SCRIPTURA

Quintilian · The Orator’s Education · 49 of 53

Book XI · chapter 3 · 3.120–3.184

Translated by Harold Edgeworth Butler

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3.120. To these latter we may add those speakers who hurl quivering epigrams with their fingers or denounce with the hand upraised, or rise on tiptoe, whenever they say something of which they are specially proud. This last proceeding may at times be adopted by itself; but they convert it into a blemish by simultaneously raising one or even two fingers as high as they can reach, or heaving up both hands as if they were carrying something.

3.120. licet eos, qui sententias vibrantes digitis iaculantur aut manu sublata denuntiant aut, quod per se interim recipiendum est, quotiens aliquid ipsis placuit, in ungues eriguntur; sed vitiosum id faciunt, aut digito, quantum plurimum possunt, erecto aut etiam duobus, aut utraque manu ad modum aliquid portantium composita.

3.121. In addition to these faults, there are those which spring not from nature, but from nervousness, such as struggling desperately with our lips when they refuse to open, making inarticulate sounds, as though something were sticking in our throat, when our memory fails us, or our thoughts will not come at our call; rubbing the end of our nose, walking up and down in the midst of an unfinished sentence, stopping suddenly and courting applause by silence, with many other tricks which it would take too long to detail, since everybody has his own particular faults.

3.121. accedunt vitia non naturae sed trepidationis, cum ore concurrente rixari, si memoria fefellerit aut cogitatio non suffragetur, quasi faucibus aliquid obstiterit, insonare, in adversum tergere nares, obambulare sermone inperfecto, resistere subito et laudem silentio poscere; quae omnia persequi prope infinitum est; sua enim cuique sunt vitia.

3.122. We must take care not to protrude the chest or stomach, since such an altitude arches the back, and all bending backwards is unsightly. The flanks must conform to the gesture; for the motion of the entire body contributes to the effect: indeed, Cicero holds that the body is more expressive than even the hands. For in the de Orator he says, “There must be no quick movements of the fingers, no marking time with the finger-tips, but the orator should control himself by the poise of the whole trunk and by a manly inclination of the side.”

3.122. ac venter ne proiciantur, observandum; pandant enim posteriora, et est odiosa omnis supinitas. cum gestu consentiant. enim aliquid et totius corporis motus, adeo ut Cicero plus illo agi quam manibus ipsis putet. enim dicit in Oratore: argutiae digitorum, non ad numerum articulus cadens, trunco magis toto se ipse moderans et virili laterum flexione.

3.123. Slapping the thigh, which Clean is said to have been the first to introduce at Athens, is in general use and is becoming as a mark of indignation, while it also excites the audience. Cicero regrets its absence in Calidius, “There was no striking of the forehead,” he complains, “nor of the thigh.” With regard to the forehead I must beg leave to differ from him: for it is a purely theatrical trick even to clap the hands or beat the breast.

3.123. ferire, quod Athenis primus fecisse creditur Cleon, et usitatum est et indignantes decet et excitat auditorem. in Calidio Cicero desiderat;, frons, inquit, percussa, non femur., si licet, de fronte dissentio. etiam complodere manus scenicum est pectus caedere.

3.124. it is only on rare occasions, too, that it is becoming to touch the breast with the finger-tips of the hollowed hand, when, for example, we address ourselves or speak words of exhortation, reproach or commiseration. But if ever we do employ this gesture, it will not be unbecoming to pull back the toga at the same time. As regards the feet, we need to be careful about our gait and the attitudes in which we stand. To stand with the right foot advanced or to thrust forward the same foot and hand are alike unsightly.

3.124. quoque raro decebit cava manu summis digitis pectus appetere, si quando nosmet ipsos alloquimur, cohortantes, obiurgantes, miserantes; quod si quando fiet, togam quoque inde removeri non dedecebit. pedibus observantur status et incessus. dextro stare et eandem manum ac pedem proferre, deforme est.

3.125. At times we may rest our weight on the right foot, but without any corresponding inclination of the chest, while, in any case, the gesture is better suited to the comic actor than to the orator. It is also a mistake, when resting on the left foot, to lift the right or poise it on tiptoe. To straddle the feet is ugly if we are standing still, and almost indecent if we are actually moving. To start forward may be effective, provided that we move but a short distance and do so but rarely and without violence.

3.125. dextrum incumbere interim datur sed aequo pectore, qui tamen comicus magis quam oratorius gestus est. etiam in sinistrum pedem insistentium dexter aut tollitur aut summis digitis suspenditur. supra modum et in stando deforme est et, accedente motu, prope obscenum. opportuna brevis, moderata, rara.

3.126. It will also at times be found convenient to walk to and fro, owing to the extravagant pauses imposed by the plaudits of the audience; Cicero, however, says that this should be done only on rare occasions, and that we should take not more than a few steps. On the other hand, to run up and down, which, in the ease of Manlius Sure, Domitius Afer called overdoing it, is sheer folly, and there was no little wit in the question put by Virginias Flatus to a rival professor, when he asked how many miles he had declaimed.

3.126. etiam ambulatio quaedam propter immodicas laudationum moras, quanquam Cicero rarum incessum neque ita longum probat. vero et, quod Domitius Afer de Sura Manlio dixit, satagere, ineptissimum, urbaneque Flavus Verginius interrogavit de quodam suo antisophiste, quot milia passuum declamasset.

3.127. I know, too, that some authorities warn us not to walk with our backs turned to the judges, but to move diagonally and keep our eyes fixed on the panel. This cannot be done in private trials, but in such cases the space available is small and the time during which our backs are turned is of the briefest. On the other hand, we are permitted at times to walk backwards gradually. Some even jump backwards, which is merely ludicrous.

3.127. et illud scio, ne ambulantes avertamur a iudicibus, sed sint obliqui pedes ad consilium nobis respicientibus. fieri iudiciis privatis non potest. et breviora sunt spatia, nec aversi diu sumus. tamen recedere sensim datur. et resiliunt, quod est plane ridiculum.

