[70]
For just as he will not speak in the same way when
he is defending a client on a capital charge and
when he is speaking in a lawsuit concerned with an
inheritance, or discussing interdicts and suits taking
the form of a wager,1 or claims in connexion with
[p. 491]
loans, so too he will preserve a due distinction
between the speeches which he makes in the senate,
before the people and in private consultations, while
he will also introduce numerous modifications to
suit the different persons and circumstances of time
and place. Thus in one and the same speech he
will use one style for stirring the emotions, and
another to conciliate his hearers; it is from different
sources that he will derive anger or pity, and the
art which he employs in instructing the judge will
be other than that which he employs to move him.
1 cp. I. x. 5 and IV. ii. 61. Sponsio (= wager) was a form of lawsuit in which the litigant promised to pay a certain sum of money if he lost his case. The intrdiet was an order issued by the praetor commanding or prohibiting certain action.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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