Book 9
2.95
It may even at times be found useful to pretend to misunderstand them; for which we may compare the well known story of the man who, when his opponent cried, Swear by the ashes of your father, See v. vi. 1. An oath might be taken by one of the parties as an alternative to evidence. In court such an oath might be taken only on the proposal of the defendant. The taking of such a proffered oath meant victory for the swearer. replied that he was ready to do so, whereupon the judge accepted the proposal, much to the indignation of the advocate, who protested that this would make the use of figures absolutely impossible; we may therefore lay it down as a general rule that such figures should only be used with the utmost caution.
2.96
There remains the third class of figure designed merely to enhance the elegance of our style, for which reason Cicero expresses the opinion that such figures are independent of the subject in dispute. As an illustration I may quote the figure which he uses in his speech Lost. An allusion presumably to the occasion when Clodius was found disguised as a woman at the mysteries of the Bona Dea. against Clodius: By these means he, being familiar with all our holy rites, thought that he might easily succeed in appeasing the gods.