3.128. Stamping the foot is, as Cicero says, effective when done on suitable occasions, that is to say, at the commence meant or close of a lively argument, but if it be frequently indulged in, it brands the speaker as a fool and ceases to attract the attention of the judge. There is also the unsightly habit of swaying to right and left, and shifting the weight from one foot to the other. Above all, we must avoid effeminate movements, such as Cicero ascribes to Titus, a circumstance which led to a certain kind of dance being nicknamed Titus.

3.128. supplosio ut loco est opportuna, ut ait Cicero, in contentionibus aut incipiendis aut finiendis, ita crebra et inepti est hominis et desinit; iudicem in se convertere. et illa indecora in dextrum ac laevum latus vacillatio alternis pedibus insistentium. fugienda mollis actio, qualem in Titio Cicero dicit fuisse, unde etiam saltationis quoddam genus Titius sit appellatum.

3.129. Another reprehensible practice is that of nodding frequently and rapidly to either side, a mannerism for which the elder Curio was derided by Julius, who asked who it was who was speaking in a boat, while on another occasion, when Curio had been tossing himself about in his usual manner, while Octaves, his colleague, was sitting beside him bandaged and reeking with medicaments on account of ill-health, Spiciness remarked, “Octaves, you can never be sufficiently grateful to your colleague: for if he wasn't there, the flies would have devoured you this very day where you sit.” The shoulders also are apt to be jerked to and fro, a fault of which Demosthenes is said to have cured himself by speaking on a narrow platform with a spear hanging immediately above his shoulder, in order that, if in the heat of his eloquence he failed to avoid this fault, he might have his attention called to the fact by a prick from the spear. The only condition that justifies our walking about while speaking is if we are pleading in a public trial before a large number of judges and desire specially to impress our arguments upon them individually.

3.129. et illa frequens et concitata in utramque partem nutatio, quam in Curione patre irrisit et Iulius, quaerens, quis in lintre loqueretur, et Sicinius; nam cum, adsidente collega, qui erat propter valetudinem et deligatus et plurimis medicamentis delibutus, multum se Curio ex more iactasset,, inquit, Octavi, collegae tuo gratiam referes, qui nisi fuisset, hodie te istic muscae comedissent. iactantur et humeri; quod uitium Demosthenes ita dicitur emendasse ut, cum in angusto quodam pulpito stans diceret, hasta humero dependens immineret, ut, si calore dicendi vitare id excidisset, offensatione illa commoneretur. loqui ita demum oportet, si in causis publicis, in quibus multi sunt indices, quod dicimus quasi singulis inculcare peculiariter velimus.

3.131. The practice adopted by some of throwing the toga back over the shoulder, while they draw up the fold to their waist with the right hand, and use the left for gesticulation as they walk up and down and discourse, is not to be tolerated; for even to draw back the left hand while extending the right is an objectionable habit. This reminds me of an extremely foolish trick, which I think I ought to mention, that some speakers have of employing the intervals when the audience are applauding by whispering in someone's ear or jesting with their friends or looking back at their clerks, as if telling them to make a note of some gratuity to be dispensed to their supporters.

3.131. non ferendum, quod quidam, reiecta in humerum toga, cum dextra sinum usque ad lumbos reduxerunt, sinistra gestum facientes spatiantur et fabulantur, cum etiam laevam restringere prolata longius dextra sit odiosum. moneor, (ut ne id quidem transeam) ineptissime fieri, cum inter moras laudationum aut in aurem alicuius loquuntur aut cum sodalibus iocantur aut nonnunquam ad librarios suos ita respiciunt, ut sportulam dictare videantur.

3.132. On the other hand, when we are making some explanation to the judge, more especially if the point be somewhat obscure, a slight inclination in his direction will be not unbecoming. But to lean forward towards the advocate seated on the benches of our opponent is offensive, while, unless we are genuinely fatigued, it is a piece of affectation to lean back among our own friends and to be supported in their arms; the same remark also applies to the practice of being prompted aloud or reading from manuscript as though uncertain of our memory.

3.132. ad iudicem, cum doceas, utique si id de quo loquaris sit obscurius, decet. advocato adversis subselliis sedenti contumeliosum. etiam ad suos et manibus sustineri, nisi plane iusta fatigatio est, delicatum, sicut palam moneri excidentis aut legere.

3.133. For all these mannerisms impair the force of our speaking, chill the effect of emotional appeals and make the judge think that he is not being treated with sufficient respect. To cross over to the seats of our opponents borders on impudence, and Cassius Severus showed a neat turn of wit when he demanded that a barrier might be erected between himself and an opponent who behaved in this fashion. Moreover, though to advance towards our opponent may at times produce an impression of passionate energy, the return to our former position will always prove correspondingly tame.

3.133. in his omnibus et vis illa dicendi solvitur et frigescit adfectus et iudex parum sibi praestari reverentiae credit. in diversa subsellia parum verecundum est. et Cassius Severus urbane adversus hoc facientem lineas poposcit. si aliquando concitate itur, nunquam non frigide reditur.

3.134. Many of the rules which I have given will require modification by those who have to plead before judges seated on a dais. For in such cases the face must be raised somewhat higher, so that the speaker's eyes may be fixed on the president of the court: for the same reason his gestures must also be carried a little higher, while there are other details which will readily occur to my reader without any mention from me. Similar modifications will be likewise necessary for those who plead sitting. For this is done, as a rule, only in cases of minor importance, where delivery will necessarily be more restrained, and certain defects are inevitable.

3.134. ex iis, quae praecepimus, mutari necesse est ab iis, qui dicunt apud tribunalia. et vultus erectior, ut eum, apud quem dicitur, spectet; et gestus ut ad eundem tendens elatior sit, necesse est; et alia, quae occurrere etiam me tacente omnibus possunt. ab iis, qui sedentes agent. et fere fit hoc in rebus minoribus, et iidem impetus actionis esse non possunt, et quaedam vitia fiunt necessaria.

3.135. For example, when the speaker sits on the left side of the judge, he will have to advance his right foot, while if he be seated on the right, many of his gestures must be made from right to left, in order that they may be addressed to the judge. Personally, I note that many speakers start up at the conclusion of individual periods, while some proceed to walk to and fro for a little: it is for them to decide whether this is becoming or not: I will merely remark that, when they do this, they are not pleading seated.

