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Institutio Oratoria (Quintilian)
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Institutio Oratoria

Author: Quintilian
Translator: Harold Edgeworth Butler
1027
Ideoque
eam
non
orationis
totius
partem
unam
esse
credendum
est
sed
quaestionum
etiam
singularum
.
Quae
est
enim
quaestio
,
in
qua
non
promittere
possit
orator
,
quid
primo
,
quid
secundo
,
quid
tertio
sit
loco
dicturus
?
quod
est
proprium
partitionis
.
Quam
ergo
ridiculum
est
,
quaestionem
quidem
speciem
esse
probationis
,
partitionem
autem
,
quae
sit
species
quaestionis
,
partem
totius
orationis
vocari
?
Consequently we must regard partition not as one part of a whole speech, but as a part of each individual question that may be involved. For what question is there in which an orator cannot set forth the order in which he is going to make his points? And this of course is the function of partition. But how ridiculous it is to make each question an aspect of proof, but partition which is an aspect of a question a part of the whole speech.
1028
Egressio
vero
vel
,
quod
usitatius
esse
coepit
,
excessus
,
sive
est
extra
causam
,
non
potest
esse
pars
causae
,
sive
est
in
causa
,
adiutorium
vel
ornamentum
partium
est
earum
,
ex
quibus
egreditur
.
Nam
si
,
quidquid
in
causa
est
,
pars
causae
vocabitur
,
cur
non
argumentum
,
similitudo
,
locus
communis
,
adfectus
,
exempla
partes
vocentur
?
As for digression (egressio, now more usually styled excessus ), if it lie outside the case, it cannot be part of it, while, if it lie within it, it is merely an accessory or ornament of that portion of the case from which digression is made. For if anything that lies within the case is to be called part of it, why not call argument, comparison, commonplace, pathos, illustration parts of the case?
1029
Tamen
nec
iis
adsentior
,
qui
detrahunt
refutationem
tanquam
probationi
subiectam
,
ut
Aristoteles
;
haec
enim
est
,
quae
constituat
,
illa
,
quae
destruat
.
Hoc
quoque
idem
aliquatenus
novat
,
quod
prooemio
non
narrationem
subiungit
sed
propositionem
.
Verum
id
facit
,
quia
propositio
ei
genus
,
narratio
species
videtur
,
et
hac
non
semper
,
illa
semper
et
ubique
credit
opus
esse
.
On the other hand I disagree with those who, like Aristotle, would remove refuation from the list on the ground that it forms part of the proof: for the proof is constructive, and the reputation destructive. Aristotle also introduces another slight novelty in making proposition, not statement of facts, follow the exordium. This however he does because he regards proposition as the genus and statement of facts as the species, with the result that he holds that, whereas the former is always and everywhere necessary, the latter may sometimes be dispensed with.
1030
Verum
ex
his
quas
constitui
partibus
non
,
ut
quidque
primum
dicendum
,
ita
primum
cogitandum
est
;
sed
ante
omnia
intueri
oportet
,
quod
sit
genus
causae
,
quid
in
ea
quaeratur
,
quae
prosint
,
quae
noceant
,
deinde
quid
confirmandum
sit
ac
refellendum
,
tum
quo
modo
narrandum
.
It is however necessary to point out as regards these five parts which I have established, that that which has to be spoken first is not necessarily that which requires our first consideration. But above all we must consider the nature of the case, the question at issue and the arguments for and against. Next we must consider what points are to be made, and what refuted, and then how the facts are to be stated.
1031
Expositio
enim
probationum
est
praeparatio
,
nec
esse
utilis
potest
,
nisi
prius
constiterit
,
quid
debeat
de
probatione
promittere
.
Postremo
intuendum
,
quemadmodum
iudex
sit
conciliandus
.
Neque
enim
nisi
totius
causae
partibus
diligenter
inspectis
scire
possumus
,
qualem
nobis
facere
animum
cognoscentis
expediat
,
severum
an
mitem
,
concitatum
an
remissum
,
adversum
gratiae
an
obnoxium
.
For the stalement of facts is designed to prepare the way for the proofs and must needs be unprofitable, unless we have first determined what proofs. are to be promised in the statement. Finally we must consider how best to win the judge to take our view. For we cannot be sure until we have subjected all the parts of the case to careful scrutiny, what sort of impression we wish to make upon the judge: are we to mollify him or increase his severity, to excite or relax his interest in the case, to render him susceptible to influence or the reverse?
