Institutio Oratoria

Quintilian

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

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.

As regards these questions Cicero is slightly inconsistent with himself. For in the Rhetorica, as I have already mentioned, he followed Hermagoras, while in the Topicai [*](Top. xxv. 95. ) he holds that the κρινόμενον or disputed point is originated by the basis, and in addressing the lawyer Trebatius on this subject he calls it the point at issue, and describes the elements in which it resides as central arguments or foundations of the defence which hold it together and the removal of which causes the whole defence to fall to the ground.

But in the Partitiones Oratoriae [*](xxix. 103.) he gives the name of foundation to that which is advanced against the defence, on the ground that the central argument, as it logically comes first, is put forward by the accuser, while the line of defence is put forward by the accused, and the point for the decision of the judge arises from the question jointly raised by the central argument and the line of defence. The view therefore of those who make the basis, the central argument, and the point for the decision of the judge identical, is at once more concise and nearer to the truth. The central argument, they point out, is that the removal of which makes the whole case fall to the ground.

In this central argument they seem to me to have included both the alleged causes, that

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Orestes killed his mother and that Clytemnestra killed Agamemnon. the same authorities have likewise always held that the basis and the point for the decision of the judge are in agreement; any other opinion would have been inconsistent with their general views.

But this affectation of subtlety in the invention of technical terms is mere laborious ostentation: I have undertaken the task of discussing them solely that I might not be regarded as having failed to make sufficient inquiry into the subject which I have chosen as my theme. But it is quite unnecessary for an instructor proceeding on less technical lines to destroy the coherence of his teaching by attention to such minute detail.