3.135. et dexter pes a laeva iudicis sedenti proferendus est, et ex altera parte multi gestus necesse est in sinistrum eant, ut ad iudicem spectent. plerosque et ad singulas clausulas sententiarum video adsurgentes et nonnullos subinde aliquid etiam spatiantes, quod an deceat, ipsi viderint; cum id faciunt, non sedentes agunt.

3.136. It was a common custom, which has not entirely disappeared, to drink or even to eat while pleading; but I shall not permit my ideal orator to do anything of the kind. For if a man cannot endure the burdens imposed by oratory without having recourse to such remedies, he should not find it a serious hardship to give up pleading altogether, a course which is far preferable to acknowledging his contempt both for his profession and his audience.

3.136. aut etiam esse inter agendum, quod multis moris fuit et est quibusdam, ab oratore meo procul absit. si quis aliter dicendi onera perferre non possit, non ita miserum est non agere potiusque multo quam et operis et hominum contemptum fateri.

3.137. With regard to dress, there is no special garb peculiar to the orator, but his dress comes more under the public eye than that of other men. It should, therefore, be distinguished and manly, as, indeed, it ought to be with all men of position. For excessive care with regard to the cut of the toga, the style of the shoes, or the arrangement of the hair, is just as reprehensible as excessive carelessness. There are also details of dress which are altered to some extent by successive changes in fashion. The ancients, for example, wore no folds, and their successors wore them very short.

3.137. non est proprius oratoris aliquis sed magis in oratore conspicitur. sit, ut in omnibus honestis debet esse, splendidus et virilis. et toga et calceus et capillus tam nimia cura quam negligentia sunt reprehendenda. aliquid in amictu, quod ipsum aliquatenus temporum condicione mutatum est. veteribus nulli sinus, perquam breves post illos fuerunt.

3.138. Consequently it follows that in view of the fact that their arms were, like those of the Greeks, covered by the garment, they must have employed a different form of gesture in the exordium from that which is now in use. However, I am speaking of our own day. The speaker who has not the right to wear the broad stripe, will wear his girdle in such a way that the front edges of the tunic fall a little below his knees, while the edges in rear reach to the middle of his hams. For only women draw them lower and only centurions higher.

3.138. etiam gestu necesse est usos esse in principiis eos alio, quorum brachium, sicut Graecorum, veste continebatur. nos de praesentibus loquimur. lati clavi ius non erit, ita cingatur, ut tunicae prioribus oris infra genua paulum, posterioribus ad medios poplites usque perveniant. infra mulierum est, supra centurionum.

3.139. If we wear the purple stripe, it requires but little care to see that it fills becomingly; negligence in this respect sometimes excites criticism. Among those who wear the broad stripe, it is the fashion to let it hang somewhat lower than in garments that are retained by the girdle. The toga itself should, in my opinion, be round, and cut to fit, otherwise there are a number of ways in which it may be unshapely. Its front edge should by preference reach to the middle of the shin, while tie back should be higher in proposition as the girdle is higher behind than in front.

3.139. purpura recte descendat, levis cura est; notatur interim negligentia. habentium clavum modus est, ut sit paulum cinctis summissior. togam rotundam esse et apte caesam velim, aliter enim multis modis fiet enormis. eius prior mediis cruribus optime terminatur, posterior eadem portione altius qua cinctura.

3.140. The fold is most becoming, if it fall to a point a little above the lower edge of the tunic, and should certainly never fall below it. The other fold which passes obliquely like a belt under the right shoulder and over the left, should neither be too tight nor too loose. The portion of the toga which is last to be arranged should fall rather low, since it will sit better thus and be kept in its place. A portion of the tunic also should be drawn back in order that it may not fall over the arm when we are pleading, and the fold should be thrown over the shoulder, while it will not be unbecoming if the edge be turned back.

3.140. decentissimus, si aliquanto supra imam tunicam fuerit; nunquam certe sit inferior., qui sub humero dextro ad sinistrum oblique ducitur velut balteus, nec strangulet nec fluat. togae, quae postea imponitur, sit inferior; nam ita et sedet melius et continetur. etiam pars aliqua tunicae, ne ad lacertum in actu redeat; tum sinus iniciendus humero, cuius extremam oram reiecisse non dedecet.

3.141. On the other hand, we should not cover the shoulder and the whole of the throat, otherwise our dress will be unduly narrowed and will lose the impressive effect produced by breadth at the chest. Tire left arm should only be raised so far as to form a right angle at the elbow, while the edge of the toga should fall in equal lengths on either side.

3.141. autem humerum cum toto iugulo non oportet, alioqui amictus fiet angustus et dignitatem, quae est in latitudine pectoris, perdet. brachium eo usque adlevandum est, ut quasi normalem illum angulum faciat, super quod ora ex toga duplex aequaliter sedeat.

3.142. The hand should not be overloaded with rings, which should under no circumstances encroach upon the middle joint of the finger. The most becoming attitude for the hand is produced by raising the thumb and slightly curving the fingers, unless it is occupied with holding manuscript. But we should not go out of our way to carry the latter, for it suggests an acknowledgement that we do not trust our memory, and is a hindrance to a number of gestures.

3.142. non impleatur anulis, praecipue medios articulos non transeuntibus; cuius erit habitus optimus adlevato pollice et digitis leviter inflexis, nisi si libellum tenebit. non utique captandum est; videtur enim fateri memoriae diffidentiam et ad multos gestus est impedimento.

3.143. The ancients used to let the toga fall to the heels, as the Greeks are in the habit of doing with the cloak: Plotius and Nigidius both recommend this in the books which they wrote about gesture as practised in their own day. I am consequently all the more surprised at the view expressed by so learned a man as Plinius Secundus, especially since it occurs in a book which carries minute research almost to excess: for he asserts that Cicero was in the habit of wearing his toga in such a fashion to conceal his varicose veins, despite the fact that this fashion is to be seen in the statues of persons who lived after Cicero's day.

3.143. veteres ad calceos usque demittebant ut Graeci pallium; idque ut fiat, qui de gestu scripserunt circa tempora illa, Plotius Nigidiusque praecipiunt. magis miror Plinii Secundi docti hominis et in hoc utique libro paene etiam nimium curiosi persuasionem, qui solitum id facere Ciceronem velandorum varicum gratia tradit; cum hoc amictus genus in statuis eorum quoque, qui post Ciceronem fuerunt, appareat.