1032
Neque
ideo
tamen
eos
probaverim
,
qui
scribendum
quoque
prooemium
novissime
putant
.
Nam
ut
conferri
materiam
omnem
et
,
quid
quoque
loco
sit
opus
,
constare
decet
,
antequam
dicere
aut
scribere
ordiamur
,
ita
incipiendum
ab
iis
,
quae
prima
sunt
.
I cannot however approve the view of those who think that the exordium should actually be written last. For though we must collect all our material and determine the proper place for each portion of it, before we begin to speak or write, we must commence with what naturally comes first.
1033
Nam
nec
pingere
quisquam
aut
fingere
coepit
a
pedibus
,
nec
denique
ars
ulla
consummatur
ibi
,
unde
ordiendum
est
.
Quid
fiet
alioqui
,
si
spatium
componendi
orationem
stilo
non
fuerit
?
nonne
nos
haec
inversa
consuetudo
deceperit
?
Inspicienda
igitur
materia
est
,
quo
praecepimus
ordine
,
scribenda
,
quo
dicemus
.
No one begins a portrait by painting or modelling the feet, and no art finds its completion at the point where it should begin. Otherwise what will happen if we have not time to write our speech? Will not the result of such a reversal of the proper order of things be that we shall be caught napping? We must therefore review the subject-matter in the order laid down, but write our speech in the order in which we shall deliver it.
1034
Ceterum
causa
omnis
,
in
qua
pars
altera
agentis
est
,
altera
recusantis
,
aut
unius
rei
controversia
constat
aut
plurium
.
Haec
simplex
dicitur
,
illa
coniuncta
.
Una
controversia
est
per
se
furti
,
per
se
adulterii
.
Plures
aut
eiusdem
generis
,
ut
in
pecuniis
repetundis
,
aut
diversi
,
ut
si
quis
sacrilegii
et
homicidii
simul
accusetur
.
Quod
nunc
in
publicis
iudiciis
non
accidit
,
quoniam
praetor
certa
lege
sortitur
,
principum
autem
et
senatus
cognitionibus
frequens
est
et
populi
fuit
;
privata
quoque
iudicia
saepe
unum
iudicem
habere
multis
et
diversis
formulis
solent
.
X. Every cause in which one side attacks and the other defends consists either of one or more controversial questions. In the first case it is called simple, in the second complex. An example of the first is when the subject of enquiry is a theft or an adultery taken by itself. In complex cases the several questions may all be of the same kind, as in cases of extortion, or of different kinds, as when a man is accused at one and the same time of homicide and sacrilege. Such cases no longer arise in the public courts, since the praetor allots the different charges to different courts in accordance with a definite rule; but they still are of frequent occurrence in the Imperial or Senatorial courts, and were frequent in the days when they came up for trial before the people. Private suits again are often tried by one judge, who may have to determine many different points of law.
1035
Nec
aliae
species
erunt
,
etiamsi
unus
a
duobus
dumtaxat
eandem
rem
atque
ex
eadem
causa
petet
aut
duo
ab
uno
aut
plures
a
pluribus
,
quod
accidere
in
hereditariis
litibus
interim
scimus
,
quia
quamvis
in
multis
personis
causa
tamen
una
est
,
nisi
si
condicio
personarum
quaestiones
variaverit
.
There are no other species of forensic causes, not even when one person brings the same suit on the same grounds against two different persons, or two persons bring the same suit against one, or several against several, as occasionally occurs in lawsuits about inheritances. Because although a number of parties may be involved, there is still only one suit, unless indeed the different circumstances of the various parties alter the questions at issue.
1036
Diversum
his
tertium
genus
,
quod
dicitur
comparativum
;
cuius
rei
tractatus
in
parte
causae
frequens
est
,
ut
cum
apud
centumviros
post
alia
quaeritur
et
hoc
,
uter
dignior
hereditate
sit
.
Rarum
est
autem
,
ut
in
foro
iudicia
propter
id
solum
constituantur
,
sicut
divinationes
,
quae
fiunt
de
accusatore
constituendo
,
et
nonnunquam
inter
delatores
,
uter
praemium
meruerit
.
There is however said to be a third and different class, the comparative. Questions of comparison frequently require to be handled in portions of a cause, as for instance in the centum viral court, when after other questions have been raised the question is discussed as to which of two claimants is the more deserving of an inheritance. It is rare however for a case to be brought into court on such grounds alone, as in divinations which take place to determine who the accuser shall be, and occasionally when two informers dispute as to which has earned the reward.
