Institutio Oratoria

Quintilian

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

The same result is produced by

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preparatory remarks such as the following:
The accused is a strong man and was fully armed, while his opponents were weak, unarmed and suspecting no evil.
We may in fact touch on everything that we propose to produce in our proof; while making our statement of facts, as for instance points connected with persons, cause, place, time, the instrument and occasion employed.

Sometimes, when this resource is unavailable, we may even confess that the charge, though true, is scarcely credible, and that therefore it must be regarded as all the more atrocious; that we do not know how the deed was done or why, that we are filled with amazement, but will prove our case.

The best kind of preparatory remarks are those which cannot be recognised as such: Cicero, [*](pro Mil. x. 28. ) for instance, is extraordinarily happy in the way he mentions in advance everything that shows that Clodius lay in wait for Milo and not Milo for Clodius. The most effective stroke of all is his cunning feint of simplicity:

Milo, on the other hand, having been in the senate all day till the house rose, went home, changed his shoes and clothes, and waited for a short time, while his wife was getting ready, as is the way with women.

What an absence of haste and premeditation this gives to Milo's proceedings. And the great orator secures this effect not merely by producing facts which indicate the slow and tardy nature of Milo's departure, but by the use of the ordinary language of everyday speech and a careful concealment of his art. Had he spoken otherwise, his words would by their very sound have warned the judge to keep an eye on the advocate.

The majority of readers regard this passage as lacking in distinction, but this very fact merely serves

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to show how the art which is scarce detected by a reader succeeded in hoodwinking the judge. It is qualities of this kind that make the statement of facts credible.