§4.2.110non modo ad bellom sed ne ad minimam quidem suspicionem belli.
not only for war, but not even for the slightest suspicion of war.
Et cum esset indicaturo satis, Q. Ligarius nullo se implicari negotio passus est, adiecit, domum spectans, ad suos redire cupiens.
And although it would have been enough for one who was merely going to state the facts (to say): "Quintus Ligarius allowed himself to be involved in no business", he added, "looking toward home, desiring to return to his own folk".
ita quod exponebat, et ratione fecit credibile et adfectu quoque implevit.
In this way, what he was stating, he both made credible by reason and filled with emotion also.
§4.2.111quo magis miror eos, qui non putant utendum in narratione adfectibus.
On which account I wonder the more at those who do not think that emotions should be used in the statement of facts.
qui si hoc dicunt, non diu neque ut in epilogo, mecum sentiunt; effugiendae sunt enim morae.
If they say this: "not for a long time, nor as in the epilogue", they agree with me; for delays must be avoided.
ceterum cur ego iudicem nolim, dum eum doceo, etiam movere?
But why should I be unwilling, while I am instructing the judge, also to move him?
§4.2.112cur, quod in summa parte sum actionis petiturus, non in primo statim rerum ingressu, si fieri potest, consequar? cum praesertim etiam in probationibus faciliorem sim animum eius habiturus occupatum vel ira vel miseratione.
Why should I not, if it can be done, attain at the very first entry of things that which I am going to ask for in the final part of the speech? especially since I shall have his mind more favorable during the proofs, once it has been occupied either by anger or by pity.
§4.2.113an non M. Tullius circa verbera civis Romani omnis brevissime movet adfectus, non solum condicione ipsius, loco iniuriae, genere verberum, sed animi quoque commendatione? summum enim virum ostendit qui, cum virgis caederetur, non ingemuerit, non rogaverit, sed tantum ciuem Romanum esse se cum invidia caedentis et fiducia iuris clamaverit.
Or does not Marcus Tullius, concerning the scourging of a Roman citizen, arouse all emotions very briefly, not only by the condition of the man himself, the place of the injury, and the type of scourging, but also by the recommendation of his mind? For he shows him to be a most noble man, who, when he was being beaten with rods, did not groan, did not beg, but only cried out that he was a Roman citizen, with the odium of the scourger and confidence in the law.
§4.2.114quid? Philodami casum nonne cum per totam expositionem incendit invidia, tum in supplicio ipso lacrimis implevit, cum flentes non tam narraret quam ostenderet patrem de morte filii, filium de patris?
What? Did he not, in the case of Philodamus, both inflame it with odium throughout the whole statement, and then in the punishment itself fill it with tears, when he did not so much narrate as show them weeping—the father over the death of the son, and the son over that of the father?
§4.2.115quid ulli epilogi possunt magis habere miserabile? serum est enim advocare iis rebus adfectum in peroratione, quas securus narraveris; adsuevit illis iudex iamque eas sine motu mentis accipit, quibus commotus novis non est, et difficile est mutare animi habitum semel constitutum.
What can any epilogues have that is more pitiable? For it is too late to summon emotion in the peroration for those things which you have narrated with indifference; the judge has become accustomed to them, and now receives without movement of mind those things by which, when they were new, he was not moved, and it is difficult to change a disposition of mind once established.
§4.2.116ego vero (neque enim dissimulabo iudicium meum, quamquam id, quod sum dicturus, exemplis magis quam praeceptis ullis continetur) narrationem, ut si ullam partem orationis, omni qua potest gratia et venere exornandam puto.
Indeed, I (for I will not conceal my judgment, although that which I am about to say is contained more in examples than in any precepts) think that the statement of facts, as much as any part of the speech, should be adorned with all the grace and charm it can have.
sed plurimum refert, quae sit natura eius rei quam exponimus.
But it matters very much what the nature is of that thing which we are stating.
§4.2.117in parvis ergo, quales sunt fere privatae, sit ille presses et velut applicitus rei cultus, in verbis summa diligentia; quae in locis impetu feruntur et circumiectae orationis copia latent, hic expressa et, ut vult Zeno, sensu tincta esse debebunt; compositio dissimulata quidem sed tamen quam iucundissima; §4.2.118figurae non illae poeticae et contra rationem loquendi auctoritate veterum receptae (nam debet esse quam purissimus sermo), sed quae varietate taedium effugiant et mutationibus animum levent, ne in eundem casum similem compositionem, pares elocutionum tractus incidamus.
Therefore, in small matters, of which kind private cases generally are, let that adornment be restrained and as it were fitted to the subject, with the greatest care in words; those things which in other passages are carried along by force and lie hidden in the abundance of the surrounding speech, must here be distinct and, as Zeno wishes, "dyed with feeling"; the composition indeed concealed, but yet as pleasant as possible; figures not those poetic ones and accepted against the rule of speaking by the authority of the ancients (for the language ought to be as pure as possible), but those which by variety escape weariness and relieve the mind by changes, lest we fall into the same case, a similar composition, or equal stretches of expressions.
caret enim ceteris lenociniis expositio et, nisi commendetur hac venustate, iaceat necesse est.
For the statement of facts lacks other allurements, and, unless it is recommended by this charm, it must of necessity lie flat.
§4.2.119nec in ulla parte intentior est index, eoque nihil recte dictum perit.
Nor in any other part is the judge more attentive, and therefore nothing rightly said is lost.
praeterea nescio quomodo etiam credit facilius, quae audienti iucunda sunt, et voluptate ad fidem ducitur.
Besides, somehow or other, he also believes more easily what is pleasant to the listener, and is led by pleasure to belief.
§4.2.120ubi vero maior res erit, et atrocia invidiose et tristia miserabiliter dicere licebit, non ut consumantur adfectus, sed ut tamen velut primis lineis designentur, ut plane, qualis futura sit imago rei, statim appareat.
But when the matter is greater, it will be permitted to speak of atrocious things with indignation, and sad things with pity; not so that the emotions are exhausted, but so that they are nevertheless sketched as if with the first lines, so that it clearly appears at once what the image of the thing is going to be.
§4.2.121ne sententia quidem velut fatigatum intentione stomachum iudicis reficere dissuaserim, maxime quidem brevi interiectione, qualis est illa, fecerunt servi Milonis, quod suos quisque servos in tali re facere voluisset, interim paulo liberiore, qualis est illa, nubit genero socrus, nullis auspicibus, nullis auctoribus,
Nor indeed would I advise against refreshing with a maxim the stomach of the judge, as if fatigued by attention, especially indeed with a brief interjection, such as that: "The slaves of Milo did what everyone would have wished his own slaves to do in such a case", sometimes with a slightly freer one, such as: "The mother-in-law marries her son-in-law, with no auspices, with no sponsors".