[169] What more disgraceful therefore can possibly be said or done, than that he who has assumed the character of an advocate, ostensibly to defend the causes and interests of his friends, to assist the distressed, to relieve such as are sick at heart, and to cheer the afflicted, should so err in the slightest and most trivial matters, as to seem an object of pity to some, and of ridicule to others? [159] The civil law must be thoroughly studied; laws in general must be understood; all antiquity must be known; the usages of the senate, the nature of our government, the rights of our allies, our treaties and conventions, and whatever concerns the interests of the state, must be learned. 1 octavo volume (17 x 11 cm), soft vellum (contemporary binding), smooth spine title in ink, note on the inner covers, 240-48 sheets. For when Marius Gratidianus had sold a house to Orata, and had not specified, in the deed of sale, that any part of the building owed service, ** we argued, that for whatever encumbrance attended the thing sold, if the seller knew of it, and did not make it known, he ought to indemnify the purchaser. [101] "I believe I must answer," says Crassus, "as is usually written in the formulae for entering on inheritances, ** concerning such points as I know and shall be able." Marcus Tullius Cicero may not have been the greatest trial lawyer of ancient Rome, but he is the best remembered. (39)   The son of a freedman of the Claudian family had died without making a will, and his property fell by law to the Claudii: but there were two families of them, the Claudii Pulchri, who were patricians, and the Claudii Marcelli, who were plebeians; and these two families went to law about the possession of the dead man's property. Translated by J.S.Watson (1860), with some minor alterations. The result is an enlightening and entertaining practical introduction to the secrets of persuasive speaking and writing—including strategies that are just as effective in today’s offices, schools, courts, and political debates as they were in the Roman forum. For my own part, while I desire this finish and perfection in an orator, of which I fall so far short myself, I act audaciously; for I wish indulgence to be granted to myself, while I grant none to others; for I think that he who has not abilities, who is faulty in action, who, in short, lacks a graceful manner, should be sent off, as Apollonius advised, to that for which he has a capacity. [166] L   "Can you then," says Crassus, "(to omit other things innumerable and without limit, and come to your study, the civil law,) can you account them orators, for whom Scaevola, ** though in haste to go to the Campus Martius, waited several hours, sometimes laughing and sometimes angry, while Hypsaeus, in the loudest voice, and with a multitude of words, was trying to obtain of Marcus Crassus, the praetor, that the party whom he defended might be allowed to lose his suit; and Gnaeus Octavius, a man of consular dignity, in a speech of equal length, refused to consent that his adversary should lose his case, and that the party for whom he was speaking should be released from the ignominious charge of having been unfaithful in his guardianship, and from all trouble, through the folly of his antagonist?" In book 1, Cicero offers On Oratory as his principal contribution to the discussion of rhetoric ... De Oratore. 131, and Heffter, Obs. (14)   Quam maxime ad veritatem accommodate, 'with as much adaptation as possible to truth.'. Did either of us, in that case, fail to exert ourselves in citing authorities, and precedents, and forms of wills, that is, to dispute on the profoundest points of civil law? [118] L   "But as our inquiry regards the complete orator, we must imagine, in our discussion, an orator from whom every kind of fault is abstracted, and who is adorned with every kind of merit. (8)   A town of Caria. [109] Yet if those things which have been observed in the practice and method of speaking, have been noted and chronicled by ingenious and skilful men, have been set forth in words, illustrated in their several kinds, and distributed into parts, (as I think may possibly be done,) I do not understand why speaking may not be deemed an art, if not according to the exact definition of Antonius, at least according to common opinion. [100] "Then," said Cotta, "since we have got over what we thought the greatest difficulty, to induce you, Crassus, to speak at all upon these subjects, for the rest, it will be our own fault if we let you go before you have explained all that we have to ask." while the Claudii Marcelli, or plebeian Claudii, claimed it by right of stirps, on the ground that the freedman was more nearly related to them than to the Pulchri. He was called quasi-patronus, because none but Roman citizens could have patrons. Antonius soon after said, "I have often observed, as you mention, Crassus, that both you and other most accomplished orators, although in my opinion none was ever equal to you, have felt some agitation in entering upon their speeches. vii. Hypsaeus was accusing some guardian of maladministration of the fortunes of his ward. Translated into English with an introd. One of them was Hypsaeus, the other Gnaeus Octavius, who had been consul 128 B.C. ** [180] Amidst what a concourse of people too, and with what universal interest, was the famous case between Manius Curius and Marcus Coponius lately conducted before the centumviri ! Octavius defended the guardian. (2)   Marcus Pupius Piso Calpurnianus, to whom Cicero was introduced by his father, that he might profit by his learning and experience. 1. the roman background: politics and culture; 2. de oratore in cicero's life; 3. the subject: the ideal orator; 4. form i: dialogue technique; 5. form ii: "rhetorical" techniques and the way to read de oratore; 6. background i: the quarrel between rhetoricians and philosophers, and cicero's position in it; 7. Ellendt supposes that id egisse may mean ei rei operam dedisse. De Oratore, Book III is the third part of De Oratore by Cicero. 