjecture see III. vi. 30 sqq. )

I shall speak more fully a little later on. Returning to definition for the moment, we find it in the question raised by Demosthenes,

whether Philip should give or restore Halonnesus,
[*]( Halonnesus had belonged to Athens, but had been seized by pirates. Philip ejected the pirates. The Athenians asked him to restore it; he replied that it belonged to him and that there could be no question of restoration, but if they asked for it as a gift he promised to give it them. ) and to that discussed by Cicero in the Philippics [*]( VIII. i. 2, where the question is discussed as to whether the war with Antony is bellum or tumultus, the latter being the technical name for any grave national emergency such as civil war or a Gallic invasion within the bounds of Italy. ) as to the nature of a tumultus. Again does not the question raised in connection with the statue of Servius Sulpicius [*](Phil. ix. 1. ) as to
whether statues should be erected only in honour of those ambassadors who perish by the sword
bear a strong resemblance to the questions that are raised in the law courts?

The deliberative department of oratory (also called the

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advisory department), while it deliberates about the future, also enquires about the past, while its functions are twofold and consist in advising and dissuading. Deliberative oratory does not always require an exordium, such as is necessary in forensic speeches, since he who asks an orator for his opinion is naturally well disposed to him. But the commencement, whatever be its nature, must have some resemblance to an exordium. For we must not begin abruptly or just at the point where the fancy takes us, since in every subject there is something which naturally comes first.

In addressing the senate or the people the same methods apply as in the law courts, and we must aim as a rule at acquiring the goodwill of our audience. This need cause no surprise, since even in panegyric we seek to win the favour of our hearers when our aim is praise pure and simple, and not the acquisition of any advantage. Aristotle, [*](Rhet. iii. 14 )

it is true, holds, not without reason, that in deliberative speeches we may often begin with a reference either to ourselves or to our opponent, borrowing this practice from forensic oratory, and sometimes producing the impression that the subject is of greater or less importance than it actually is. On the other hand he thinks that in demonstrative oratory the exordium may be treated with the utmost freedom,

since it is sometimes drawn from irrelevant material, as for example in Isocrates' Praise of Helen, [*]( The speech opens with a disquisition on the absurd and trivial nature of much that is contained in the speeches of sophists and rhetoricians. ) or from something akin to the subject, as for instance in the Panegyricus of the same author, when he complains that more honour is given to physical than to moral excellence, or as Gorgias in his speech delivered at the Olympic games praises the founders of the great national games. Sallust seems

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to have imitated these authors in his Jugurthine War and in the introduction to his Catiline, which has no connection with his narrative.

But it is time for me to return to deliberative oratory in which, even when we introduce an exordium, we must content ourselves with a brief prelude, which may amount to no more than a mere heading. As regards the statement of facts, this is never required in speeches on private subjects, at least as regards the subject on which an opinion has to be given, because everyone is acquainted with the question at issue.

Statements as to external matters which are relevant to the discussion may however frequently be introduced. In addressing public assemblies it will often be necessary to set forth the order of the points which have to be treated.

As regards appeals to the emotions, these are especially necessary in deliberative oratory. Anger has frequently to be excited or assuaged and the minds of the audience have to be swayed to fear, ambition, hatred, reconciliation. At times again it is necessary to awaken pity, whether it is required, for instance, to urge that relief should be sent to a besieged city, or we are engaged in deploring the overthrow of an allied state. But what really carries greatest weight in deliberative speeches is the authority of the speaker.

For he, who would have all men trust his judgment as to what is expedient and honourable, should both possess and be regarded as possessing genuine wisdom and excellence of character. In forensic speeches the orator may, according to the generally received opinion, indulge his passion to some extent. But all will agree that the advice given by a speaker should be in keeping with his moral character.

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The majority of Greek writers have held that this kind of oratory is entirely concerned with addressing public assemblies and have restricted it to politics.

Even Cicero [*](de Orat. ii. 82. ) himself deals chiefly with this department. Consequently those who propose to offer advice upon peace, war, troops, public works or revenue must thoroughly acquaint themselves with two things, the resources of the state and the character of its people, so that the method employed in tendering their advice may be based at once on political realities and the nature of their hearers.

This type of oratory seems to me to offer a more varied field for eloquence, since both those who ask for advice and the answers given to them may easily present the greatest diversity. Consequently there are three points which must be specially borne in mind in advice or dissuasion: first the nature of the subject under discussion, secondly the nature of those who are engaged in the discussion, and thirdly the nature of the speaker who offers them advice.

As to the subject under discussion its practicability is either certain or uncertain. In the latter case this will be the chief, if not the only point for consideration; for it will often happen that we shall assert first that something ought not to be done, even if it can be done, and secondly, that it cannot be done. Now when the question turns on such points as to whether the Isthmus can be cut through, the Pontine Marshes drained, or a harbour constructed at Ostia, or whether Alexander is likely to find land beyond the Ocean, [*]( the theme of a suasoria of the elder Seneca ( Suas. i.). Alexander deliberates whether to sail forth into the ocean. ) we make use of conjecture.

But even in connection with things that are undoubtedly feasible, there may at times be room for conjecture, as for instance in questions such as whether Rome is ever likely to

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conquer Carthage, whether Hannibal will return to Africa if Scipio transports his army thither, or whether the Samnites are likely to keep faith if the Romans lay down their arms. [*](sc. at the Caudine Forks: see above, § 3. ) There are some things too which we may believe to be both feasible and likely to be carried into effect, but at another time or place or in another way.

When there is no scope for conjecture, our attention will be fixed on other points. In the first place advice will be asked either on account of the actual thing on which the orator is required to express his views, or on account of other causes which affect it from without. It is on the actual thing that the senate for instance debates, when it discusses such questions as whether it is to vote pay for the troops. In this case the material is simple.

To this however may be added reasons for taking action or the reverse, as for example if the senate should discuss whether it should deliver the Fabii to the Gauls when the latter threaten war, [*](See Livy, v. 36.) or Gaius Caesar should deliberate whether he should persist in the invasion of Germany, when his soldiers on all sides are making their wills. [*]( See Caesar, Gallic War, i. 39, where this detail is recorded, also 40 where the speech made to his troops is given. ) These deliberative themes are of a twofold nature.

In the first case the reason for deliberation is the Gallic threat of war, but there may still be a further question as to whether even without such threat of war they should surrender those who, contrary to the law of nations, took part in a battle when they had been sent out as ambassadors and killed the king with whom they had received instructions to treat.