But, argues my friend, a good indictment is a different thing from a good speech. I know some people hold that view, but I — of course I may be wrong — feel persuaded that though it is possible to have a good indictment without a good speech, it is not possible for a good speech not to be a good indictment. For a speech is the exemplar of an indictment — one might even call it its archetype. Hence in every first- class oration we find a thousand extempore figures of speech, even in those which we know to have been carefully edited. For example, in the Speech against Verres:—” — some artist. What was his name? Yes, you are quite right. My friends here tell me it was Polycletus.” It follows, therefore, that the most perfect indictment is that which most resembles a spoken speech, provided only that sufficiently adequate time is allowed for its delivery. If it is not, then the orator is not at fault, but the presiding magistrate is very much to blame. My opinion receives support from the laws, which are lavish in the amount of time they place at a pleader’s disposal. They do not inculcate brevity among counsel, but exhaustiveness — that is to say, they give them time for a painstaking statement of their case, and this is quite incompatible with brevity, except the most unimportant actions. I will add also what experience has taught me, and experience is the finest master. I have constantly acted as counsel, as presiding magistrate, and as one of the consulting bench. Different people are influenced by different things, and it often happens that unimportant details have important consequences. Men do not think alike, nor have they the same inclinations, and hence it comes about that though people have listened together to the same case being tried, they often form different opinions about it, and sometimes, though arriving at the same conclusion, they have been influenced by very different motives. Moreover, each one has a bias in favour of his own interpretation, and thus, when a second party enunciates an opinion which he himself has arrived at, he takes it for gospel and holds to it firmly. Consequently, a pleader should give each member of the jury something that he may get hold of and recognise as his own opinion.
Regulus once said to me when we were in Court together: “You think you ought to follow up every single point in the case: I lose no time in getting a view of my opponent’s throat, and consider only the easiest way of cutting it.” (I must admit that he does cut it when he gets hold of it, but often in trying to get a hold he makes a mistake.) Here was my answer to him: “Yes, but sometimes what you think is the throat is only the knee, or the shin bone or the ankle. As for myself, I may not be quick at getting a clear view of my enemy’s throat, but I keep feeling for a grip and try him at every point. In short, as the Greeks say, ‘I leave no stone unturned.’” I am like a husbandman, I look carefully after not only my vineyards but my orchards, not only my orchards but my meadows, while in the meadows I set seed for barley, beans, and other vegetables, as well as for spelt and the best white wheat. So when I plead in the Courts I scatter my arguments like seeds with a lavish hand, and reap the crop that they produce. For the minds of judges are as obscure, as little to be relied upon, and as deceptive as the dispositions of storms and soils.
Nor do I forget that in his eulogy of that consummate orator, Pericles, the comedy-writer Eupolis used the following language:— “But besides his keenness, Persuasion sate upon his lips. So he charmed all ears and, alone of all our orators, left his thrill behind him in his hearer’s minds.” But even Pericles would not have possessed the persuasion and charm of which Eupolis speaks merely owing to his conciseness or to his keenness, or to both (for they are different attributes), unless he had also possessed consummate oratorical power. In order to delight and carry conviction an orator must have ample time and room allowed him, for he alone can leave a thrill in his hearers’ minds who plants his weapon besides merely puncturing the skin. Again, see what another comic poet writes of the same Pericles: “He lightened, he thundered, he turned Hellas upside down.” Such metaphors as thunder, lightning, and chaos and confusion could not be used of abbreviated and compressed oratory, but only of oratory on a sweeping scale, pitched in a lofty and exalted key.
But, you say, the mean is the best. Quite so, but the mean is as much neglected by those who fail to do justice to their subject as by those who overdo it, by those who wear a bearing rein as by those who give themselves their heads. And so you often hear the criticism that a speech was “frigid and weak,” just as you hear that another was “overloaded and a mass of repetition.” The one speaker is said to have over-elaborated his subject, the other not to have risen to the occasion. Both are at fault; one through weakness, the other through too much strength, and the latter, though he may not show the more refined intellect, certainly shows the more robust mind. When I say this it must not be supposed that I am approving Homer’s Thersites — the man who was a torrent of words — but rather his Ulysses, whose “words were like snow-flakes in winter,” though at the same time I admire his Menelaus, who spoke “Few words, but well to the point.” Yet, if I had to choose, I should prefer the speech that is like the winter snow- storm — viz. fluent, flowing, and of generous width; and not only that, but divine and celestial. It may, I know, be said that many people prefer a short pleading. No doubt, but they are lazy creatures, and it is ridiculous to consult the tastes of such sloths as though they were critics. For if you take their opinion as worth anything, you will find that they not only prefer a short pleading, but no pleading at all.
