§3.15.1περὶ δὲ διαβολῆς ἓν μὲν τὸ ἐξ ὧν ἄν τις ὑπόληψιν δυσχερῆ ἀπολύσαιτο (οὐθὲν γὰρ διαφέρει εἴτε εἰπόντος τινὸς εἴτε μή, ὥστε τοῦτο καθόλου)·
In regard to prejudice, one topic is that from which one might clear away an unfavorable reputation (for it makes no difference whether someone has actually spoken it or not, so this is of general application).
§3.15.2ἄλλος τόπος ὥστε πρὸς τὰ ἀμφισβητούμενα ἀπαντᾶν, ἢ ὡς οὐκ ἔστιν, ἢ ὡς οὐ βλαβερὸν ἢ οὐ τούτῳ, ἢ ὡς οὐ τηλικοῦτον, ἢ οὐκ ἄδικον ἢ οὐ μέγα, ἢ οὐκ αἰσχρὸν ἢ οὐκ ἔχον μέγεθος· περὶ γὰρ τοιούτων ἡ ἀμφισβήτησις, ὥσπερ Ἰφικράτης πρὸς Ναυσικράτην· ἔφη γὰρ ποιῆσαι ὃ ἔλεγεν καὶ βλάψαι, ἀλλʼ οὐκ ἀδικεῖν.
Another topic is to meet the points in dispute, either by showing that the fact is not so, or that it is not harmful, or not to this person, or not so great, or not unjust, or not important, or not disgraceful, or having no magnitude; for it is about such things that the dispute turns, as Iphicrates did against Nausicrates; for he said that he did what the other alleged and caused harm, but did no wrong.
ἢ ἀντικαταλλάττεσθαι ἀδικοῦντα, εἰ βλαβερόν, ἀλλʼ οὖν καλόν, εἰ λυπηρόν, ἀλλʼ ὠφέλιμον, ἤ τι ἄλλο τοιοῦτον.
Or to exchange it, even if one does wrong and causes harm, for its being noble, or if painful, beneficial, or something else of that sort.
§3.15.3ἄλλος τόπος ὡς ἐστὶν ἁμάρτημα ἢ ἀτύχημα ἢ ἀναγκαῖον, οἷον Σοφοκλῆς ἔφη τρέμειν οὐχ ὡς ὁ διαβάλλων ἔφη, ἵνα δοκῇ γέρων, ἀλλʼ ἐξ ἀνάγκης· οὐ γὰρ ἑκόντι εἶναι αὑτῷ ἔτη ὀγδοήκοντα.
Another topic is to show that it is an error, a misfortune, or a necessity, as Sophocles said that he trembled not as his accuser said, in order to seem old, but from necessity; for it was not of his own free will that he was eighty years old.
καὶ ἀντικαταλλάττεσθαι τὸ οὗ ἕνεκα, ὅτι οὐ βλάψαι ἐβούλετο ἀλλὰ τόδε, καὶ οὐ τοῦτο ὃ διεβάλλετο ποιῆσαι, συνέβη δὲ βλαβῆναι· δίκαιον δὲ μισεῖν, εἰ ὅπως τοῦτο γένηται ἐποίουν. §3.15.4ἄλλος, εἰ ἐμπεριείληπται ὁ διαβάλλων, ἢ νῦν ἢ πρότερον, ἢ αὐτὸς ἢ τῶν ἐγγύς τις.
And to exchange the purpose, arguing that he did not wish to harm but to do this, and did not do what he was accused of doing, but the harm happened to result; "and it is just to hate me, if I acted so that this might happen." Another topic is if the accuser is involved in the matter, either now or formerly, either himself or one of those near to him.
§3.15.5ἄλλος, εἰ ἄλλοι ἐμπεριλαμβάνονται οὓς ὁμολογοῦσιν μὴ ἐνόχους εἶναι τῇ διαβολῇ, οἷον εἰ, ὅτι καθάριος, ὁ δεῖνα μοιχός, καὶ ὁ δεῖνα ἄρα.
Another topic is if others are included who are admitted to be not guilty of the charge, as, for instance, if so-and-so is an adulterer because he is clean-shaven, then so-and-so must be one too.
§3.15.6ἄλλος, εἰ ἄλλους διέβαλεν ἢ ἄλλος ἢ αὐτός, ἢ ἄνευ διαβολῆς ὑπελαμβάνοντο ὥσπερ αὐτὸς νῦν, οἳ πεφήνασιν οὐκ ἔνοχοι.
Another topic is if the accuser or someone else has prejudiced others before, or if, without direct prejudice, others were suspected just as the accused is now, and have been shown to be not guilty.