1037
Adiecerunt
quidam
numero
mutuam
accusationem
,
quae
ἀντικατηγορία
vocatur
,
allis
videlicet
succedere
hanc
quoque
comparativo
generi
existimantibus
,
cui
similis
erit
petitionum
invicem
diversarum
,
quod
accidit
vel
frequentissime
.
Id
si
et
ipsum
vocari
debet
ἀντικατηγορία
(
nam
proprio
caret
nomine
)
duo
genera
erunt
eius
,
alterum
quo
litigatores
idem
crimen
invicem
intentant
,
alterum
quo
aliud
atque
aliud
.
Cui
et
petitionum
condicio
par
est
.
Some again have added a fourth class, namely mutual accusation, which they call ἀντικατηγορία Others, however, regard it as belonging to the comparative group, to which indeed the common case of reciprocal suits on different grounds bears a strong resemblance. If this latter case should also be called ἀντικατηγορία (for it has no special name of its own), we must divide mutual accusation into two classes, in one of which the parties bring the same charge against each other, while in the other they bring different charges. The same division will also apply to claims.
1038
Cum
apparuerit
genus
causae
,
tum
intuebimur
,
negeturne
factum
,
quod
intenditur
,
an
defendatur
,
an
alio
nomine
appelletur
,
an
a
genere
actionis
repellatur
;
unde
sunt
status
.
As soon as we are clear as to the kind of cause on which we are engaged, we must then consider whether the act that forms the basis of the charge is denied or defended, or given another name or excepted from that class of action. Thus we determine the basis of each case.
1039
His
inventis
,
intuendum
deinceps
Hermagorae
videtur
,
quid
sit
quaestio
,
ratio
,
iudicatio
,
continens
,
vel
,
ut
alii
vocant
,
firmamentum
.
Quaestio
latius
intelligitur
omnis
,
de
qua
in
utramque
partem
vel
in
plures
partes
dici
credibiliter
potest
.
XI. As soon as these points are ascertained, the next step, according to Hermagoras, should be to consider what is the question at issue, the line of defence, the point for the judge's decision and the central point, or, as others call it, the foundation of the case. The question in its more general sense is taken to mean everything on which two or more plausible opinions may be advanced.
1040
In
iudiciali
autem
materia
dupliciter
accipienda
est
:
altero
modo
,
quo
dicimus
multas
quaestiones
habere
controversiam
,
quo
etiam
minores
omnes
complectimur
,
altero
,
quo
significamus
summam
illam
,
in
qua
causa
vertitur
;
de
hac
nunc
loquor
,
ex
qua
nascitur
status
,
an
factum
sit
,
In forensic subjects however it must be taken in two senses: first in the sense in which we say that a controversial matter involves many questions, thereby including all minor questions; secondly in the sense of the main question on which the case turns. It is of this, with which the basis originates, that I am now speaking. We ask whether a thing has been done, what it is that has been done, and whether it was rightly done.
1041
quid
factum
sit
,
an
recte
factum
sit
.
Has
Hermagoras
et
Apollodorus
et
alii
plurimi
scriptores
proprie
quaestiones
vocant
,
Theodorus
,
ut
dixi
,
capita
generalia
,
sicut
illas
minores
aut
ex
illis
pendentes
specialia
.
Nam
et
quaestionem
ex
quaestione
nasci
et
speciem
in
species
dividi
convenit
.
To these Hermagoras and Apollodorus and many other writers have given the special name of questions; Theodorus on the other hand, as I have already said, calls them general heads, while he designates minor questions or questions dependent on these general heads as special heads. For it is agreed that question may spring from question, and species be subdivided into other species.
1042
Hanc
igitur
quaestionem
veluti
principalem
vocant
ζήτημα
.
Ratio
autem
est
,
qua
id
,
quod
factum
esse
constat
,
defenditur
.
Et
cur
non
utamur
eodem
,
quo
sunt
usi
omnes
fere
,
exemplo
?
Orestes
matrem
occidit
,
hoc
constat
;
dicit
se
iuste
fecisse
:
status
erit
qualitatis
;
quaestio
,
an
iuste
fecerit
,
ratio
,
quod
Clytaemnestra
maritum
suum
,
patrem
Orestis
,
occidit
;
hoc
αἴτιον
dicitur
.
