Institutio Oratoria

Quintilian

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

Such arguments may also carry weight in deliberative oratory, as may those drawn from time, which I shall now proceed to discuss. Time may, as I have said elsewhere, [*](III. vi. 25.) be understood in two different senses, general and special. The first sense is seen in words and phrases such as

now,
formerly,
in the reign of Alexander,
in the days of the siege of Troy,
and whenever we speak of past, present or future. The second sense occurs when we speak either of definite periods of time such as
in summer,
in winter,
by night,
by day,
or of fortuitous periods such as
in time of pestilence,
in time of war,
during a banquet.

Certain Latin writers have thought it a sufficient distinction to call the general sense

time,
and the special
times.
In both senses time is of importance in advisory speeches and demonstrative oratory, but not so frequently as in forensic.

For questions of law turn on time, while it also determines the quality of actions and is of great importance in questions of fact; for instance, occasionally it provides irrefragable

v4-6 p.225
proofs, which may be illustrated by a case which I have already cited, [*](v. v. 2.) when one of the signatories to a document has died before the day on which it was signed, or when a person is accused of the commission of some crime, although he was only an infant at the time or not yet born.

Further, all kinds of arguments may easily be drawn either from facts previous to a certain act, or contemporary or subsequent. As regards antecedent facts the following example will illustrate my meaning;

You threatened to kill him, you went out by night, you started before him.
Motives of actions may also belong to past time.

Some writers have shown themselves over-subtle in their classification of the second class of circumstances, making

a sound was heard
an example of circumstances combined with an act and
a shout was raised
an instance of circumstances attached to an act. As regards subsequent circumstances I may cite accusations such as
You hid yourself, you fled, livid spots and swellings appeared on the corpse.
The counsel for the defence will employ the same divisions of time to discredit the charge which is brought against him.