3.144. As regards the short cloak, bandages used to protect the legs, mufflers and coverings for the ears, nothing short of ill-health can excuse their use. But such attention to our dress is only possible at the beginning of a speech, since, as the pleading develops, in fact, almost from the beginning of the statement of facts, the fold will slip down from the shoulder quite naturally and as it were of its own accord, while when we come to arguments and commonplaces, it will be found convenient to throw back the toga from the left shoulder, and even to throw down the fold if it should stick.

3.144. sicut fascias, quibus crura vestiuntur, et focalia et aurium ligamenta sola excusare potest valetudo. haec amictus observatio, dum incipimus; procedente vero actu, iam paene ab initio narrationis, sinus ab humero recte velut sponte delabitur, et, cum ad argumenta ac locos ventum est, reicere a sinistro togam, deicere etiam, si haereat, sinum conveniet.

3.145. The left hand may be employed to pluck the toga from the throat and the upper portion of the chest, for by now the whole body will be hot. And just as at this point the voice becomes more vehement and more varied in its utterance, so the clothing begins to assume something of a combative pose.

3.145. a faucibus ac summo pectore abducere licet: ardent enim iam omnia. ut vox vehementior ac magis varia est, sic amictus quoque habet actum quendam velut proeliantem.

3.146. Consequently, although to wrap the toga round the left hand or to pull it about us as a girdle would be almost a symptom of madness, while to throw back the fold from its bottom over the right shoulder would be a foppish and effeminate gesture, and there are yet worse effects than these, there is, at any rate, no reason why we should not place the looser portions of the fold under the left arm, since it gives an air of vigour and freedom not ill-suited to the warmth and energy of our action.

3.146. ut laevam involvere toga et incingi paene furiosum est, sinum vero in dextrum humerum ab imo reicere solutum ac delicatum, fiuntque adhuc peius aliqua, ita cur laxiorem sinum sinistro brachio non subiciamus? enim acre quiddam atque expeditum et calori concitationique non inhabile.

3.147. When, however, our speech draws near its close, more especially if fortune shows herself kind, practically everything is becoming; we may stream with sweat, show signs of fatigue, and let our dress fall in careless disorder and the toga slip loose from us on every side.

3.147. vero magna pars est exhausta orationis, utique adflante fortuna, paene omnia decent, sudor ipse et fatigatio et negligentior amictus et soluta ac velut labens undique toga.

3.148. This fact makes me all the more surprised that Pliny should think it worth while to enjoin the orator to dry his brow with a handkerchief in such a way as not to disorder the hair, although a little later he most properly, and with a certain gravity and sternness of language, forbids us to rearrange it. For my own part, I feel that dishevelled locks make an additional appeal to the emotions, and that neglect of such precautions creates a pleasing impression.

3.148. magis miror hanc quoque succurrisse Plinio curam, ut ita sudario frontem siccari iuberet, ne comae turbarentur, quas componi post paulum, sicuti dignum erat, graviter et severe vetuit. vero illae quoque turbatae prae se ferre aliquid adfectus et ipsa oblivione curae huius commendari videntur.

3.149. On the other hand, if the toga falls down at the beginning of our speech, or when we have only proceeded but a little way, the failure to replace it is a sign of indifference, or sloth, or sheer ignorance of the way in which clothes should be worn. The above are the chief adornments and faults of delivery. But there are a number of further considerations which the orator must bear in mind.

3.149. si incipientibus aut paulum progressis decidat toga, non reponere eam prorsus negligentis aut pigri aut quomodo debeat amiciri nescientis est. sunt vel illustramenta pronuntiationis vel vitia, quibus propositis multa cogitare debet orator.

3.150. In the first place there is the question as to the character of speaker, judges and audience. For just as the methods of speaking may justifiably be varied to suit the characteristics of different orators and different judges, so it is with delivery. The same characteristics of voice, gesture and gait are not equally becoming in the presence of the emperor, the senate, the people, and magistrates, or in private and public trials, or in making a request to the praetor for the appointment of a judge to hear our case, and in actual pleading. Anyone who will reflect upon the matter will realise the nature of the differences involved, as he will also be able to realise the nature of the subject on which he is speaking and the effect which he desires to produce.

3.150. , quos, apud quos, quibus praesentibus sit acturus. ut dicere alia aliis et apud alios magis concessum est, sic etiam facere. eadem in voce, gestu, incessu, apud principem, senatum populum, magistratus, privato, publico iudicio, postulatione, actione similiter decent. differentiam subiicere sibi quisque, qui animum intenderit, potest; tum qua de re dicat, et efficere quid velit.

3.151. The considerations with regard to the subject are four in number, of which the first has reference to the case as a whole. For the case may be of a gloomy or a cheerful nature, an anxious business, or one that calls for no alarm, and may involve issues of great or trivial importance. We ought, therefore, never to be so preoccupied over particular portions of a case as to forget to consider the case as a whole.

3.151. quadruplex observatio est. in tota causa. enim tristes, hilares, sollicitae, securae, grandes, pusillae, ut vix unquam ita sollicitari partibus earum debeamus, ut non summae meminerimus.

3.152. The second point is concerned with the different aspects of the various portions of the speech, that is, the exordium, statement of facts, arguments and peroration. The third concerns the thoughts, which will vary according to the subject matter and the emotions which we require to awaken. The fourth has reference to the words, which must be given appropriate expression, unless their force is to be entirely wasted, although it is an error to attempt to make our delivery reproduce the sense of every single word.

3.152. , quae est in differentia partium, ut in prooemio, narratione, argumentatione, epilogo. in sententiis ipsis, in quibus secundum res et adfectus variantur omnia. in verbis, quorum ut est vitiosa, si efficere omnia velimus, imitatio, ita quibusdam nisi sua natura redditur, vis omnis aufertur.