1 The treatise is thrown into the form of a dialogue, which Cicero represents as his somewhat imperfect reminiscence of a conversation which had taken place at the Tusculan villa of L. Licinius Crassus, and had been reported to him by C. Aurelius Cotta, one of the interlocutors. 16. Was he not possessed of as great a share of eloquence as those times and that age ** would admit in this city, and at the same time the most learned of all men in the civil law? **. This he did not perceive to be a clause inserted for the advantage of the plaintiff, that he might know when to bring his suit. [162] "Then," said Scaevola, "why do you not act in the same way as you would do, if you had really come into a house or villa full of rich furniture? As to myself, I acknowledge that I have always avoided any such kind of discourse, and have often declined to comply with your requests and appeals, as you just now observed. Video An ... Cicero on oratory and orators Item Preview remove-circle ... De oratore Includes index 1 Addeddate 2011-04-27 23:45:51 Bookplateleaf 0006 Call number DAY2466 Camera Canon EOS 5D Mark II Dicta tibi est Lex. As to the case also, that happened in the memory of our fathers, when the father of a family, who had come from Spain to Rome, and had left a wife pregnant in that province, and married another at Rome, without sending any notice of divorce to the former, and died intestate, after a son had been born of each wife, did a small matter come into controversy, when the question was concerning the rights of two citizens, I mean concerning the boy who was born of the latter wife and his mother, who, if it were adjudged that a divorce was effected from a former wife by a certain set of words, and not by a second marriage, would be deemed a concubine? by Cicero. Click on ** to go to the translator's footnotes. 2:   "It was," replied Crassus, "because I knew that there was in both of you excellent and noble talents for oratory, that I have expressed myself fully on these matters; nor have I adapted my remarks more to deter those who had not abilities, than to encourage you who had; and though I perceive in you both consummate capacity and industry, yet I may say that the advantage of personal appearance, on which I have perhaps said more than the Greeks are wont to say, are in you, Sulpicius, even godlike. Instead of relying on untrained instinct—and often floundering or failing as a result—we’d win more arguments if we learned the timeless art of verbal persuasion, rhetoric. This is a review of "De Oratore" books I-II and "De Oratore" book III in the Loeb Classical Library. Proust. Ellendt. Astonishingly relevant, this unique anthology of Cicero’s rhetorical and oratorical wisdom will be enjoyed by anyone who ever needs to win arguments and influence people—in other words, all of us. Or if trees have been carried away from your land to that of your neighbour, and have taken root there, etc. ("Agamemnon", "Hom. In Verrem. Thus we undergo a severer judgment in oratory, and judgment is pronounced upon us as often as we speak; if an actor is once mistaken in an attitude, he is not immediately considered to be ignorant of attitude in general; but if any fault is found in a speaker, there prevails for ever, or at least for a very long time, a notion of his stupidity.   |   De Oratore Book II is the second part of De Oratore by Cicero. Translated from the English of Conyers Middleton. The term gens was used in reference to patricians; that of stirps, to plebeians. Series. (1)   Cretionibus. (45)   This celebrated case is so clearly stated by Cicero as to require no explanation. See Matth. ** for who can ever possibly arrive at that perfection of yours, that high excellence in every accomplishment?" [134] L   Crassus, smiling, replied, "What do you think is wanting to you, Cotta, but a passionate inclination, and a sort of ardour like that of love, without which no man will ever attain anything great in life, and especially such distinction as you desire? But the chief point of all is that which (to say the truth) we hardly ever practise (for it requires great labour, which most of us avoid); I mean, to write as much as possible. . [113] "Proceed, however, Crassus," said Scaevola; "for I will take upon myself the blame which you fear.". Additional Physical Format: Online version: Cicero, Marcus Tullius. But the name of Dives had previously been in the family of the Crassi, for Publius Crassus. De Oratore, Book 1, Book 1 Marcus Tullius Cicero Full view - 1904. Yet I do not see that you need any encouragement to this pursuit; indeed, as you press rather hard even upon me, I consider that you burn with an extraordinarily fervent affection for it. In such rights slaves, freedmen, and capite deminuti had no participation. For if the multitude of suits, if the variety of cases, if the rabble and barbarism of the forum, afford room for even the most wretched speakers, we must not, for that reason, take our eyes from the object of out inquiry. Of that subject, however, we shall inquire hereafter; at present we wish to know your sentiments on exercise.". Proust. Pat. Gell. c. 87. I have been speaking for some time the more timidly on this point, because there is with us a man ** eminent in speaking, whom I admire as an orator beyond all others; but who has ever held the civil law in contempt. ", {29.} Click on the L symbols to go to the Latin text of each section. See ii. Close. [178] When I myself lately defended the case of Sergius Orata, on a private suit against our friend Antonius, did not my whole defence turn upon a point of law? . III. Any comments. on Gaius, iv. 13. (36)   About these, various controversies might arise; as, when the force of a river has detached a portion from your land, and added it to that of your neighbour, to whom does that portion belong? Proust. . [116] It is, indeed, a great task and enterprise for a person to undertake and profess, that while every one else is silent, he alone must be heard on the most important subjects, and in a large assembly of men; for there is scarcely any one present who is not sharper and quicker to discover defects in the speaker than merits; and thus whatever offends the hearer effaces the recollection of what is worthy of praise.

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