Institutio Oratoria

Others again use illustrations such as the following:—

He who has spent his patrimony, is not allowed to address the people.

But he spent it on public works.

Or again take the case of the soldier Arruntius, who killed the tribune Lusius for assaulting his honour. The question is whether he was justified in so doing, the line of defence, that the murdered man made an assault upon his honour, the point for the decision of the judge, whether it was right that a man should be killed uncondemned or a tribune by a soldier.

Some even regard the basis of the question as being different from the basis of the decision. The question as to whether Milo was justified in killing Clodius, is one of quality. The point for the decision of the judge, namely whether Clodius lay in wait for Milo, is a matter for conjecture.

They also urge that a case is often diverted to the consideration of some matter irrelevant to the question, and that it is on this matter that judgment is given. I strongly disagree. Take the question whether all who have spent their patrimony are to be prohibited from addressing the people. This question must have its point for decision, and therefore the question and the point for decision are not different, but there are more

is not the question of fact ultimately referred to the question of quality ? For if Clodius lay in wait for Milo, it follows that he was justifiably killed. But when the case is shifted to some other point far removed from the original question, even in this case the question will be found to reside in the point for decision.