Well, I have told you what I think. I shall change my opinion if you do not agree with me, but in that case I beg of you to give me clear reasons for your disagreement; for although I feel bound to bow to a man of your judgment, yet in a point of such importance, I consider that I ought to give way rather to a reasoned statement than to an ipse dixit. But even if you think I am right, still write and tell me so, and make the letter as short as you like — for you will thus confirm my judgment. If I am wrong, see that you write me a very long letter. I feel sure I have not estimated you wrongly in thus asking you for a short note if you agree with me, while laying on you the obligation of writing at length if you disagree. Farewell.
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21. C. PLINIUS PLINIO PATERNO SUO S.
1 Ut animi tui iudicio sic oculorum plurimum tribuo, non quia multum — ne tibi placeas — sed quia tantum quantum ego sapis; quamquam hoc quoque multum est. 2 Omissis iocis credo decentes esse servos, qui sunt empti mihi ex consilio tuo. Superest ut frugi sint, quod de venalibus melius auribus quam oculis iudicatur. Vale.
XXI. — TO PLINIUS PATERNUS.
Let me acknowledge not only the keenness of your judgment but the sharpness of your eyesight, not because you are full of wisdom — no, don’t plume yourself on that — but because you are just as wise as I am, and that is saying a great deal. Yet, joking apart, I think the slaves which I bought on your recommendation are a tidy-looking lot. It now remains to be seen whether they are honest; because in judging the value of a slave, it is better to trust one’s ears than one’s eyes. Farewell.
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22. C. PLINIUS CATILIO SEVERO SUO S.
1 Diu iam in urbe haereo et quidem attonitus. Perturbat me longa et pertinax valetudo Titi Aristonis, quem singulariter et miror et diligo. Nihil est enim illo gravius sanctius doctius, ut mihi non unus homo sed litterae ipsae omnesque bonae artes in uno homine summum periculum adire videantur. 2 Quam peritus ille et privati iuris et publici! quantum rerum, quantum exemplorum, quantum antiquitatis tenet! Nihil est quod discere velis quod ille docere non possit; mihi certe quotiens aliquid abditum quaero, ille thesaurus est. 3 Iam quanta sermonibus eius fides, quanta auctoritas, quam pressa et decora cunctatio! quid est quod non statim sciat? Et tamen plerumque haesitat dubitat, diversitate rationum, quas acri magnoque iudicio ab origine causisque primis repetit discernit expendit. 4 Ad hoc quam parcus in victu, quam modicus in cultu! Soleo ipsum cubiculum illius ipsumque lectum ut imaginem quandam priscae frugalitatis adspicere. 5 Ornat haec magnitudo animi, quae
nihil ad ostentationem, omnia ad conscientiam refert recteque facti non ex populi sermone mercedem, sed ex facto petit. 6 In summa non facile quemquam ex istis qui sapientiae studium habitu corporis praeferunt, huic viro comparabis. Non quidem gymnasia sectatur aut porticus, nec disputationibus longis aliorum otium suumque delectat, sed in toga negotiisque versatur, multos advocatione plures consilio iuvat. 7 Nemini tamen istorum castitate pietate, iustitia, fortitudine etiam primo loco cesserit.
