Institutio Oratoria

Quintilian

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

But from our answers to objections fresh objections will arise, a process which may be carried to some length. The strokes [*]( Not enough is known of gladiatorial fighting to render this passage fully intelligible. ) of gladiators provide a parallel. If the first stroke was intended to provoke the adversary to strike, the second will lead to the third, while if the challenge be repeated it will lead to the fourth stroke, so that there will be two parries and two attacks. And tile process may be prolonged still further.

But refutation also includes that simple form of proof, which I described above, [*](v. xii. 12.) based on an appeal to the emotions and mere assertion; for an example see the words of Scaurus which I have already quoted. [*](v. xii. 10.) Nay, I am not sure that this form of proof is not actually of more frequent occurrence when something is denied. It is, however, specially important for both parties that they should see where the main issue lies. For it often happens that the points raised in pleading are many, although those on which a decision is given are few.

Such are the elements of the methods of proof and refutation, but they require to be embellished and supported by the powers of the speaker. For although our arguments may be admirably adapted to express what we desire, they will none the less be slight and weak unless the orator makes a special effort to give them life.

Consequently the

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commonplaces on the subject of witnesses, documentary evidence, arguments and the like make a great impression on the minds of the judges, as also do those topics which are peculiar to the case, those I mean in which we praise or blame any action or show that it is just or unjust, or make it seem more or less important or more or less harsh than it really is. Of these topics some are adapted to the comparison of individual arguments, others to the comparison of a number, while others may serve to influence the success or failure of the whole case.