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 when the reason given is itself disputable, we must establish the certainty of the premises by which we are proposing to prove what is uncertain. For example, if our opponent says

You are not his son
or
You are illegitimate
or
You are not his only son
; or, again,
You are not his heir
or
The will is invalid
or
You are not entitled to inherit
or
You have co-heirs,
we must prove the validity
v4-6 p.359
of the reason on which we base our claim that the property should be adjudicated to us.