Book 1
1.4
for the arousing of prejudice, compassion, anger, and similar emotions has no connection with the matter in hand, but is directed only to the dicast.His functions were a combination of those of the modern judge and juryman. The result would be that, if all trials were now carried on as they are in some States, especially those that are well administered, there would be nothing left for the rhetorician to say.
1.5
For all men either think that all the laws ought so to prescribe,That is, forbid speaking of matters that have nothing to do with the case. or in fact carry out the principle and forbid speaking outside the subject, as in the court of Areopagus, and in this they are right. For it is wrong to warp the dicast's feelings, to arouse him to anger, jealousy or compassion, which would be like making the rule crooked which one intended to use.
1.6
Further, it is evident that the only business of the litigant is to prove that the fact in question is or is not so, that it has happened or not; whether it is important or unimportant, just or unjust, in all cases in which the legislator has not laid down a ruling, is a matter for the dicast himself to decide; it is not the business of the litigants to instruct him.
