Institutio Oratoria

Quintilian

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

And again in the actual pleading sagacity holds the first and most important place. For it is the duty of sagacity to decide what we should say and what we should pass by in silence or postpone; whether it is better to deny an act or to defend it, when we should employ an exordium and on what lines it should be designed, whether we should make a statement of facts and if so, how, whether we should base our plea on law or equity and what is the best order to adopt, while it must also decide on all the nuances of style, and settle whether it is expedient to speak harshly, gently or even with humility.

But I have already given advice on all these points as far as each occasion permitted, and I shall continue to do the same in the subsequent portions of this work. In the meantime, however, I will give a few instances to make my meaning clearer, since it is not possible, in my opinion, to do so by laying down general rules.