3. New Testament, Hebrews, 12.14-12.17, 13.1-13.25 (1st cent. CE - 1st cent. CE)
| 12.14. Follow after peace with all men, and the sanctification without which no man will see the Lord 12.15. looking carefully lest there be any man who falls short of the grace of God; lest any root of bitterness springing up trouble you, and thereby the many be defiled; 12.16. lest there be any sexually immoral person, or profane person, as Esau, who sold his birthright for one meal. 12.17. For you know that even when he afterward desired to inherit the blessing, he was rejected, for he found no place for a change of mind though he sought it diligently with tears. 13.1. Let brotherly love continue. 13.2. Don't forget to show hospitality to strangers, for in doing so, some have entertained angels without knowing it. 13.3. Remember those who are in bonds, as bound with them; and those who are ill-treated, since you are also in the body. 13.4. Let marriage be held in honor among all, and let the bed be undefiled: but God will judge the sexually immoral and adulterers. 13.5. Be free from the love of money, content with such things as you have, for he has said, "I will in no way leave you, neither will I in any way forsake you. 13.6. So that with good courage we say, "The Lord is my helper. I will not fear. What can man do to me? 13.7. Remember your leaders, men who spoke to you the word of God, and considering the results of their conduct, imitate their faith. 13.8. Jesus Christ is the same yesterday, today, and forever. 13.9. Don't be carried away by various and strange teachings, for it is good that the heart be established by grace, not by food, through which those who were so occupied were not benefited. 13.10. We have an altar from which those who serve the holy tabernacle have no right to eat. 13.11. For the bodies of those animals, whose blood is brought into the holy place by the high priest as an offering for sin, are burned outside of the camp. 13.12. Therefore Jesus also, that he might sanctify the people through his own blood, suffered outside of the gate. 13.13. Let us therefore go forth to him outside of the camp, bearing his reproach. 13.14. For we don't have here an enduring city, but we seek that which is to come. 13.15. Through him, then, let us offer up a sacrifice of praise to God continually, that is, the fruit of lips which make confession to his name. 13.16. But don't forget to be doing good and sharing, for with such sacrifices God is well pleased. 13.17. Obey your leaders and submit to them, for they watch on behalf of your souls, as those who will give account, that they may do this with joy, and not with groaning, for that would be unprofitable for you. 13.18. Pray for us, for we are persuaded that we have a good conscience, desiring to live honorably in all things. 13.19. I strongly urge you to do this, that I may be restored to you sooner. 13.20. Now may the God of peace, who brought again from the dead the great shepherd of the sheep with the blood of an eternal covet, our Lord Jesus 13.21. make you complete in every good work to do his will, working in you that which is well pleasing in his sight, through Jesus Christ, to whom be the glory forever and ever. Amen. 13.22. But I exhort you, brothers, endure the word of exhortation, for I have written to you in few words. 13.23. Know that our brother Timothy has been freed, with whom, if he comes shortly, I will see you. 13.24. Greet all of your leaders and all the saints. The Italians greet you. 13.25. Grace be with you all. Amen. |
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4. Quintilian, Institutes of Oratory, 6.1.9-6.1.10, 6.1.12-6.1.26, 6.1.28-6.1.35, 6.1.44, 6.1.50, 6.2.1 (1st cent. CE - 1st cent. CE)
| 6.1.9. Both parties as a general rule may likewise employ the appeal to the emotions, but they will appeal to different emotions and the defender will employ such appeals with greater frequency and fulness. For the accuser has to rouse the judge, while the defender has to soften him. Still even the accuser will sometimes make his audience weep by the pity excited for the man whose wrongs he seeks to avenge, while the defendant will at times develop no small vehemence when he complains of the injustice of the calumny or conspiracy of which he is the victim. It will therefore be best to treat this duties separately: as I have already said, they are much the same in the peroration as in the exordium, but are freer and wider in scope in the former. 6.1.10. For our attempts to sway the judges are made more sparingly at the commencement of the speech, when it is enough that such an attempt should gain admittance and we have the whole speech before us. On the other hand in the peroration we have to consider what the feelings of the judge will be when he retires to consider his verdict, for we shall have no further opportunity to say anything and cannot any longer reserve arguments to be produced later. 