κρινόμενον
autem
iudicatio
,
an
oportuerit
vel
nocentem
matrem
a
filio
occidi
.
This main question, then, they call the ζήτημα. The line of defence is the method by which an admitted act is defended. I see no reason why I should not use the same example to illustrate this point that has been used by practically all my predecessors. Orestes has killed his mother: the fact is admitted. He pleads that he was justified in so doing: the basis will be one of quality, the question, whether he was justified in his action, the line of defence that Clytemnestra killed her husband, Orestes' father. This is called the αἴτιον or motive. The point for the decision of the judge is known as the κρινόμενον and in this case is whether it was right that even a guilty mother should be killed by her son.
1043
Quidam
diviserunt
αἴτιον
et
αἰτίαν
ut
esset
altera
,
propter
quam
iudicium
constitutum
est
,
ut
occisa
Clytaemnestra
,
altera
,
qua
factum
defenditur
,
ut
occisus
Agamemnon
.
Sed
tanta
est
circa
verba
dissensio
,
ut
alii
αἰτίαν
causam
iudicii
,
αἴτιον
autem
facti
vocent
,
alii
eadem
in
contrarium
vertant
.
Latinorum
quidam
haec
initium
et
rationem
vocaverunt
,
quidam
utrumque
eodem
nomine
appellant
.
Some have drawn a distinction between αἴτιον and αἰτίαν making αἴτιον mean the cause of the trial, namely the murder of Clytemnestra, αἰτία the motive urged in defence, namely the murder of Agamemnon. But there is such lack of agreement over these two words, that some make αἰτία the cause of the trial and αἴτιον the motive of the deed, while others reverse the meanings. If we turn to Latin writers we find that some have given these causes the names of initinum, the beginning, and ratio, the reason, while others give the same name to both.
1044
Causa
quoque
ex
causa
,
id
est
αἴτιον
ἐξ
αἰτίου
nasci
videtur
,
quale
est
:
Occidit
Agamemnonem
Clytaemnestra
,
quia
ille
filiam
communem
immolaverat
et
captivam
pellicem
adducebat
.
Iidem
putant
et
sub
una
quaestione
plures
esse
rationes
,
ut
si
Orestes
et
alteram
adferat
causam
matris
necatae
,
quod
responsis
sit
impulsus
;
quot
autem
causas
faciendi
,
totidem
iudicationes
;
nam
et
haec
erit
iudicatio
,
an
responsis
parere
debuerit
.
Moreover cause seems to spring from cause, or as the Greeks say αἴτιον ἐξ αἰτίον as will be seen from the following:— Clytemnestra killed Agamemnon, because he had sacrificed their daughter and brought home a captive woman as his paramour. The same authors think that there may be several lines of defence to one question: for instance Orestes may urge that he killed his mother because driven to do so by oracles. But the number of points for the decision of the judge will be the same as the number of alleged motives for the deed: in this case it will be whether he ought to have obeyed the oracles.
1045
Sed
et
una
causa
plures
habere
quaestiones
et
iudicationes
(
ut
ego
arbitror
)
potest
,
ut
in
eo
,
qui
,
cum
adulteram
deprehensam
occidisset
,
adulterum
,
qui
tum
effugerat
,
postea
in
foro
occidit
.
Causa
enim
est
una
,
adulter
fuit
;
quaestiones
et
iudicationes
,
an
illo
tempore
,
an
illo
loco
licuerit
occidere
.
But one alleged motive may also in my opinion involve several questions and several points for the decision of the judge, as for instance in the case when the husband caught his wife in adultery and slew her and later slew the adulterer, who had escaped, in the market place. The motive is but one: "he was an adulterer." But there arise as questions and points for decision by the judge, whether it was lawful to kill him at that time and at that place.
1046
Sed
sicut
,
cum
sint
plures
quaestiones
omnesque
suos
status
habeant
,
causae
tamen
status
unus
sit
,
ad
quem
referuntur
omnia
,
ita
iudicatio
maxime
propria
,
de
qua
pronuntiatur
.
But just as, although there be several questions, each with its special basis, the basis of the case is but one, namely that to which all else is referred, even so the real point for the decision of the judge is, strictly speaking, that on which judgment is given.
1047
συνέχον
autem
(
quod
,
ut
dixi
,
continens
alii
,
firmamentum
alii
putant
,
Cicero
firmissimam
argumentationem
defensoris
et
adpositissimam
ad
iudicationem
)
quibusdam
id
videtur
esse
,
post
quod
nihil
quaeritur
,
quibusdam
id
quod
ad
iudicationem
firmissimum
adfertur
.
