Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

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

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they demand an explanation dealing not only with the facts of the case which is before the court, but with the person involved (as in the sentence, [*](Sall. Hist. iv. 25. )

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. )

In early spring, when on the mountains hoar
The snows dissolve),

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

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.

This may apply to both parties to a suit, as for instance in cases where there is no necessity for explanation or where the facts are

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admitted and the whole question turns on a point of law, as it so often does in the centumviral court, as for example when we discuss, whether the heir of a woman who has died intestate should be her son or brother, or whether puberty is to be reckoned by age or by physical development. The same situation arises also in cases where the facts admit of full statement, but are well known to the judge or have been correctly set forth by a previous speaker.

Sometimes again the statement of facts can be dispensed with only by one party, who is generally the plaintiff, either because it is sufficient for him to make a simple summary of his case or because it is more expedient for him to do so. It may, for instance, suffice to say,

I claim repayment of a certain sum of money which was lent on certain conditions

I claim a legacy in accordance with the terms of the will.

It is for the other party to explain why these sums are not due to the plaintiff.

Again it is sometimes sufficient and expedient to summarise a case in one sentence such as

I say that Horatius killed his sister.

For the judge will understand the whole charge from this simple affirmation: the sequence of events and the motive for the deed will be matters for the defence to expound.