Institutio Oratoria

Quintilian

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

In these considerations are included everything in connexion with words and deeds, but in two distinct ways. For some things are done because something else is like to follow, and others because something else has previously been done, as for instance, when the husband of a beautiful woman is accused of having acted as a procurer on the ground that he bought her after she was found guilty of adultery, or when a debauched character is accused of parricide on the ground that he said to his father

You have rebuked me for the last time.
[*]( Both cases are clearly themes from the schools of rhetoric. ) For
v4-6 p.227
in the former case the accused is not a procurer because he bought the woman, but bought her because he was a procurer, while in the latter the accused is not a parricide because he used these words, but used them because lie intended to kill his father.

With regard to accidental circumstances, which also provide matter for arguments, these clearly belong to subsequent time, but are distinguished by a certain special quality, as for instance if I should say,

Scipio was a better general than Hannibal, for he conquered Hannibal
;
He was a good pilot, for he was never shipwrecked
;
He was a good farmer, for he gathered in huge harvests
; or referring to bad qualities,
He was a prodigal, for he squandered his patrimony
;
His life was disgraceful, for he was hated by all.

We must also consider the resources possessed by the parties concerned, more especially when dealing with questions of fact; for it is more credible that a smaller number of persons were killed by a larger, a weaker party by a stronger, sleepers by men that were wide awake, the unsuspecting by the well-prepared, while the converse arguments may be used to prove the opposite.

Such considerations arise both in deliberative and forensic oratory: in the latter they occur in relation to two questions, namely, whether some given person had the will, and whether lie had the power to do the deed; for hope will often create the will to act. Hence the well-known inference in Cicero: [*](pro Mil. x. 29. )

Clodius lay in wait for Milo, not Milo for Clodius, for Clodius had a retinue of sturdy slaves, while Milo was with a party of women; Clodius was mounted, Milo in a carriage, Clodius lightly clad, Milo hampered by a cloak.

With resources we may

v4-6 p.229
couple instruments, which form part of resources and means. But sometimes instruments will provide us with indications as well, as for instance if we find a javelin sticking in a dead body.