Institutio Oratoria

Quintilian

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

Akin to these are the proof or refutation of general statements. For such statements are a kind of decree or rule, and whatever problem may arise from the thing, may equally arise from the decision passed upon the thing. Then there are commonplaces, [*](See II. i 9–11 and iv. 22.) which, as we know, have often been written by orators as a form of exercise. The man who has practised himself in giving full treatment to such simple and uncomplicated themes, will assuredly find his fluency increased in those subjects which admit of varied digression, and will be

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prepared to deal with any case that may confront him, since all cases ultimately turn upon general questions.

For what difference is there between the special case where Cornelius, [*](See IV. iv. 8; v. xiii. 26; VI. v. 10; II. iii. 3, 35.) the tribune of the people, is charged with reading the text of a proposed law, and the general question whether it is lése-majestè for a magistrate himself to read the law which he proposes to the people; what does it matter whether we have to decide whether Milo was justified in killing Clodius, or whether it is justifiable to kill a man who has set an ambush for his slayer, or a citizen whose existence is a danger to the state, even though he has set no such ambush? What difference is there between the question whether it was an honourable act on the part of Cato to make over Marcia to Hortensius, or whether such an action is becoming to a virtuous man? It is on the guilt or innocence of specific persons that judgement is given, but it is on general principles that the case ultimately rests.

As for declamations of the kind delivered in the schools of the rhetoricians, so long as they are in keeping with actual life and resemble speeches, they are most profitable to the student, not merely while he [*]( profectus, lit. progress, abstract for concrete. ) is still immature, for the reason that they simultaneously exercise the powers both of invention and arrangement, but even when he has finished his education and acquired a reputation in the courts. For they provide a richer diet from which eloquence derives nourishment and brilliance of complexion, and at the same time afford a refreshing variety after the continuous fatigues of forensic disputes.