Institutio Oratoria

Quintilian

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

On the other hand I disagree with those who, like Aristotle, [*](Rhet. ii. 26. ) would remove refuation from the list on the ground that it forms part of the proof: for the proof is constructive, and the reputation destructive. Aristotle [*](Rhet. iii. 13. ) also introduces another slight novelty in making proposition, not statement of facts, follow the exordium. This however he does because he regards proposition as the genus and statement of facts as the species, with the result that he holds that, whereas the former is always and everywhere necessary, the latter may sometimes be dispensed with.

It is however necessary to point out as regards these five parts which I have established, that that which has to be spoken first is not necessarily that which requires our first consideration. But above all we must consider the nature of the case, the question at issue and the arguments for and against. Next we must consider what points are to be made, and what refuted, and then how the facts are to be stated.

For the stalement of facts is designed to prepare the way for the proofs and must needs be unprofitable, unless we have first determined what proofs. are to be promised in the statement. Finally we must consider how best to win the judge to take our view. For we cannot be sure until we have subjected all the parts of the case to careful scrutiny, what sort of impression we wish to make upon the judge: are we to mollify him or increase his severity, to excite or relax his interest in the case, to render him susceptible to influence or the reverse?

I cannot however approve the view of those who

v1-3 p.519

think that the exordium should actually be written last. For though we must collect all our material and determine the proper place for each portion of it, before we begin to speak or write, we must commence with what naturally comes first.

No one begins a portrait by painting or modelling the feet, and no art finds its completion at the point where it should begin. Otherwise what will happen if we have not time to write our speech? Will not the result of such a reversal of the proper order of things be that we shall be caught napping? We must therefore review the subject-matter in the order laid down, but write our speech in the order in which we shall deliver it.