Mirareris si interesses, qua patientia hanc ipsam valetudinem toleret, ut dolori resistat, ut sitim differat, ut incredibilem febrium ardorem immotus opertusque transmittat. 8 Nuper me paucosque mecum, quos maxime diligit, advocavit rogavitque, ut medicos consuleremus de summa valetudinis, ut si esset insuperabilis sponte exiret e vita; si tantum difficilis et longa, resisteret maneretque: 9 dandum enim precibus uxoris, dandum filiae lacrimis, dandum etiam nobis amicis, ne spes nostras, si modo non essent inanes, voluntaria morte desereret. 10 Id ego arduum in primis et praecipua laude dignum puto. Nam impetu quodam et instinctu procurrere ad mortem commune cum multis, deliberare vero et causas eius expendere, utque suaserit ratio, vitae mortisque consilium vel suscipere vel ponere ingentis est animi. 11 Et medici quidem secunda nobis pollicentur: superest ut promissis deus adnuat tandemque me hac sollicitudine exsolvat; qua liberatus Laurentinum meum, hoc est libellos et pugillares, studiosumque otium repetam. Nunc enim nihil legere, nihil scribere aut assidenti vacat aut anxio libet. 12 Habes quid timeam, quid optem, quid etiam in posterum destinem: tu quid egeris, quid agas, quid velis agere invicem nobis, sed laetioribus epistulis scribe. Erit confusioni meae non mediocre solacium, si tu nihil quereris. Vale.
XXII. — TO CATILIUS SEVERUS.
Here am I still in Rome, and a good deal surprised to find myself here. But I am troubled at the long illness of Titus Aristo, which he cannot shake off. He is a man for whom I feel an extraordinary admiration and affection: search where you will, he is second to none in character, uprightness, and learning — so much so that I hardly look upon his illness as that of a mere individual being in danger. It is rather as if literature and all good arts were personified in him, and through him were in grievous peril. What a knowledge he has of private and public rights and the laws relating to them! What a mastery he has of things in general, what experience, what an acquaintance with the past! There is nothing you may wish to learn that he cannot teach you; to me, certainly, he is a perfect mine of learning whenever I am requiring any out-of-the-way information. Then again, how convincing his conversation is, how strongly it impresses you, how modest and becoming is his hesitation! What is there that he does not know straight away? And yet, often enough, he shows hesitation and doubt, from the very diversity of the reasons that come crowding into his mind, and upon these he brings to bear his keen and mighty intellect, and, going back to their fountain-head, reviews them, tests them, and weighs them in the balance. Again, how sparing he is in his manner of life, how unassuming in his dress! I often look at his bedroom and the bed itself, as though they were models of old-fashioned economy. However, they are adorned by his splendid mind, which has not a thought for ostentation, but refers everything to his conscience. He seeks his reward for a good deed not in the praise of the world, but in the deed itself. In short, you will not find it easy to discover any one, even among those who prefer to study wisdom rather than take heed to their bodily pleasures, worthy to be compared with him. He does not haunt the training grounds and the public porticos, nor does he charm the idle moments of others and his own by indulging in long talks; no, he is always in his toga and always at work; his services are at the disposal of many in the Courts, and he helps numbers more by his advice. Yet in chastity of life, in piety, in justice, in courage even, there is no one of all his acquaintance to whom he need give place.
You would marvel, if you were by his side, at the patience with which he endures his illness, how he fights against his suffering, how he resists his thirst, how, without moving and without throwing off his bed- clothes, he endures the dreadful burning heats of his fever. Just recently he sent for me and a few others of his especial friends with me, and begged us to consult his doctors and ask them about the termination of his illness, so that if there were no hope for him he might voluntarily give up his life, but might fight against it and hold out if the illness only threatened to be difficult and long. He owed it, he said, to the prayers of his wife, the tears of his daughter, and the regard of us who were his friends, not to cheat our hopes by a voluntary death, providing those hopes were not altogether futile. I think that such an acknowledgment as that must be especially difficult to make, and worthy of the highest praise; for many people are quite capable of hastening to death under the impulse of a sudden instinct, but only a truly noble mind can weigh up the pros and cons of the matter, and resolve to live or die according to the dictates of Reason. However, the doctors give us reassuring promises, and it now remains for the Deity to confirm and fulfil them, and so at length release me from my anxiety. The moment my mind is easy, I shall be off to my Laurentine Villa — that is to say, to my books and tablets, and to my studious ease. For now as I sit by my friend’s bedside I can neither read nor write, and I am so anxious that I have no inclination for such study.
