Institutio Oratoria

But right actions have right motives, while evil actions are the result of false opinions, which originate in the things which men believe to be good or evil. Hence spring errors and evil passions such as anger, hatred, envy, desire, hope, ambition, audacity, fear and others of a similar kind. To these accidental circumstances may often be added, such as drunkenness or ignorance, which serve sometimes to excuse and sometimes to prove a charge, as for instance when a man is said to have killed one person while lying in wait for another. Further,

motives are often discussed not merely to convict the accused of the offence with which he is charged, but also to defend him when he contends

Questions of definition are also at times intimately connected with motives. Is a man a tyrannicide if he kills a tyrant by whom he has been detected in the act of adultery? Or is lie guilty of sacrilege who tore down arms dedicated in a temple to enable him to drive the enemy from the city?

Arguments are also drawn from place. With a view to proving our facts we consider such questions as whether a place is hilly or level, near the coast or inland, planted or uncultivated, crowded or deserted, near or far, suitable for carrying out a given design or the reverse. This is a topic which is treated most carefully by Cicero in his pro Milone. [*](pro Mil. xx. )

These points and the like generally refer to questions of fact, but occasionally to questions of law as well. For we may ask whether a place is public or private, sacred or profane, our own or another's, just as where persons are concerned we ask whether a man is a magistrate, a father, a foreigner.

Hence arise such questions as the following.

You have stolen private money, but since you stole it from a temple, it is not theft but sacrilege.

You have killed adulterers, an act permitted by law, but since the act was done in a brothel, it is murder.

Similarly it may be urged in defence,

The act was lawful, because I was a father, a magistrate.