A Dialogue Concerning Oratory, or the Causes of Corrupt Eloquence: The Works of Cornelius Tacitus, Volume 8 (of 8); With an Essay on His Life and Genius, Notes, SupplementsTacitus, Cornelius
Philosophy
A Dialogue Concerning Oratory, or the Causes of Corrupt Eloquence: The Works of Cornelius Tacitus, Volume 8 (of 8); With an Essay on His Life and Genius, Notes, Supplements
Tacitus, Cornelius
Dialogues, Latin; Oratory, Ancient
[c] We read in Quintilian, that oral testimony, and depositions signed
by the witnesses, were both in use in his time. Written evidence, he
observes, was easily combated; because the witness who chose to speak
in the presence of a few who signed his attestation, might be guilty
of a violation of truth with greater confidence; and besides, not
being cited to speak, his being a volunteer in the cause was a
circumstance against him, since it shewed that he acted with ill-will
to the opposite party. With regard to the witness who gives his
testimony in open court, the advocate has more upon his hands: he must
press him with questions, and in a set speech observe upon his
evidence. He must also support his own witnesses, and, therefore, must
draw up two lines of battle. _Maximus patronis circa testimonia sudor
est. Ea dicuntur aut per tabulas, aut a præsentibus. Simplicior contra
tabulas pugna. Nam et minus obstitisse videtur pudor inter paucos
signatores, et pro diffidentiâ premitur absentia. Tacitâ præterea
quâdam significatione refragatur his omnibus, quod nemo per tabulas
dat testimonium, nisi suâ voluntate; quo ipso non esse amicum ei se,
contra quem dicit, fatetur. Cum præsentibus verò ingens dimicatio est:
ideoque velut duplici contra eos, proque his, acie confligitur,
actionum et interrogationum._ Quint. lib. v. cap. 7.
Section XXXVII.
[a] For an account of Mucianus, see section 7, note c [transcriber's
note: reference does not match]; also _the History_, b. ii. s. 5.
Suetonius relates that Vespasian, having undertaken to restore three
thousand brazen plates, which had perished in the conflagration of the
capital (see the _Hist. of Tacitus_, b. iii. s. 71), ordered a
diligent search to be made for copies, and thereby furnished the
government with a collection of curious and ancient records,
containing the decrees of the senate, acts of the commons, and
treaties of alliance, almost from the building of the city. Suetonius,
_Life of Vespasian_, s. 8. This, with the addition of speeches and
letters composed by men of eminence, was, most probably, the
collection published by Mucianus. We may be sure that it contained a
fund of information, and curious materials for history; but the whole
is unfortunately lost.
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