6.1.12. But it will be safer to discuss these considerations in detail. The points likely to commend the accuser to the judge have already been stated in my remarks on the exordium. There are however certain things which require fuller treatment in the peroration than in the exordium, where it is sufficient merely to outline them. This fuller treatment is specially required if the accused be a man of violent, unpopular or dangerous character or if the condemnation of the accused is likely to cover the judges with glory or his acquittal with disgrace. 6.1.13. Calvus for example in his speech against Vatinius makes an admirable remark: "You know, gentlemen, that bribery has been committed and everybody knows that you know it." Cicero again in the Verrines says that the ill-name acquired by the courts may be effaced by the condemnation of Verres, a statement that comes under the head of the conciliatory methods mentioned above. The appeal to fear also, if it is necessary to employ it to produce a like effect, occupies a more prominent place in the peroration than in the exordium, but I have expressed my views on this subject in an earlier book. 6.1.14. The peroration also provides freer opportunities for exciting the passions of jealousy, hatred or anger. As regards the circumstances likely to excite such feelings in the judge, jealousy will be produced by the influence of the accused, hatred by the disgraceful nature of his conduct, and anger by his disrespectful attitude to the court, if, for instance, he be contumacious, arrogant or studiously indifferent: such anger may be aroused not merely by specific acts or words, but by his looks, bearing and manner. In this connexion the remark made by the accuser of Cossutianus Capito in my young days was regarded with great approval: the words used were Greek, but may be translated thus:â "You blush to fear even Caesar. 6.1.15. The best way however for the accuser to excite the feelings of the judge is to make the charge which he brings against the accused seem as atrocious or, if feasible, as deplorable as possible. Its atrocity may be enhanced by considerations of the nature of the act, the position of its author or the victim, the purpose, time, place and manner of the act: all of which may be treated with infinite variety. 6.1.16. Suppose that we are complaining that our client has been beaten. We must first speak of the act itself; we shall then proceed to point out that the victim was an old man, a child, a magistrate, an honest man or a benefactor to the state; we shall also point out that the assailant was a worthless and contemptible fellow, or (to take the opposite case) was in a position of excessive power or was the last man who should have given the blow, or again that the occasion was a solemn festival, or that the act was committed at a time when such crimes were punished with special severity by the courts or when public order was at a dangerously low ebb. Again the hatred excited by the act will be enhanced if it was committed in the theatre, in a temple, or at a public assembly 6.1.17. and if the blow was given not in mistake or in a moment of passion or, if it was the result of passion which was quite unjustifiable, being due to the fact that the victim had gone to the assistance of his father or had made some reply or was a candidate for the same office as his assailant; or finally we may hint that he wished to inflict more serious injury than he succeeded in inflicting. But it is the manner of the act that contributes most to the impression of its atrocity, if, for example, the blow was violent or insulting: thus Demosthenes seeks to excite hatred against Midias by emphasising the position of the blow, the attitude of the assailant and the expression of his face. 6.1.18. It is in this connexion that we shall have to consider whether a man was killed by sword or fire or poison, by one wound or several, and whether he was slain on the spot or tortured by being kept in suspense. The accuser will also frequently attempt to excite pity by complaining of the fate of the man whom he is seeking to avenge or of the desolation which has fallen upon his children or parents. 6.1.19. The judges may also be moved by drawing a picture of the future, of the fate which awaits those who have complained of violence and wrong, if they fail to secure justice. They must go into exile, give up their property or endure to the end whatever their enemy may choose to inflict upon them. 6.1.20. But it will more frequently be the duty of the accuser to divert the judge from all the temptations to pity which the accused will place before him, and to incite him to give a strong and dispassionate verdict. It will also be his duty in this connexion to forestall the arguments and actions to which his opponent seems likely to have recourse. For it makes the judge more cautious in observing the sanctity of his oath and destroys the influence of those who are going to reply to us when the arguments used by the defence have already been dealt with by the prosecution, since they lose their novelty. An instance of this will be found in the speech of Messala against Aufidia, where he warns Servius Sulpicius not to talk about the peril which threatens the signatories to the document and the defendant herself. Again Aeschines foretells the line of defence which Demosthenes will pursue. There are also occasions when the judges should be told what answer they should make to requests on behalf of the accused, a proceeding which is a form of recapitulation. 