As for the σύνεχον the central argument, as I have mentioned it is called by some, or the foundation as it is called by others, or as Cicero styles it the strongest argument of the defender and the most relevant to the decision of the judge, some regard it as being the point after which all enquiry ceases, others as the main point for adjudication.
1048
Causa
facti
non
in
omnes
controversias
cadit
.
Nam
quae
fuerit
causa
faciendi
,
ubi
factum
negatur
?
At
ubi
causa
tractetur
,
negant
eodem
loco
esse
iudicationem
quo
quaestionem
,
idque
et
in
Rhetoricis
Cicero
et
in
Partitionibus
dicit
.
The motive of the deed does not arise in all controversial cases. For how can there be a motive for the deed, when the deed is denied? But when the motive for the deed does come up for discussion, they deny that the point for the decision of the judge rests on the same ground as the main question at issue, and this view is maintained by Cicero in his Rhetorica and Partitiones.
1049
Nam
in
coniectura
est
quaestio
ex
illo
Factum
,
non
factum
an
factum
sit
.
Ibi
ergo
iudicatio
,
ubi
quaestio
,
quia
in
eadem
re
prima
quaestio
et
extrema
disceptatio
.
At
in
qualitate
,
Matrem
Orestes
occidit
:
recte
,
non
recte
,
an
recte
occiderit
,
quaestio
nec
statim
iudicatio
.
Quando
ergo
?
Ilia
patrem
meum
occiderat
;
sed
non
ideo
tu
matrem
debuisti
occidere
;
an
debuerit
,
hic
iudicatio
.
For when it has been asserted and denied that a deed was done, the question whether it was done is resolved by conjecture, and the decision of the judge and the main question rest on the same ground, since the first question and the final decision are concerned with the same point. But when it is stated and denied that Orestes was justified in killing his mother, considerations of quality are introduced: the question is whether he was justified in killing her, but this is not yet the point for the decision of the judge. When, then, does it become so? "She killed my father. "Yes, but that did not make it your duty to murder your mother." The point for the decision of the judge is whether it was his duty to kill her.
1050
Firmamentum
autem
verbis
ipsius
ponam
:
si
velit
Orestes
dicere
eiusmodi
animum
matris
suae
fuisse
in
patrem
suum
,
in
se
ipsum
ac
sorores
,
in
regnum
,
in
famam
generis
et
familiae
,
ut
ab
ea
poenas
liberi
potissimum
sui
petere
debuerint
.
As regards the foundation, I will put it in the words of Cicero himself:— " The foundation is the strongest argument for the defence, as for instance, if Orestes were ready to say that the disposition of his mother towards his father, himself and his sisters, the kingdom, the reputation of the race and the family were such that it was the peculiar duty of her children to punish her. "
1051
Utuntur
alii
et
talibus
exemplis
:
Qui
bona
paterna
consumpserit
,
ne
contionetur
;
in
opera
publica
consumpsit
;
quaestio
,
an
,
quisquis
consumpserit
,
prohibendus
sit
:
iudicatio
,
an
,
qui
sic
.
Others again use illustrations such as the following:— "He who has spent his patrimony, is not allowed to address the people. "But he spent it on public works." The question is whether everyone that spends his patrimony is to be prohibited, while the point for decision is whether he who spent it in such a way is to be prohibited.
1052
Vel
,
ut
in
causa
militis
Arrunti
,
qui
Lusium
tribunum
vim
sibi
inferentem
interfecit
,
quaestio
,
an
iure
fecerit
,
ratio
,
quod
is
vim
afferebat
;
iudicatio
,
an
indemnatum
,
an
tribunum
a
milite
occidi
oportuerit
.
Or again take the case of the soldier Arruntius, who killed the tribune Lusius for assaulting his honour. The question is whether he was justified in so doing, the line of defence, that the murdered man made an assault upon his honour, the point for the decision of the judge, whether it was right that a man should be killed uncondemned or a tribune by a soldier.
1053
Alterius
etiam
status
quaestionem
,
alterius
iudicationem
putant
.
Quaestio
qualitatis
,
an
recte
Clodium
Milo
occiderit
.
