Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
Definition also belongs to both classes of question, namely those concerned with the consideration of facts and those concerned with the letter of the law. All these questions, although they come under the three bases, yet since, as I have mentioned, [*](§ 87.) they have certain characteristic features of their own, require to be pointed out to learners; and we must allow them to be called legal bases or questions or minor heads, as long as it is clearly understood that none of them involve any other questions than the three I have mentioned. [*](§ 80.)
As regards questions of quantity, number, relation, and, as some have thought, comparison, the
But I will speak of individual questions when I come to handle the rules for division. [*](Book VII.) This much is agreed to by all writers, that one cause possesses one basis, but that as regards secondary questions related to the main issue of the trial, there may frequently be a number in one single cause.
I also think there is at times some doubt as to which basis should be adopted, when many different lines of defence are brought to meet a single charge; and, just as in regard to the complexion to be given to the statement of the facts of the case, that complexion is said to be the best which the speaker can best maintain, so in the present connexion I may say that the best basis to choose is that which will permit the orator to develop a maximum of force.