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Institutio Oratoria

Institutio Oratoria Quintilian

Book 12

1.40 In saying this I do not mean that we should be ready under any circumstances to defend our father, brother or friend when in peril (since I hold that we should be guided by stricter rules in such matters), although such contingencies may well cause us no little perplexity, when we have to decide between the rival claims of justice and natural affection. But let us put the problem beyond all question of doubt. Suppose a man to have plotted against a tyrant and to be accused of having done so. Which of the two will the orator, as defined by us, desire to save? And if he undertakes the defence of the accused, will he not employ falsehood with no less readiness than the advocate who is defending a bad case before a jury?
1.41 Again, suppose that the judge is likely to condemn acts which were rightly done, unless we can convince him that they were never done. Is not this another case where the orator will not shrink even from lies, if so he may save one who is not merely innocent, but a praiseworthy citizen? Again, suppose that we realise that certain acts are just in themselves, though prejudicial to the state under existing circumstances. Shall we not then employ methods of speaking which, despite the excellence of their intention, bear a close resemblance to fraud.

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