Institutio Oratoria

Quintilian

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

and of a pleader who was a fluent speaker extempore, that

his ability was all in ready money.

Of the same kind, too, was the remark recorded by Marsus as having been made by Pompey to Cicero when the latter expressed distrust of his party:

Go over to Caesar and you will be afraid of me.

Had this last remark been uttered on a less serious subject and with less serious purpose, or had it not been uttered by Pompey himself, we might have counted it among examples of humour.

I may also add the words used by Cicero in a letter [*](Now lost. Caerellia was a literary lady.) to Caerellia to explain why he endured the supremacy of Caesar so patiently:

These ills must either be endured with the courage of Cato or the stomach [*](i.e. he must stomach it. ) of Cicero,

for here again the word

stomach

has a spice of humour in it. I felt that I ought not to conceal my feelings on this point. If I am wrong in my views, I shall not, at any rate, lead my readers astray, since I have stated the opposite view as well, which they are at liberty to adopt if they prefer it.

IV. With regard to the principles to be observed in forensic debate, [*]( The altercatio, which followed the set speeches, took the form of a number of brief arguments pro and con. ) it might seem that I should delay such instructions until I had finished dealing with all the details of continuous speaking, since such debates come after the set speeches are done. But since the art of debate turns on invention alone, does not admit of arrangement, has little need for the embellishments of style, and makes no large demand on memory or delivery, I think that it will not be out of place to deal with it here before I proceed to the second of the five parts, [*](See v. Pr. 5.) since it is

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entirely dependent on the first. Other writers have omitted to deal with it on the ground perhaps that they thought the subject had been sufficiently covered by their precepts on other topics.

For debate consists in attack and defence, on which enough has already been said, since whatever is useful in a continuous speech for the purpose of proof must necessarily be of service in this brief and discontinuous form of oratory. For we say the same things in debate, though we say them in a different manner, since debate consists of questions and replies, a topic with which we have dealt fairly exhaustively in connexion with the examination of witnesses. [*](See v. vii.)

But since this work is designed on an ample scale and since no one can be called a perfect orator unless he be an expert debater, we must devote a little special attention to this accomplishment as well, which as a matter of fact is not seldom the deciding factor in a forensic victory.

For just as the continuous speech is the predominant weapon in general questions of quality (where the inquiry is as to whether an act was right or wrong), and as a rule is adequate to clear up questions of definition and almost all those in which the facts are ascertained or inferred by conjecture [*](See III. vi.) from artificial proof, [*](See V. i.) so on the other hand those cases, which are the most frequent of all and depend on proofs which are either entirely inartificial [*]( See i. ) or of a composite character, give rise to the most violent debates; in fact I should say that there is no occasion when the advocate has to come to closer grips with his adversary.