3.153. Consequently, in panegyric, funeral orations excepted, in returning thanks, exhortations and the like, the delivery must be luxuriant, magnificent, and grand. On the other hand, in funeral or consolatory speeches, together with most of those in defence of accused persons, the delivery will be melancholy and subdued. When we speak in the senate, it will be authoritative, when we address the people, dignified, and when we are pleading in private cases, restrained. As regards the respective portions of speeches, thoughts and words, I must speak at somewhat greater length, as the problems involved are manifold.

3.153. in laudationibus, nisi si funebres erunt, gratiarum actione, exhortatione, similibus laeta et magnifica et sublimis est actio. contiones, consolationes, plerumque causae reorum tristes atque summissae. senatu conservanda auctoritas, apud populum dignitas, in privatis modus. De partibus causae et sententiis verbisque, quae sunt multiplicia, pluribus dicendum.

3.154. There are three qualities which delivery should possess. It should be conciliatory, persuasive and moving, and the possession of these three qualities involves charm as a further requisite. A conciliatory effect may be secured either by charm of style or by producing an impression of excellence of character, which is in some mysterious way clearly revealed both by voice and gesture. A persuasive effect, on the other hand, is produced by the power of assertion, which is sometimes more convincing even than actual proof.

3.154. autem praestare debet pronuntiatio: conciliet, persuadeat, moveat, quibus natura cohaeret, ut etiam delectet. fere aut commendatione morum, qui nescio quomodo ex voce etiam atque actione perlucent, aut orationis suavitate constat; persuadendi vis adfirmatione, quae interim plus ipsis probationibus valet.

3.155. “Would those statements,” says Cicero to Calidius, “have been delivered by you in such a manner if they had been true?” And again, “You were far from kindling our emotions. Indeed, at that point of your speech we could scarcely keep ourselves awake.” We must therefore reveal both confidence and firmness, above all, if we have the requisite authority to back them.

3.155. ista, inquit Calidio Cicero, si vera essent, sic a te dicerentur? et, abfuit, ut inflammares nostros animos; somnum isto loco vix tenebamus Fiducia igitur appareat et constantia, utique si auctoritas subest.

3.156. The method of arousing the emotions depends on our power to represent or imitate the passions. Therefore when the judge in private, or the usher in public cases, calls upon us to speak, we must rise with deliberation. We shall then, to make our garb the more becoming, and to secure a moment for reflexion, devote a brief space to the arrangement of our toga or even, if necessary, to throwing it on afresh; but it must be borne in mind that this injunction applies only to cases in the courts; for we must not do this if we are speaking before the emperor or a magistrate, or in cases where the judge sits in a position of superior authority.

3.156. autem ratio aut in repraesentandis est aut imitandis adfectibus. cum iudex in privatis aut praeco in publicis dicere de causa iusserit, leniter consurgendum; tum in componenda toga vel, si necesse erit, etiam ex integro inicienda, dumtaxat in iudiciis (apud principem enim et magistratus ac tribunalia non licebit), paulum est commorandum, ut et amictus sit decentior et protinus aliquid spatii ad cogitandum.

3.157. Even when we turn to the judge, and have requested and received the praetor's permission to address the court, we must not break forth at once into speech, but should allow ourselves a few moments for reflexion. For the display of such care on the part of one who is about to speak attracts the audience and gives the judge time to settle down.

3.157. cum ad iudicem nos converterimus, et consultus praetor permiserit dicere, non protinus est erumpendum, sed danda brevis cogitationi mora. enim auditurum dicturi cura delectat, et iudex se ipse componit.

3.158. Homer inculcates this practice by placing before us the example of Ulysses, whom he describes as having stood for a while with eyes fixed on the ground and staff held motionless, before he poured forth his whirlwind of eloquence. In this preliminary delay there are certain pauses, as the actors call them, which are not unbecoming. We may stroke our head, look at our hand, wring the fingers, pretend to summon all our energies for the effort, confess to nervousness by a deep sigh, or may adopt any other method suited to our individual character, while these proceedings may be extended over some time, if we find that the judge is not yet giving us his attention.

3.158. praecipit Homerus Ulixis exemplo, quem stetisse oculis in terram defixis immotoque sceptro, priusquam illam eloquentiae procellam effunderet, dicit. hac cunctatione sunt quaedam non indecentes, ut appellant scenici, morae, caput mulcere, manum intueri, infringere articulos, simulare conatum, suspiratione sollicitudinem fateri, aut quod quemque magis decet, eaque diutius, si iudex nondum intendet animum.

3.159. Our attitude should be upright, our feet level and a slight distance apart, or the left may be very slightly advanced. The knees should be upright, but not stiff; the shoulders relaxed, the face stern, but not sad, expressionless or languid: the arms should be held slightly away from the side, the left hand being in the position described above, while the right, at the moment when our speech begins, should be slightly extended beyond the fold of the toga with the most modest of gestures, as though waiting for the commencement.

3.159. sit rectus, aequi et diducti paulum pedes vel procedens minimo momento sinister; genua recta, sic tamen, ut non extendantur; humeri remissi, vultus severus, non maestus nec stupens nec languidus; brachia a latere modice remota; manus sinistra, qualem supra demonstraui; dextra, cum iam incipiendum erit, paulum prolata ultra sinum gestu quam modestissimo, velut spectans quando incipiendum sit.

3.160. For it is a mistake to look at the ceiling, to rub the face and give it a flush of impudence, to crane it boldly forward, to frown in order to secure a fierce expression, or brush back the hair from the forehead against its natural direction in order to produce a terrifying effect by making it stand on end. Again, there are other unseemly tricks, such as that so dear to the Greeks of twitching our fingers and lips as though studying what to say, clearing the throat with a loud noise, thrusting out one foot to a considerable distance, grasping a portion of the toga in the left hand, standing with feet wide apart, holding ourselves stiffly, leaning backwards, stooping, or bunching our shoulders toward the back of the head, as wrestlers do when about to engage.

3.160. enim sunt illa, intueri lacunaria, perfricare faciem et quasi improbam facere, tendere confidentia vultum aut, quo sit magis torvus, superciliis adstringere, capillos a fronte contra naturam retroagere, ut sit horror ille terribilis; tum, id quod Graeci frequentissime faciunt, crebro digitorum labiorumque motu commentari, dare excreare, pedem alterum longe proferre, partem togae sinistra tenere, stare diductum vel rigidum vel supinum vel incurvum vel humeris, ut luctaturi solent, ad occipitium ductis.