6.1.21. If we turn to the defendant, we must note that his worth, his manly pursuits, the scars from wounds received in battle, his rank and the services rendered by his ancestors, will all commend him to the goodwill of the judges. Cicero, as I have arrival pointed out, and Asinius both make use of this form of appeal: indeed they may almost be regarded as rivals in this respect, since Cicero employed it when defending the elder Scaurus, Asinius when defending the son. 6.1.22. Again, the cause which has brought the accused into peril may serve to produce the same effect, if, for example, it appears that he has incurred enmity on account of some honourable action: above all his goodness, humanity or pity may be emphasised with this end in view. For it adds to the apparent justice of his claim, if all that he asks of the judge is that he should grant to him what he himself has granted to others. We may also in this connexion lay stress on the interests of the state, the glory which will accrue to the judges, the importance of the precedent which their verdict will set and the place it will hold in the memory of after generations. 6.1.23. But the appeal which will carry most weight is its appeal to pity, which not merely forces the judge to change his views, but even to betray his emotions by tears. Such appeals to pity will be based either on the previous or present sufferings of the accused, or on those which await him if condemned. And the force of our appeal will be doubled if we contrast the fortune which he now enjoys with that to which he will be reduced, if he fail. 6.1.24. In this connexion great play may be made by reference to the age and sex of the accused, or to his nearest and dearest, that is, his children, parents and kindred, all of which topics are treated in different ways. Sometimes the advocate himself may even assume the role of close intimacy with his client, as Cicero does in the pro Milone, where he cries: "Alas, unhappy that I am! Alas, my unfortunate friend! You succeeded by the agency of those who are now your judges in recalling me to my native land, and cannot I through the same agency retain you in yours?" Such a method is especially serviceable when, as was the case with Milo, entreaty is not in keeping with the character of the accused. 6.1.25. Who would have endured to hear Milo pleading for his life, when he admitted that he had killed a man of noble birth because it was his duty to do so? Consequently Cicero sought to win the judges' goodwill for Milo by emphasising the staunchness of his character, and himself assumed the role of suppliant. Impersonation may also be employed with profit in such passages, and by impersonations I mean fictitious speeches supposed to be uttered, such as an advocate puts into the mouth of his client. The bare facts are no doubt moving in themselves; but when we pretend that the persons concerned themselves are speaking, the personal note adds to the emotional effect. 6.1.26. For then the judge seems no longer to be listening to a voice bewailing another's ills, but to hear the voice and feelings of the unhappy victims, men whose appearance alone would call forth his tears even though they uttered never a word. And as their plea would awaken yet greater pity if they urged it with their own lips, so it is rendered to some extent all the more effective when it is, as it were, put into their mouth by their advocate: we may draw a parallel from the stage, where the actor's voice and delivery produce greater emotional effect when he is speaking in an assumed role than when he speaks in his own character. 6.1.28. Time assuages even genuine grief, and it is therefore inevitable that the semblance of grief portrayed in our speech should vanish yet more rapidly. And if we spend too much time over such portrayal our hearer grows weary of his tears, and returns once more to the rational attitude from which he has been distracted by the impulse of the moment. 6.1.29. We must not, therefore, allow the effect which we have produced to fall flat, and must consequently abandon our appeal to the emotion just when that emotion is at its height, nor must we expect anyone to weep for long over another's illness. For this reason our eloquence ought to be pitched higher in this portion of our speech than in any other, since, wherever it fails to add something to what has preceded, it seems even to diminish its previous effect, while a diminuendo is merely a step towards the rapid disappearance of the emotion. 