§12.9.11atqui etiam in advocatos partis adversae libenter nonnulli invehuntur; quod, nisi si forte meruerunt, et inhumanum est respectu communium officiorum, et cum ipsi qui dicit inutile (nam idem iuris responsuris datur), tum causae contrarium, cui plane adversarii fiunt et inimici, et quantulumcunque eis uirium est, contumelia augetur.
But indeed, some people gladly rail against the advocates of the opposing party; which, unless by chance they have deserved it, is both inhuman with respect to common duties, and useless to the one who speaks (for the same right is given to those who will reply), as well as contrary to the cause, to which they clearly become adversaries and enemies, and however little strength they have, it is increased by the insult.
§12.9.12super omnia perit illa, quae plurimum oratori et auctoritatis et fidei adfert, modestia, si a viro bono in rabulam latratoremque convertitur, compositus non ad animum iudicis sed ad stomachum litigatoris.
Above all, that modesty, which brings the most authority and trust to the orator, perishes, if he is turned from a good man into a noisy advocate and a barker, adapted not to the mind of the judge but to the stomach of the litigant.
§12.9.13frequenter etiam species libertatis deducere ad temeritatem solet non causis modo, sed ipsis quoque, qui dixerunt, periculosam.
Frequently also the appearance of liberty is accustomed to lead to rashness, dangerous not only to causes but also to those themselves who have spoken.
Nec immerito Pericles solebat optare, ne quod sibi verbum in mentem veniret, quo populus offenderetur.
And not without reason did Pericles use to wish that no word might come into his mind by which the people would be offended.
sed quod ille de populo, id ego de omnibus sentio, qui tantundem possunt nocere.
But what he felt concerning the people, I feel concerning all who have just as much power to harm.
nam quae fortia dum dicuntur videbantur, stulta cum laeserunt vocantur.
For things which seemed brave while they were being spoken, are called foolish when they have caused harm.
§12.9.14nunc, quia varium fere propositum agentium fuit, et quorundam cura tarditatis, quorundam facilitas temeritatis crimine laboravit, quem credam fore in hoc oratoris modum, tradere non alienum videtur.
Now, because the purpose of those who plead has been generally diverse, and the diligence of some has suffered from the charge of slowness, while the readiness of others has suffered from the charge of rashness, it seems not foreign to set down what I believe will be the limit of the orator in this matter.
§12.9.15adferet ad dicendum curae semper quantum plurimum poterit.
He will always bring as much diligence to speaking as he possibly can.
neque enim hoc solum negligentis, sed mali et in suscepta causa perfidi ac proditoris est, peius agere quam possit.
For indeed, to plead worse than he can is not only the part of a negligent person, but of a bad man, and of one faithless and a traitor in the cause he has undertaken.
ideoque ne suscipiendae quidem sunt causae plures quam quibus suffecturum se sciat.
And therefore not even more causes are to be undertaken than those for which he knows he will be sufficient.
§12.9.16dicet scripta quam res patietur plurima et, ut Demosthenes ait, si continget, et sculpta.
He will speak as many written things as the circumstances permit and, as Demosthenes says, if it should happen, even engraved things.
sed hoc aut primae actiones aut quae in publicis iudiciis post interiectos dies dantur permiserint; at cum protinus respondendum est, omnia parari non possunt, adeo ut paulo minus promptis etiam noceat scripsisse, si alia ex diverso, quam opinati fuerint, occurrerint.
But this either the first pleadings or those which are given in public trials after days have intervened will have allowed; but when one must reply immediately, all things cannot be prepared, so that to write is even harmful to those who are a little less prompt, if other things should occur from the opposite side than they had expected.
§12.9.17inviti enim recedunt a praeparatis et tota actione respiciunt requiruntque, num aliquid ex illis intervelli atque ex tempore dicendis inseri possit; quod si fiat, non cohaeret nec commissuris modo, ut in opere male iuncto, hiantibus sed ipsa coloris inaequalitate detegitur.
For they reluctantly depart from what has been prepared, and during the whole pleading they look back and inquire whether something can be torn away from those things and inserted into what must be spoken on the spur of the moment; which if it should happen, it does not cohere, and not only do the joints gape, as in a badly joined work, but it is detected by the very inequality of the tone.
§12.9.18ita nec liber est impetus nec cura contexta, et utrumque alteri obstat; illa enim quae scripta sunt reticent animum, non sequuntur.
Thus neither is the impulse free nor is the diligence woven together, and each stands in the way of the other; for those things which have been written restrain the mind and do not follow.
itaque in his actionibus omni, ut agricolae dicunt, pede standum est.
Therefore in these pleadings, as the farmers say, one must stand on every foot.
§12.9.19nam cum in propositione ac refutatione causa consistat, quae nostrae partis sunt scripta esse possunt, quae etiam responsurum adversarium certum est (est enim aliquando certum) pari cura refelluntur.
For since the cause consists in proposition and refutation, those things which are on our side can be written, and those which it is certain the adversary will reply (for sometimes it is certain) are refuted with equal diligence.
ad alia unum paratum adferre possumus, ut causam bene noverimus, alterum ibi sumere, ut dicentem adversarium diligenter audiamus.
For other things we can bring one thing prepared, namely that we know the cause well, and take the other there, namely that we diligently listen to the adversary speaking.
§12.9.20licet tamen praecogitare plura et animum ad omnes casus componere, idque est tutius stilo, quo facilius et omittitur cogitatio et transfertur.
Yet it is permitted to premeditate more things and to compose the mind for all cases, and this is safer than with a pen, by which the thought is more easily both omitted and transferred.
sed sive in respondendo fuerit subito dicendum, sive quae alia ita exegerit ratio, non oppressum se ac deprehensum credet orator, cui disciplina et studium et exercitatio dederit vires etiam facilitatis; §12.9.21quem armatum semper ac velut in procinctu stantem non magis unquam in causis oratio quam in rebus cotidianis ac domesticis sermo deficiet, nec se unquam propter hoc oneri subtrahet, modo sit causae discendae tempus; nam cetera semper sciet.
But whether in replying it must be spoken suddenly, or whether any other reason should so demand, the orator, to whom discipline, study, and practice have given strength even of readiness, will not believe himself to be overwhelmed and caught off guard; whom, always armed and standing as if in battle array, speech will never fail in causes any more than conversation in daily and domestic affairs, nor will he ever withdraw himself from the burden because of this, provided only there be time to learn the cause; for other things he will always know.