3.161. A gentle delivery is most often best suited to the exordium. For there is nothing better calculated than modesty to win the good-will of the judge, although there are exceptions to the rule, since, as I have already pointed out, all exordia are not delivered in the same manner. But, generally speaking, a quiet voice, a modest gesture, a toga sitting well upon the shoulder, and a gentle motion of the sides to right and left, accompanied by a corresponding movement of the eyes, will all be found to produce a becoming effect.

3.161. frequentissime lenis convenit pronuntiatio. enim est ad conciliandum gratius verecundia, non tamen semper; neque enim uno modo dicuntur exordia, ut docui. tamen et vox temperata et gestus modestus et sedens humero toga et laterum lenis in utramque partem motus, eodem spectantibus oculis, decebit.

3.162. In the statement of facts the hand should on most occasions be further extended, the toga allowed to slip back, the gestures sharply distinguished and the voice colloquial, but slightly more emphatic, while there should also be uniformity of tone. Such, at any rate, should be the delivery of a passage such as the following: “For Quintus Ligarius, since there was no hint of the likelihood of the war in Africa,” or “Aulus Cluentius Habitus, this man's father.” But different methods may be called for in this same portion of the speech, in passionate utterances such as, “The mother-in-law weds her son-in-law,” or in pathetic passages such as, “There in the market-place of Laodicea was displayed a grievous and afflicting spectacle for all the province of Asia to behold.”

3.162. magis prolatam manum, amictum recidentem, gestum distinctum, vocem sermoni proximam et tantum acriorem, sonum simplicem frequentissime postulabit in his dumtaxat: Q. enim Ligarius, cum esset in Africa nulla belli suspicio, et A. Cluentius Habitus paler huiusce. in eadem poscent adfectus, vel concitati genero socrus, vel flebiles in foro Laodiceae spectaculum acerbum et miserum toti Asiae provinciae. varia et multiplex actio est probationum.

3.163. The proofs, however, require the utmost variety of delivery. For to state them and distinguish between their various points, and to examine witnesses, we employ something not far removed from a colloquial tone, as is also the case in anticipating objections, which is really another form of statement. But in all these cases we sometimes deride, and sometimes mimic our opponents.

3.163. et proponere, partiri, interrogare sermoni sunt proxima, et contradictionem sumere: nam ea quoque diversa propositio est. haec tamen aliquando irridentes, aliquando imitantes pronuntiamus.

3.164. Argument, being as a rule of a livelier, more energetic and aggressive character, demands a type of gesture adapted to its style, that is to say, it should be bold and rapid. There are certain portions of our arguments that require to be pressed home with energy, and in these our style must be compact and concentrated. Digressions, as a rule, are characterised by gentleness, calm and placidity, as, for example, in Cicero's description of the Rape of Proserpine, his picture of Sicily, or his panegyric of Pompey. For naturally passages which deal with subjects lying outside the main question in dispute demand a less combative tone.

3.164. plerumque agilior et acrior et instantior consentientem orationi postulat etiam gestum, id est fortem celeritatem. quibusdam in partibus et densanda oratio. fere lenes et dulces et remissae, raptus Proserpinae, Siciliae descriptio, Cn. Pompeii laus. enim mirum minus habere contentionis ea quae sunt extra quaestionem.

3.165. There are occasions on which we may adopt a gentle manner in depreciating our opponents by giving a picture of their character, as in the following passage: “I seemed to see some persons entering the room and others leaving it, while others were staggering to and fro under the influence of wine.” Under such circumstances we may even allow the gesture to match the voice, and may employ a gentle movement from side to side: but this motion should be confined to the hands, and there should be no movement of the flanks.

3.165. nonnunquam cum reprehensione diversae partis imitatio: videre alios intrantis, alios autem exeuntes, quosdam ex vino vacillantes. non dissidens a voce permittitur gestus quoque, in utramque partem tenera quaedam, sed intra manus tamen et sine motu laterum translatio.

3.166. There are a number of gradations of tone which may be employed to kindle the feeling of the judges. The most vehement tones that an orator is ever called upon to use will be employed in passages such as the following: “When the war was begun, Caesar, and was, in fact, well on its way to a conclusion.” For he has just said: “I will use my voice to its fullest power, that all the Roman people may hear me.” On the other hand, a lower tone, not devoid of a certain charm, should be employed in passages such as: “What was that sword of yours doing, 'Tubero, that sword that was drawn on the field of Pharsalus?”

3.166. iudicis plures sunt gradus. Summus ille et quo nullus est in oratore acutior: bello, Caesar, gesto iam etiam ex parte magna. enim: potero voce contendam, ut populus hoc Romanus exaudiat. inferior et habens aliquid iam iucunditatis: enim tuus ille, Tubero, in acie Pharsalica gladius agebat?

3.167. But the utterance must be fuller, slower, and consequently sweeter, when the orator says, “But in an assembly of the Homan people, and when he was performing his official functions.” In this passage every sound should e drawn out, we should dwell upon the vowel-sounds and speak fill-throated. Still fuller should be the stream of our voice in the invocation, “You, hills and groves of Alba”; while a tone not far removed from chanting, and dying away to a cadence, should be employed in delivering the phrase, “Rocks and solitudes answer to the voice.”

3.167. adhuc et lentius ideoque dulcius: coetu vero populi Romani negotium publicum gerens. omnia trahendaeque tum vocales aperiendaeque sunt fauces. tamen haec canali fluunt:, Albani tumuli atque luci. cantici quiddam habent sensimque resupina sunt: atque solitudines voci respondent.

3.168. These are the modulations denounced by Demosthenes and Aeschines, but they do not necessarily for that reason merit our disapprobation. For as each of these orators taunts the other with making use of them, it is clear that they were employed by both. We may be sure that Demosthenes did not restrict himself to his ordinary simplicity of tone when he swore by those that fought for their country at Marathon, Plataea and Salamis, nor did Aeschines employ a colloquial utterance when he lamented for the fate of Thebes.