6.1.30. Actions as well as words may be employed to move the court to tears. Hence the custom of bringing accused persons into court wearing squalid and unkempt attire, and of introducing their children and parents, and it is with this in view that we see blood-stained swords, fragments of bone taken from the wound, and garments spotted with blood, displayed by the accusers, wounds stripped of their dressings, and scourged bodies bared to view. 6.1.31. The impression produced by such exhibitions is generally enormous, since they seem to bring the spectators face to face with the cruel facts. For example, the sight of the bloodstains on the purple-bordered toga of Gaius Caesar, which was carried at the head of his funeral procession, aroused the Roman people to fury. They knew he had been killed; they had even seen his body stretched upon the bier: but his garment, still wet with his blood, brought such a vivid image of the crime before their minds, that Caesar seemed not to have been murdered, but to be being murdered before their very eyes. 6.1.32. Still I would not for this reason go so far as to approve a practice of which I have read, and which indeed I have occasionally witnessed, of bringing into court a picture of the crime painted on wood or canvas, that the judge might be stirred to fury by the horror of the sight. For the pleader who prefers a voiceless picture to speak for him in place of his own eloquence must be singularly incompetent. 6.1.33. On the other hand, I know that the wearing of mourning and the presentation of an unkempt appearance, and the introduction of relatives similarly arrayed, has proved of value, and that entreaties have been of great service to save the accused from condemnation. The practice therefore of appealing to the judges by all that is near and dear to them will be of great service to the accused, especially if he, too, has children, a wife and parents. 6.1.34. Invocation of the gods, again, usually gives the impression that the speaker is conscious of the justice of his cause, while it may produce a good effect if the accused throws himself on the ground and embraces the knees of the judges, unless his character, his past life and station prohibit a resort to this device: for there are some acts which require to be defended with no less boldness than was required for their commission. But we must take care not to carry matters with too high a hand, for fear of creating a bad impression by an appearance of over-confidence. 6.1.35. The most effective of all such methods was in times past that by which more than anything else Cicero is considered to have saved Lucius Murena from the attacks of his accusers, who were men of the greatest distinction. For he persuaded the court that nothing was more necessary in view of the critical position of affairs than that Murena should assume the consulship on the thirty-first of December. This form of appeal is now, however, almost entirely obsolete, since the safety of the state is toâday dependent on the watchful care of a single ruler, and cannot conceivably be imperilled by the result of a trial. 6.1.44. There is one point which it is specially important to remember, that we should never attempt to move our audience to tears without drawing on all the resources of our eloquence. For while this form of emotional appeal is the most effective of all, when successful, its failure results in anti-climax, and if the pleader is a feeble speaker he would have been wiser to leave the pathos of the situation to the imagination of the judges. 6.1.50. There are also milder kinds of peroration in which, if our opponent is of such a character that he deserves to be treated with respect, we strive to ingratiate ourselves with him or give him some friendly warning or urge him to regard us as his friends. This method was admirably employed by Passienus when he pleaded in a suit brought by his wife Domitia against her brother Ahenobarbus for the recovery of a sum of money: he began by making a number of remarks about the relationship of the two parties and then, referring to their wealth, which was in both cases enormous, added, "There is nothing either of you need less than the subject of this dispute. 6.2.1. The peroration is the most important part of forensic pleading, and in the main consists of appeals to the emotions, concerning which I have consequently been forced to say something. But I have not yet been able to give the topic specific consideration as a whole, nor should I have been justified in doing so. We have still, therefore, to discuss a task which forms the most powerful means of obtaining what we desire, and is also more difficult than any of those which we have previously considered, namely that of stirring the emotions of the judges, and of moulding and transforming them to the attitude which we desire. |
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