Some even regard the basis of the question as being different from the basis of the decision. The question as to whether Milo was justified in killing Clodius, is one of quality. The point for the decision of the judge, namely whether Clodius lay in wait for Milo, is a matter for conjecture.
1054
Iudicatio
coniecturalis
,
an
Clodius
insidias
fecerit
.
Ponunt
et
illud
,
saepe
causam
in
aliquam
rem
dimitti
,
quae
non
sit
propria
quaestionis
,
et
de
ea
iudicati
.
A
quibus
multum
dissentio
.
Nam
et
illa
quaestio
,
an
omnes
,
qui
paterna
bona
consumpserint
,
contione
sint
prohibendi
,
habeat
oportet
suam
iudicationem
.
Ergo
non
alia
quaestio
alia
iudicatio
erit
,
sed
plures
quaestiones
et
plures
iudicationes
.
They also urge that a case is often diverted to the consideration of some matter irrelevant to the question, and that it is on this matter that judgment is given. I strongly disagree. Take the question whether all who have spent their patrimony are to be prohibited from addressing the people. This question must have its point for decision, and therefore the question and the point for decision are not different, but there are more than one question and more than one point for decision in the case. Again, in the case of Milo,
1055
Quid
?
non
in
causa
Milonis
ipsa
coniectura
refertur
ad
qualitatem
?
nam
si
est
insidiatus
Clodius
,
sequitur
,
ut
recte
sit
occisus
.
Cum
vero
in
aliquam
rem
missa
causa
recessum
est
a
quaestione
,
quae
erat
,
et
hic
constituta
quaestio
,
ubi
iudicatio
est
.
is not the question of fact ultimately referred to the question of quality ? For if Clodius lay in wait for Milo, it follows that he was justifiably killed. But when the case is shifted to some other point far removed from the original question, even in this case the question will be found to reside in the point for decision.
1056
Paulum
in
his
secum
etiam
Cicero
dissentit
.
Nam
in
Rhetoricis
(
quemadmodum
supra
dixi
)
Hermagoran
est
secutus
;
in
Topicis
ex
statu
effectam
contentionem
κρινόμενον
existimat
,
idque
Trebatio
,
qui
iuris
erat
consultus
,
adludens
qua
de
re
agitur
appellat
;
quibus
id
contineatur
,
continentia
,
quasi
firmamenta
defensionis
,
quibus
sublatis
defensio
nulla
sit
;
As regards these questions Cicero is slightly inconsistent with himself. For in the Rhetorica, as I have already mentioned, he followed Hermagoras, while in the Topicai he holds that the κρινόμενον or disputed point is originated by the basis, and in addressing the lawyer Trebatius on this subject he calls it the point at issue, and describes the elements in which it resides as central arguments or foundations of the defence which hold it together and the removal of which causes the whole defence to fall to the ground.
1057
at
in
Partitionibus
oratoriis
firmamentum
,
quod
opponitur
defensioni
,
quia
continens
,
quod
primum
sit
,
ab
accusatore
dicatur
,
ratio
a
reo
,
ex
rationis
et
firmamenti
quaestione
disceptatio
sit
iudicationum
.
Verius
igitur
et
brevius
ii
,
qui
statum
et
continens
et
iudicationem
idem
esse
voluerunt
;
continens
autem
id
esse
,
quo
sublato
lis
esse
non
possit
.
But in the Partitiones Oratoriae he gives the name of foundation to that which is advanced against the defence, on the ground that the central argument, as it logically comes first, is put forward by the accuser, while the line of defence is put forward by the accused, and the point for the decision of the judge arises from the question jointly raised by the central argument and the line of defence. The view therefore of those who make the basis, the central argument, and the point for the decision of the judge identical, is at once more concise and nearer to the truth. The central argument, they point out, is that the removal of which makes the whole case fall to the ground.
1058
Hoc
mihi
videntur
utramque
causam
complexi
,
et
quod
Orestes
matrem
et
quod
Clytaemnestra
Agamemnonem
occiderit
.
Iidem
iudicationem
et
statum
consentire
semper
existimarunt
,
neque
enim
aliud
eorum
rationi
conveniens
fuisset
.
In this central argument they seem to me to have included both the alleged causes, that Orestes killed his mother and that Clytemnestra killed Agamemnon. the same authorities have likewise always held that the basis and the point for the decision of the judge are in agreement; any other opinion would have been inconsistent with their general views.