3.168. sunt illae inclinationes vocis, quas invicem Demosthenes atque Aeschines exprobrant, non ideo improbandae; cum enim uterque alteri obiiciat, palam est utrumque fecisse. neque ille per Marathonis et Plataearum et Salaminis propugnatores recto sono iuravit, nec ille Thebas sermone deflevit.

3.169. There is also an entirely different tone, which might be described as lying almost outside the range of the instrument. The Greeks call it bitterness, and it consists in an extravagant acerbity almost beyond the compass of the human voice. It is employed in passages such as, “Why do you not restrain those cries, the proof of your folly and the evidence of your small numbers?” But the extravagance of which I spoke will come in at the opening, where the orator cries, “Why do you not restrain?”

3.169. his diversa vox et paene extra organum, cui Graeci nomen amaritudinis dederunt, super modum ac paene naturam vocis humanae acerba: compescitis vocem istam, indicem stultitiae, testem paucitatis? id, quod excedere modum dixi, in illa parte prima est: compescitis.

3.170. The peroration, if it involves a recapitulation, requires an even utterance of short, clear-cut clauses. If, on the other hand, it is designed to stir the emotions of the judges, it will demand some of the qualities already mentioned. If it aims at soothing them, it should How softly; if it is to rouse them to pity, the voice must be delicately modulated to a melancholy sweetness, which is at once most natural and specially adapted to touch the heart. For it may be noted that even orphans and widows have a certain musical quality in the lamentations which they utter at funerals.

3.170. , si enumerationem rerum habet, desiderat quandam concisorum continuationem; si ad concitandos iudices est accommodatus, aliquid ex iis, quae supra dixi; si placandos, inclinatam quandam lenitatem; si misericordia commovendos, flexum vocis et flebilem suavitatem, qua praecipue franguntur animi, quaeque est maxime naturalis. etiam orbos viduasque videas in ipsis funeribus canoro quodam modo proclamantes.

3.171. A muffled voice, such as Cicero says was possessed by Antonius, will also be exceedingly effective under such circumstances, since it has just the natural tone which we seek to imitate. Appeals to pity are, however, of two kinds: they may be marked by an admixture of indignation, as in the passage just quoted describing the condemnation of Philodamus, or they may be coupled with appeals for mercy, in which case their tone will be more subdued.

3.171. etiam fusca illa vox, qualem Cicero fuisse in Antonio dicit, mire faciet; habet enim in se, quod imitamur. est tamen miseratio, altera cum invidia, qualis modo dicta de damnatione Philodami, altera cum deprecatione demissior.

3.172. Therefore although there is a suggestion of the chanting tone in the delivery of such passages as “In an assembly of the Roman people” (for he did not utter these words in a contentious tone), or in “Ye hills and groves of Alba” (for he did not say this as though he were appealing to them or calling them to witness), the ensuing phrases require infinitely greater modulation and longer-drawn harmonies: “Ah, woe is me, unhappy that I am!” and “What shall I reply to my children?” and “You, Milo, had the power to recall me to my country with the aid of these men, and shall I be powerless by their aid to keep you in that same country, your native land and mine?” or when he offers to sell the property of Gaius Rabirius at one sesterce, “Ah, what a sad and bitter task my voice is called on to perform!” Again, it is a most effective device to confess in the peroration that the strain of grief and fatigue is overpowering, and that our strength is sinking beneath them, as Cicero does in his defence of Milo: “But here I must make an end: I can no longer speak for tears.”

3.172. , etiamsi est in illis quoque cantus obscurior, coetu vero populi Romani (non enim haec rixantis modo dixit); et, Albani tumuli (non enim, quasi inclamaret aut testaretur, locutus est), tamen infinito magis illa flexa et circumducta sunt: miserum, me infelicem, et respondebo liberis meis? et tu me in patriam potuisti, Milo, per hos; ego te in eadem patria per eosdem retinere non potero? et cum bona C. Rabirii nummo sestertio addicit: O meum miserum acerbumque praeconium.

3.173. And in such passages our delivery must conform to our words. It may be thought that there are other points which should be mentioned in connexion with the duties of the orator in this portion of his speech, such as calling forward the accused, lifting up his children for the court to see, producing his kinsfolk, and rending his garments; but they have been dealt with in their proper place. Such being the variety entailed by the different portions of our pleading, it is sufficiently clear that our delivery must be adapted to our matter, as I have already shown, and sometimes also, though not always conform to our actual words, as I have just remarked.

3.173. quoque mire facit in peroratione velut deficientis dolore et fatigatione confessio, ut pro eodem Milone,. finis sit; neque enim prae lacrimis iam loqui possum. similem verbis habere debent etiam pronuntiationem. videri alia quoque huius partis atque officii, reos excitare, pueros attollere, propinquos producere, vestes laniare; sed suo loco dicta sunt. quia in partibus causae talis est varietas, satis apparet, accommodandam sententiis ipsis pronuntiationem, sicut ostendimus, sed verbis quoque, quod novissime dixeram, non semper, sed aliquando.

3.175. For instance, must not the words, “This poor wretched, poverty-stricken man,” be uttered in a low, subdued tone, whereas, “A hold and violent fellow and a robber,” is a phrase requiring a strong and energetic utterance? For such conformity gives a force and appropriateness to our matter, and without it the expression of the voice will be out of harmony with our thought.

3.175. non hoc misellus et pauperculus summissa atque contracta, fortis et uehemens et latro erecta et concitata voce dicendum est? enim vis et proprietas rebus tali adstipulatione, quae nisi adsit, aliud vox, aliud animus ostendat.

3.176. Again, what of the fact that a change of delivery may make precisely the same words either demonstrate or affirm, express reproach, denial, wonder or indignation, interrogation, mockery or depreciation? For the word “thou” is given a different expression in each of the following passages:Thou this poor kingdom dost on me bestow.andThou vanquish him in song?andArt thou, then, that Aeneas?andAnd of fear,Do thou accuse me, Drances!To cut a long matter short, if my reader will take this or any other word he chooses and run it through the whole gamut of emotional expression, he will realise the truth of what I say.

3.176. ? quod eadem verba mutata pronuntiatione indicant, adfirmant, exprobrant, negant, mirantur, indignantur, interrogant, irrident, elevant? enim dicitur: mihi quodcunque hoc regni et tu illum? et ille Aeneas? et timoris argue tu, Drance. ne morer, intra se quisque vel hoc vel aliud, quod volet, per omnes adfectus verset, verum esse quod dicimus sciet.