Well, I have told you my fears, my hopes, and my future plans; it is your turn now to write and tell me what you have been doing, what you are doing now, and what your plans are, and I hope your letter will be a more cheerful one than mine. If you have nothing to complain about, it will be no small consolation to me in my general upset. Farewell.
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23. C. PLINIUS POMPEIO FALCONI SUO S.
1 Consulis an existimem te in tribunatu causas agere debere. Plurimum refert, quid esse tribunatum putes, inanem umbram et sine honore nomen an potestatem sacrosanctam, et quam in ordinem cogi ut a nullo ita ne a se quidem deceat. 2 Ipse cum tribunus essem, erraverim fortasse qui me esse aliquid putavi, sed tamquam essem abstinui causis agendis: primum quod deforme arbitrabar, cui assurge cui loco cedere omnes oporteret, hunc omnibus sedentibus stare, et qui iubere posset tacere quemcumque, huic silentium clepsydra indici, et quem interfari nefas esset, hunc etiam convicia audire et si inulta pateretur inertem, si ulcisceretur insolentem videri. 3 Erat hic quoque aestus ante oculos, si forte me appellasset vel ille cui adessem, vel ille quem contra, intercederem et auxilium ferrem an quiescerem sileremque, et quasi eiurato magistratu privatum ipse me facerem. 4 His rationibus motus malui me tribunum omnibus exhibere quam paucis advocatum. 5 Sed tu — iterum dicam — plurimum interest quid esse tribunatum putes, quam personam tibi imponas; quae sapienti viro ita aptanda est ut perferatur. Vale.
XXIII. — TO POMPEIUS FALCO.
You ask me whether I think you ought to practise in the courts while you are tribune. The answer entirely depends on the conception you have of the tribuneship, whether you think it is a mere empty honour, a name with no real dignity, or an office of the highest sanctity, and one that no one, not even the holder himself, ought to slight in the least degree. When I was tribune, I may have been wrong for thinking that I was somebody, but I acted as if I were, and I abstained from practising in the courts. In the first place, I thought it below my dignity that I, at whose entrance every one ought to rise and give way, should stand to plead while all others were sitting; or that I, who could impose silence on all and sundry, should be ordered to be silent by a water- clock; that I, whom it was a crime to interrupt, should be subjected even to abuse, and that I should make people think I was a spiritless fellow if I let an insult pass unnoticed, or proud and puffed up if I resented and avenged it. Again, there was this embarrassing thought always before me. Supposing appeal was made to me as tribune either by my client or by the other party to the suit, what should I do? Lend him aid, or keep silence and say not a word, and thus forswear my magistracy and reduce myself to a mere private citizen? Moved by these considerations, I preferred to be at the disposal of all men as a tribune rather than act
as an advocate for a few. But, to repeat what I said before, it makes all the difference what conception you happen to have of the office, and what part you essay to play. Providing you carry it through to the end, either will be quite congruous with a man of wisdom. Farewell.
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24. C. PLINIUS BAEBIO HISPANO SUO S.
1 Tranquillus contubernalis meus vult emere agellum, quem venditare amicus tuus dicitur. 2 Rogo cures, quanti aequum est emat; ita enim delectabit emisse. Nam mala emptio semper ingrata, eo maxime quod exprobrare stultitiam domino videtur. 3 In hoc autem agello, si modo arriserit pretium, Tranquilli mei stomachum multa sollicitant, vicinitas urbis, opportunitas viae, mediocritas villae, modus ruris, qui avocet magis quam distringat. 4 Scholasticis porro dominis, ut hic est, sufficit abunde tantum soli, ut relevare caput, reficere oculos, reptare per limitem unamque semitam terere omnesque viteculas suas nosse et numerare arbusculas possint. Haec tibi exposui, quo magis scires, quantum esset ille mihi ego tibi debiturus, si praediolum istud, quod commendatur his dotibus, tam salubriter emerit ut paenitentiae locum non relinquat. Vale.
Delphi Complete Works of Pliny the Younger (Illustrated) (Delphi Ancient Classics) Page 81