1059
Verum
haec
adfectata
subtilitas
circa
nomina
rerum
ambitiose
laborat
,
a
nobis
in
hoc
assumpta
solum
,
ne
parum
diligenter
inquisisse
de
opere
,
quod
aggressi
sumus
,
videremur
;
simplicius
autem
instituenti
non
est
necesse
per
tam
minutas
rerum
particulas
rationem
docendi
concidere
.
But this affectation of subtlety in the invention of technical terms is mere laborious ostentation: I have undertaken the task of discussing them solely that I might not be regarded as having failed to make sufficient inquiry into the subject which I have chosen as my theme. But it is quite unnecessary for an instructor proceeding on less technical lines to destroy the coherence of his teaching by attention to such minute detail.
1060
Quo
vitio
multi
quidem
laborarunt
,
praecipue
tamen
Hermagoras
,
vir
alioqui
subtilis
et
in
plurimis
admirandus
,
tantum
diligentiae
nimium
sollicitae
,
ut
ipsa
eius
reprehensio
laude
aliqua
non
indigna
sit
.
Many however suffer from this drawback, more especially Hermagoras who, although he labours these points with such anxious diligence, was a man of penetrating intellect and in most respects deserves our admiration, so that even where we must needs blame him, we cannot withhold a certain meed of praise.
1061
Haec
autem
brevior
et
vel
ideo
lucidior
multo
via
neque
discentem
per
ambages
fatigabit
nec
corpus
orationis
in
parva
momenta
diducendo
consumet
.
Nam
qui
viderit
,
quid
sit
,
quod
in
controversiam
veniat
,
quid
in
eo
et
per
quae
velit
efficere
pars
diversa
,
quid
nostra
,
quod
in
primis
est
intuendum
,
nihil
eorum
ignorare
,
de
quibus
supra
diximus
,
poterit
.
But the shorter method, which for that very reason is also by far the most lucid, will not fatigue the learner by leading him through a maze of detail, nor destroy the coherence of his eloquence by breaking it up into a number of minute departments. For he who has a clear view of the main issue of a dispute, and divines the aims which his own side and his opponents intend to follow and the means they intend to employ (and it is to the intentions of his own side that he must pay special attention), will without a doubt be in possession of a knowledge of all the points which I have discussed above.
1062
Neque
est
fere
quisquam
modo
non
stultus
atque
ab
omni
prorsus
usu
dicendi
remotus
,
quin
sciat
,
et
quid
litem
faciat
, (
quod
ab
illis
causa
vel
continens
dicitur
)
et
quae
sit
inter
litigantes
quaestio
,
et
de
quo
iudicari
oporteat
;
quae
omnia
idem
sunt
.
Nam
et
de
eo
quaestio
est
,
quod
in
controversiam
venit
,
et
de
eo
iudicatur
,
de
quo
quaestio
est
.
And there is hardly anyone, unless he be a born fool without the least acquaintance with the practice of speaking, who does not know what is the main issue of a dispute (or as they call it the cause or central argument ) and what is the question between the parties and the point on which the judge has to decide, these three being identical. For the question is concerned with the matter in dispute and the decision of the judge is given on the point involved in the question.
1063
Sed
non
perpetuo
intendimus
in
haec
animum
et
cupiditate
laudis
utcunque
acquirendae
vel
dicendi
voluptate
evagamur
,
quando
uberior
semper
extra
causam
materia
est
,
quia
in
controversia
pauca
sunt
,
extra
omnia
,
et
hic
dicitur
de
his
,
quae
accepimus
,
illic
,
de
quibus
volumus
.
Still we do not keep our attention rigidly fixed on such details, but the desire to win praise by any available means and the sheer delight in speaking make us wander away from the subject, since there is always richer material for eloquence outside the strict theme of the case, inasmuch as the points of any given dispute are always few, and there is all the world outside, and in the one case we speak according to our instructions, in the other on the subjects of our own choice.
1064
Nec
tam
hoc
praecipiendum
est
,
ut
quaestionem
,
continens
,
iudicationem
inveniamus
(
nam
id
quidem
facile
est
) ,
quam
ut
intueamur
semper
,
aut
certe
si
digressi
fuerimus
saltem
respiciamus
,
ne
plausum
adfectantibus
arma
excidant
.
We should teach not so much that it is our duty to discover the question, the central argument, and the point for the decision of the judge (an easy task), as that we should continually keep our attention on our subject, or if we digress, at least keep looking back to it, lest in our desire to win applause we should let our weapons drop from our grasp.