3.177. There is one further remark which I must add, namely, that while what is becoming is the main consideration in delivery, different methods will often suit different speakers. For this is determined by a principle which, though it is obscure and can hardly be expressed in words, none the less exists: and, though it is a true saying that “the main secret of artistic success is that whatever we do should become us well,” none the less, despite the fact that such success cannot be attained without art, it is impossible entirely to communicate the secret by the rules of art.

3.177. iam his adiiciendum est, cum praecipue in actione spectetur decorum, saepe aliud alios decere. enim latens quaedam in hoc ratio et inenarrabilis; et ut vere hoc dictum est, caput esse artis decere quod facias, ita id neque sine arte esse neque totum arte tradi potest.

3.178. There are some persons in whom positive excellences have no charm, while there are others whose very faults give pleasure. We have seen the greatest of comic actors, Demetrius and Stratocles, win their success by entirely different merits. But that is the less surprising owing to the fact that the one was at his best in the rôles of gods, young men, good fathers and slaves, matrons and respectable old women, while the other excelled in the portrayal of sharptempered old men, cunning slaves, parasites, pimps and all the more lively characters of comedy. For their natural gifts differed. For Demetrius' voice, like his other qualities, had greater charm, while that of Stratocles was the more powerful.

3.178. quibusdam virtutes non habent gratiam, in quibusdam vitia ipsa delectant. actores comoediarum, Demetrium et Stratoclea, placere diversis virtutibus vidimus. illud minus mirum, quod alter deos et iuvenes et bonos patres servosque et matronas et graves anus optime, alter acres senes, callidos servos, parasitos, lenones et omnia agitatiora melius: fuit enim natura diversa. vox quoque Demetrii iucundior, illius acrior erat.

3.179. But yet more noticeable were the incommunicable peculiarities of their action. Demetrius showed unique gifts in the movements of his hands, in his power to charm his audience by the longdrawn sweetness of his exclamations, the skill with which he would make his dress seem to puff out with wind as he walked, and the expressive movements of the right side which he sometimes introduced with effect, in all of which things he was helped by his stature and personal beauty.

3.179. magis proprietates, quae transferri non poterant, manus iactare et dulces exclamationes theatri causa producere et ingrediendo ventum concipere veste et nonnunquam dextro latere facere gestus, quod neminem alium nisi Demetrium decuit; namque in haec omnia statura et mira specie adiuvabatur;

3.180. On the other hand, Stratocles' forte lay in his nimbleness and rapidity of movement, in his laugh (which, though not always in keeping with the character lie represented, he deliberately employed to awaken answering laughter in his audience), and finally, even in the way in which he sank his neck into his shoulders. If either of these actors had attempted any of his rival's tricks, he would have produced a most unbecoming effect. Consequently, every man must get to know his own peculiarities and must consult not merely the general rules of technique, but his own nature as well with a view to forming his delivery.

3.180. illum cursus et agilitas et vel parum conveniens personae risus, quem non ignarus rationis populo dabat, et contracta etiam cervicula. horum alter fecisset, foedissimum videretur. Quare norit se quisque, nec tantum ex communibus praeceptis, sed etiam ex natura sua capiat consilium formandae actionis.

3.181. But there is no law of heaven which prohibits the possession of all or at any rate the majority of styles by one and the same person. I must conclude this topic with a remark which applies to all my other topics as well, that the prime essential is a sense of proportion. For I am not trying to form a comic actor, but an orator. Consequently, we need not study all the details of gesture nor, as regards our speaking, be pedantic in the use we make of the rules governing punctuation, rhythm and appeals to the emotions.

3.181. illud tamen est nefas, ut aliquem vel omnia vel plura deceant. quoque loci clausula sit eadem necesse est, quae ceterorum est, regnare maxime modum. enim comoedum esse, sed oratorem volo. neque in gestu persequemur omnes argutias nec in loquendo distinctionibus, temporibus, adfectionibus moleste utemur.

3.182. For example, if an actor has to speak the following lines on the stage:What shall I do then? Not go, even now,Now when she calls me? Or shall I steel my soulNo longer to endure a harlot's insults?he will hesitate as in doubt, will vary the modulations of his voice, together with the movements of hand and head. But oratory has a different flavour and objects to elaborate condiments, since it consists in serious pleading, not in mimicry.

3.182. si sit in scena dicendum:igitur faciam? non eam, ne nunc quidem,arcessor ultro? an potius ita me comparemperpeti meretricum contumelias?enim dubitationis moras, vocis flexus, varias manus, diversos nutus actor adhibebit. oratio sapit nec vult nimium esse condita; actione enim constat, non imitatione.

3.183. There is, therefore, good reason for the condemnation passed on a delivery which entails the continual alteration of facial expression, annoying restlessness of gesture and gusty changes of tone. And it was a wise saying that the ancient orators borrowed from the Greeks, as is recorded by Popilius Laenas, to the effect that there is too much “business” in such delivery.

3.183. non immerito reprehenditur pronuntiatio vultuosa et gesticulationibus molesta et vocis mutationibus resultans. inutiliter ex Graecis veteres transtulerunt, quod ab iis sumptum Laenas Popilius posuit, esse hanc negotiosam actionem.

3.184. The instructions given by Cicero on this subject, as on all others, are quite admirable; I allude to the passages which I have already quoted from his Orator, while there are similar observations in the Brutus with reference to Marcus Antonius. But to-day a rather more violent form of delivery has come into fashion and is demanded of our orators: it is well adapted to certain portions of a speech, but requires to be kept under control. Otherwise, in our attempt to ape the elegances of the stage, we shall lose the authority which should characterise the man of dignity and virtue.

3.184. igitur idem, qui omnia, Cicero praeceperat, quae supra ex Oratore posui; quibus similia in Bruto de M. Antonio dicit. iam recepta est actio paulo agitatior et exigitur et quibusdam partibus convenit, ita tamen temperanda, ne, dum actoris captamus elegantiam, perdamus viri boni et gravis auctoritatem.