Institutio Oratoria

Again the same question may make the same person either accuser or accused.

He who has exercised the profession of an actor, is under no circumstances to be allowed a seat in the first fourteen rows of the theatre.

[*]( Reserved for eguites. ) An individual who had performed before the praetor in his private gardens, but had never been presented on the public stage, has taken his seat in one of the fourteen rows.

The accuser of course affirms that he has exercised the profession of an actor: the accused denies that he has exercised the profession. The question then arises

as to the meaning of the

exercise of the profession of actor.

If he is accused under the law regarding the seats in the theatre, the denial will proceed from the accused; if on the other hand he is turned out of the theatre and demands compensation for assault, the denial will be made by the accuser.

The view of the majority of writers [*](i.e. that the defendant makes the basis or status. See § 13. ) on this subject will, however, hold good in most cases. Some have evaded these problems by saying that a basis is that which emerges from affirmations and denials, such as

You did it,

I did not do it,

or

I was justified in doing it.