§3.15.7ἄλλος ἐκ τοῦ ἀντιδιαβάλλειν τὸν διαβάλλοντα· ἄτοπον γὰρ εἰ ὃς αὐτὸς ἄπιστος, οἱ τούτου λόγοι ἔσονται πιστοί.
Another topic is to counter-accuse the accuser; for it is absurd if he who is himself untrustworthy should have his words believed.
§3.15.8ἄλλος, εἰ γέγονεν κρίσις, ὥσπερ Εὐριπίδης πρὸς Ὑγιαίνοντα ἐν τῇ ἀντιδόσει κατηγοροῦντα ὡς ἀσεβής, ὅς γʼ ἐποίησε κελεύων ἐπιορκεῖν,
"
ἡ γλῶσσʼ ὀμώμοχʼ, ἡ δὲ φρὴν ἀνώμοτος. "
ἔφη γὰρ αὐτὸν ἀδικεῖν τὰς ἐκ τοῦ Διονυσιακοῦ ἀγῶνος κρίσεις εἰς τὰ δικαστήρια ἄγοντα· ἐκεῖ γὰρ αὐτῶν δεδωκέναι λόγον, ἢ δώσειν εἰ βούλεται κατηγορεῖν.
Another topic is if a decision has already been given, as Euripides did against Hygiainon in the suit for exchange of property, when the latter accused him of impiety for having written a line encouraging perjury: "My tongue has sworn, but my mind remains unsworn." For Euripides said that Hygiainon did wrong in bringing the decisions of the Dionysiac contest into the law courts; for there he had already given an account of them, or would do so if the other wished to accuse him.
§3.15.9ἄλλος ἐκ τοῦ διαβολῆς κατηγορεῖν, ἡλίκον, καὶ τοῦτο, ὅτι ἄλλας κρίσεις ποιεῖ, καὶ ὅτι οὐ πιστεύει τῷ πράγματι.
Another topic is to accuse the prejudice itself, showing how great an evil it is, and this also, that it creates other issues, and that it does not trust the facts.
κοινὸς δʼ ἀμφοῖν τόπος τὸ σύμβολα λέγειν, οἷον ἐν τῷ Τεύκρῳ ὁ Ὀδυσσεὺς ὅτι οἰκεῖος τῷ Πριάμῳ· ἡ γὰρ Ἡσιόνη ἀδελφή· ὁ δὲ ὅτι ὁ πατὴρ ἐχθρὸς τῷ Πριάμῳ, ὁ Τελαμών, καὶ ὅτι οὐ κατεῖπε τῶν κατασκόπων.
A topic common to both sides is to mention signs, as in the Teucer Odysseus says that Teucer is related to Priam, for Hesione was his sister; while Teucer says that his father Telamon was an enemy of Priam, and that he did not betray the spies.
§3.15.10ἄλλος τῷ διαβάλλοντι, τὸ ἐπαινοῦντα μικρὸν μακρῶς ψέξαι μέγα συντόμως, ἢ πολλὰ ἀγαθὰ προθέντα, ὃ εἰς τὸ πρᾶγμα προφέρει ἓν ψέξαι.
Another topic for the accuser is to praise some small thing at great length and censure some great thing briefly, or having put forward many good things, to censure one bad thing which is of direct relevance to the case.
τοιοῦτοι δὲ οἱ τεχνικώτατοι καὶ ἀδικώτατοι· τοῖς ἀγαθοῖς γὰρ βλάπτειν πειρῶνται, μιγνύντες αὐτὰ τῷ κακῷ.
Such men are the most artful and unjust; for they try to cause harm by means of good things, mixing them with what is bad.
κοινὸν δὲ τῷ διαβάλλοντι καὶ τῷ ἀπολυομένῳ, ἐπειδὴ τὸ αὐτὸ ἐνδέχεται πλειόνων ἕνεκα πραχθῆναι, τῷ μὲν διαβάλλοντι κακοηθιστέον ἐπὶ τὸ χεῖρον ἐκλαμβάνοντι, τῷ δὲ ἀπολυομένῳ ἐπὶ τὸ βέλτιον, οἷον ὅτι ὁ Διομήδης τὸν Ὀδυσσέα προείλετο, τῷ μὲν ὅτι διὰ τὸ ἄριστον ὑπολαμβάνειν τὸν Ὀδυσσέα, τῷ δʼ ὅτι οὕ, ἀλλὰ διὰ τὸ μόνον μὴ ἀνταγωνιστεῖν ὡς φαῦλον.
A topic common to both the accuser and the defender is that, since the same action can be done for several reasons, the accuser must interpret it in the worse sense, taking it in a malicious way, while the defender must interpret it in the better sense. For instance, when Diomedes chose Odysseus, the one says it was because he considered Odysseus the best, and the other that it was not so, but because he was the only one who would not compete with him, being mediocre.