Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
Gaius Varenus, he who was killed by the slaves of Ancharius—I beg you, gentlemen, to give me your best attention at this point.Further if the case involves a number of different matters, each section must be prefaced with a short introduction, such as
Listen now to what follows,or
I now pass to the next point.Even in the proof there are many passages which perform the same function as an exordium, such as the passage in the pro Cluentio [*](xlii. 117.) where Cicero introduces an attack on the censors and in the pro Murena [*](iii. 7.) when he apologises to Servius. But the practice is too common to need illustration.
However on all occasions when we have employed the exordium, whether we intend to pass to the statement of facts or direct to the proof, our intention should be mentioned at the conclusion of the introduction, with the result that the transition to what follows will be smooth and easy.
There is indeed a pedantic and childish affectation in vogue in the schools of
But what necessity is there for an orator to gloss over his transitions or to attempt to deceive the judge, who requires on the contrary to be warned to give his attention to the sequence of the various portions of the speech? For instance the first part of our statement of the facts will be wasted, if the judge does not realise that we have reached that stage.
Therefore, although we should not be too abrupt in passing to our statement of facts, it is best to do nothing to conceal our transition. Indeed, if the statement of fact on which we are about to embark is somewhat long and complicated, we shall do well to prepare the judge for it, as Cicero often does, most notably in the following passage: [*](pro Cluent. iv. 11. )
The introduction to my exposition of this point will be rather longer than usual, but I beg you, gentlemen, not to take it ill. For if you get a firm grasp of the beginning, you will find it much easier to follow what comes last.This is practically all that I can find to say on the subject of the exordium.
II. It is a most natural and frequently necessary proceeding, that after preparing the mind of the judge in the manner described above we should indicate the nature of the subject on which he will have to give judgment: that is the statement of facts.
In dealing with this question I shall deliberately pass over the divisions made by certain writers, who make too many classes and err on the side of subtlety. For
Marcus Lollius Palicanus, a Picentine of humble birth, a man gifted with loquacity rather than eloquence) or of the place where an incident occurred (as in the sentence [*]( Cic. Verr. xxiv. 63. )
Lampsacus, gentlemen, is a town situated on the Hellespont), or of the time at which something occurred (as in the verse [*]( Verg. G. i. 43. )
or of the causes of an occurrence, such as the historians are so fond of setting forth, when they explain the origin of a war, a rebellion or a pestilence. Further they style some statements of fact
- In early spring, when on the mountains hoar
- The snows dissolve),
complete,and others
incomplete,a distinction which is self-evident. To this they add that our explanation may refer to the past (which is of course the commonest form), the present (for which compare Cicero's [*](pro Rosc. Am. xxii. 60. ) remarks about the excitement caused among the friends of Chrysogonus when his name was mentioned), or of the future (a form permissible only to prophets): for hypotyposis or picturesque description cannot be regarded as a statement of facts.
However let us pass to matters of more importance. The majority regard the statement of facts as being indispensable: but there are many considerations which show that this view is erroneous. In the first place there are some cases which are so brief, that they require only a brief summary rather than a full statement of the facts.