Institutio Oratoria

Quintilian

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

Further in questions

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which have reference to a particular person, although it is not sufficient merely to handle the general question, we cannot arrive at any conclusion on the special point until we have first discussed the general question. For how is Cato to deliberate
whether he personally is to marry,
unless the general question
whether marriage is desirable
is first settled? And how is he to deliberate
whether he should marry Marcia,
unless it is proved that it is the duty of Cato to marry?

There are, however, certain books attributed to Hermagoras which support this erroneous opinion, though whether the attribution is spurious or whether they were written by another Hermagoras is an open question. For they cannot possibly be by the famous Hermagoras, who wrote so much that was admirable on the art of rhetoric, since, as is clear from the first book of the Rhetorica of Cicero, [*](de Inv. i. 6. ) he divided the material of rhetoric into theses and causes. Cicero objects to this division, contends that theses have nothing to do with an orator, and refers all this class of questions to the philosophers.

But Cicero has relieved me of any feeling of shame that I might have in controverting his opinion, since he has not only expressed his disapproval of his Rhetorica, but in the Orator, [*](Orator xiv. 45. ) the de Oratore and the Topica [*](de Or. iii. 30; Top. 21. ) instructs us to abstract such discussions from particular persons and occasions,

because we can speak more fully on general than on special themes, and because what is proved of the whole must also be proved of the part.

In all general questions, however, the essential basis is the same as in a cause or definite question. It is further pointed out that there are some questions which

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concern
things in themselves,
while others have a particular reference; an example of the former will be the question
Should a man marry?
of the latter
Should an old man marry?
; or again the question whether a man is brave will illustrate the first, while the question whether he is braver than another will exemplify the second.

Apollodorus defines a cause in the following terms (I quote the translation of his pupil Valgius):—

A cause is a matter which in all its parts bears on the question at issue,
or again
a cause is a matter of which the question in dispute is the object.
He then defines a matter in the following terms:— " A matter is a combination of persons, circumstances of place and time, motives, means, incidents, acts, instruments, speeches, the letter and the spirit of the law.