Institutio Oratoria

If our statement is to be clear and brief, almost anything can be justified sooner than digression. And if we do introduce a digression, it must always be short and of such a nature that we give the impression of having been forced from our proper course by some uncontrollable emotion. The passage in Cicero [*](pro Clu. vi. 15. ) about the marriage of Sasia is a good example of this.

What incredible wickedness in a woman! Unheard of in the history of mankind till she dared the sin! What unbridled and unrestrained lust, what amazing daring! One might have thought that, even if she had no regard for the vengeance of heaven and the opinion of man, she would at least have dreaded that night of all nights and those torches that lighted her to the bridal bed: that she would have shrunk in horror from the threshold of her chamber, from her daughter's room and the very walls that had witnessed her former marriage.

As to addressing another in place of the judge, it may be a means of making a point with greater brevity and give it greater force. On this subject I hold the same view that I expressed in dealing with the exordium, as I do on the subject of impersonation. This artifice however is employed not only by Servius Sulpicius in his speech on behalf of Aufidia, when he cries

Am I to suppose that you were drowsed with sleep or weighed down by some

v4-6 p.109

heavy lethargy?

You will give so much to enter, etc.

Again in the pro Clueniio [*](pro Clu. xxvi. ) does not the conversation between Staienus and Bulbus conduce to speed and enhance the credibility of the statements ? In case it should be thought that Cicero did this without design (quite an incredible supposition in his case), I would point out that in the Partitiones [*](ix. 31.) he lays it down that the statement of facts should be characterised by passages which will charm and excite admiration or expectation, and marked by unexpected turns, conversations between persons and appeals to every kind of emotion.

We shall, as I have already said, never argue points in the statement of facts, but we may sometimes introduce arguments, as for example Cicero does in the pro Ligario, [*]( ii. 4. Ligarius was accused of having fought for the Pompeians in Africa. Cicero points out that he went out to Africa before the outbreak of war was dreamed of and that his whole attitude was discreet. ) when he says that he ruled his province in such a way that it was to his interest that peace should continue. We shall sometimes also, if occasion demand, insert a brief defence of the facts in the statement and trace the reasons that led up to them.

For we must state our facts like advocates, not witnesses. A statement in its simplest form will run as follows,

Quintus Ligarius went out as legate to C. Considius.

Quintus Ligarius,

set out for Africa as legate to Gaius Considius at a time when there was no thought of war.

he says,

Not only not to war, but to a country where there was no thought of war.

Quintus Ligarius would not suffer himself to be entangled in any transaction,

for he had his eyes fixed on home and wished to return to his own people.

I am therefore all the more surprised at those who hold that there should be no appeal to the emotions in the statement of facts. If they were to say

Such appeals should be brief and not on the scale on which they are employed in tile peroration,

Why should I not, if it is possible, obtain that effect at the very opening of the case which I am anxious to secure at its conclusion, more especially in view of the fact that I shall find the judge far more amenable to the cogency of my proof, if I have previously filled his mind with anger or pity?

Does not Cicero, [*](Verr. v 62. A Roman citizen might not be scourged. cp. St. Paul. ) in his description of the scourging of a Roman citizen, in a few brief words stir all the emotions, not merely by describing the victim's position, the place where the outrage was committed and the nature of the punishment, but also by praising the courage with which he bore it? For he shows us a man of the highest character who, when beaten with rods, uttered not a moan nor an entreaty, but only cried that lie was a Roman citizen, thereby bringing shame on his oppressor and showing his confidence in the law.

Again does he not throughout the whole of his statement excite the warmest indignation at the misfortunes of Philodamus [*](ib. i. 30 ) and move

What can any peroration present that is more calculated to stir our pity? If you wait for the peroration to stir your hearer's emotions over circumstances which you have recorded unmoved in your statement of facts, your appeal will come too late. The judge is already familiar with them and hears their mention without turning a hair, since he was unstirred when they were first recounted to him. Once the habit of mind is formed, it is hard to change it.

For my own part (for I will not conceal my opinion, though it rests rather on actual examples than on rules), I hold that the statement of fact more than any portion of the speech should be adorned with the utmost grace and charm. But much will depend on the nature of the subject which we have to set forth.

In slighter cases, such as are the majority of private suits, the decoration must be restrained and fit close to the subject, while the utmost care must be exercised in choice of words. The words which in our purple passages are swept along by the force of our eloquence and lost in the profusion of our language, must in cases such as these be clear and, as Zeno says,

steeped with meaning.

while the figures must neither be derived from poetry nor such as are contrary to current usage, though warranted by the authority of antiquity (for it is important that our language should be entirely normal), but should be designed to relieve tedium by their variety and should be frequently

Moreover there is no portion of a speech at which the judge is more attentive, and consequently nothing that is well said is lost. And the judge is, for some reason or other, all the more ready to accept what charms his ear and is lured by pleasure to belief.

When on the other hand the subject is on a larger scale, we have a chance to excite horror by our narration of abominable wrongs or pity by a tale of woe: but we must do so in such a way as not to exhaust our stock of emotions on the spot, but merely to indicate our harrowing story in outline so that it may at once be clear what the completed picture is like to be.

Again I am far from disapproving of the introduction of some striking sentence designed to stimulate the judge's jaded palate. The best way of so doing is the interposition of a short sentence like the following:

Milo's slaves did what everyone would have wished his own slaves to do under similar circumstances

The mother-in-law wedded her son-in-law: there were no witnesses, none to sanction the union, and the omens were dark and sinister.

If this was done in days when every speech was designed for practical purposes rather than display and the courts were far stricter than to-day, how much more should we do it now, when the passion for producing a

A powerful effect may be created if to the actual facts of the case we add a plausible picture of what occurred, such as will make our audience feel as if they were actual eyewitnesses of the scene. Such is the description introduced by Marcus Caelius in his speech against Antonius.

For they found him lying prone in a drunken slumber, snoring with all the force of his lungs, and belching continually, while the most distinguished of his female companions sprawled over every couch, and the rest of the seraglio lay round in all directions. They however perceived the approach of the enemy and, half-dead with terror, attempted to arouse Antonius, called him by name, heaved up his head, but all in vain, while one whispered endearing words into his ear, and another slapped him with some violence. At last he recognised the voice and touch of each and tried to embrace her who happened to be nearest. Once wakened he could not sleep, but was too drunk to keep awake, and so was bandied to and fro between sleeping and waking in the hands of his centurions and his paramours.