Institutio Oratoria (Quintilian)

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	Institutio Oratoria Author: Quintilian	Translator: Harold Edgeworth Butler
1369	Totum igitur excutiamus locum , quando universam institutionem aggressi sumus . Sufficiebant alioqui libri duo a Domitio Afro in hanc rem compositi , quem adolescentulus senem colui , ut non lecta mili tantum ea , sed pleraque ex ipso sint cognita . Is verissime praecepit primum esse in hac parte officium oratoris , ut totam causam familiariter norit ; quod sine dubio ad omnia pertinet .	The whole subject, therefore, demands a thorough investigation, as the task which we have in hand is the complete education of an orator. Otherwise the two books written on this subject by Domitius Afer would suffice. I attended his lectures when he was old and I was young, and consequently have the advantage not merely of having read his book, but of having heard most of his views from his own lips. He very justly lays down the rule that in this connexion it is the first duty of an orator to make himself thoroughly acquainted with the case, a remark which of course applies to all portions of a speech.
1370	Id quomodo contingat , explicabimus , cum ad destinatum huic parti locum venerimus . Ea res suggeret materiam interrogationi et veluti tela ad manum subministrabit ; eadem docebit , ad quae iudicis animus actione sit praeparandus . Debet enim vel fieri vel detrahi testibus fides oratione perpetua , quia sic quisque dictis movetur , ut est ad credendum vel non credendum ante formatus .	How such knowledge may be acquired I shall explain when I come to the appropriate portion of this work. This knowledge will suggest material for the examination and will supply weapons ready to the speaker's hand: it will also indicate to him the points for which the judge's mind must be prepared in the set speech. For it is by the set speech that the credit of witnesses should be established or demolished, since the effect of evidence on the individual judge depends on the extent to which he has been previously influenced in the direction of believing the witness or the reverse. And since there are two classes of witnesses
1371	Et quoniam duo genera sunt testium , aut voluntariorum aut eorum , quibus in iudiciis publicis lege denuntiari solet , quorum altero pars utraque utitur , alterum accusatoribus tantum concessum est , separemus officium dantis testes et refellentis .	those who testify of their own free will and those who are summoned to attend in the public courts of whom the former are available to either party, the latter solely to the accusers, we must distinguish between the duties of the advocate who produces witnesses and the advocate who refutes them.
1372	Qui voluntarium producit , scire quid is dicturus sit potest ; ideoque faciliorem videtur in rogando habere rationem . Sed haec quoque pars acumen ac vigilantiam poscit , providendumque , ne timidus , ne inconstans ,	He who produces a voluntary witness is in a position to know what he is likely to say: consequently the task of examining him would seem to be rendered easier. But even here such cases make a great demand on the acumen and watchfulness of the advocate, who must see that his witness is neither timid, inconsistent nor imprudent.
1373	ne imprudens testis sit ; turbantur enim et a patronis diversae partis inducuntur in laqueos et plus deprehensi nocent quam firmi et interriti profuissent . Multum igitur domi ante versandi , variis percontationibus , quales haberi ab adversario possint , explorandi sunt . Sic fit , ut aut constent sibi aut , si quid titubaverint , opportuna rursus eius a quo producti sunt interrogatione velut in gradum reponantur . In iis quoque adhuc ,	For the opposing counsel have a way of making a witness lose his head or of leading him into some trap; and once a witness trips, he does more harm to his own side than he would have done good, had he retained his composure and presence of mind. The advocate must therefore put his witnesses through their paces thoroughly in private before they appear in court and must test them by a variety of questions such as may well be put to them by his opponent. The result will be that they will not contradict themselves or, if they do make some slip, can be set upon their feet again by a timely question from the advocate who produces them.
1374	qui constiterint sibi , vitandae insidiae ; nam frequenter subiici ab adversario solent et omnia profutura polliciti diversa respondent et auctoritatem habent non arguentium illa , sed confitentium .	Still, even in the case of witnesses whose evidence is consistent, we must be on our guard against treachery. For such witnesses are often put up by one's opponent and, after promising to say everything that will help our case, give answers of exactly the opposite character and carry more weight by the admission of facts which tell against us than they would have done had they disproved them.
1375	Explorandum igitur , quas causas laedendi adversarium adferant ; nec id sat est inimicos fuisse , sed an desierint , an per hoc ipsum reconciliari velint , ne corrupti sint , ne paenitentia propositum mutaverint . Quod cum in iis quoque , qui ea , quae dicturi videntur , re vera sciunt , necessarium est praecavere ; multo magis in iis , qui se dicturos , quae falsa sunt , pollicentur .	We must therefore discover what motives they have for doing our opponent a hurt, and the fact that they were once his enemies will not suffice our purpose: we must find out whether they have ceased to be ill-disposed to him or whether they desire by means of their evidence to effect a reconciliation with him, in order to assure ourselves that they have not been bribed or repented of their previous attitude and changed their purpose. Such precautions are necessary even with witnesses who know that what they propose to say is true; but it is still more necessary with those who promise to give false evidence.
1376	Nam et frequentior eorum paenitentia est et promissum suspectius et , si perseverarint , reprehensio facilior .	For experience shows that they are more likely to repent of their purpose, their promises are less to be relied on, and, if they do keep their promise, their evidence is easier to refute.
1377	Eorum vero , quibus denuntiatur , pars testium est quae reum laedere velit , pars quae nolit , idque interim scit accusator interim nescit . Fingamus in praesentia scire ; in utroque tamen genere summis artibus interrogantis opus est .	Witnesses appearing in answer to a subpoena may be divided into two classes: those who desire to harm the accused, and those who do not. The accuser sometimes is aware of their disposition, sometimes unaware. For the moment let us assume that he is aware of their disposition, although I must point out that in either case the utmost skill is required in their examination.
1378	Nam si habet testem cupidum laedendi , cavere debet hoc ipsum , ne cupiditas eius appareat , nec statim de eo , quod in iudicium venit , rogare , sed aliquo circuitu ad id pervenire , ut illi , quod maxime dicere voluit , videatur expressum ; nec nimium instare interrogationi , ne ad omnia respondendo testis fidem suam minuat , sed in tantum evocare eum , quantum sumere ex uno satis sit .	For if an advocate is producing a witness who is desirous of harming the accused, he must avoid letting this desire become apparent, and must not at once proceed to question him on the point at issue. On the contrary this point must be approached by a circuitous route in such a manner as to make it seem that the statement which the witness is really desirous of making has been forced from him. Again lie should not press the witness too much, for fear he should impair his credit by the glibness with which lie answers every question, but should draw from him just so much as may seem reasonable to elicit from a single witness.
1379	At in eo , qui verum invitus dicturus est , prima felicitas interrogantis extorquere quod is noluerit . Hoc non alio modo fieri potest quam longius interrogatione repetita . Respondebit enim , quae nocere causae non arbitrabitur ; ex pluribus deinde , quae confessus erit , eo perducetur ut quod dicere non vult negare non possit . Nam ,	On the other hand in the case of a witness who is reluctant to tell the truth, the essential for successful examination is to extort the truth against his will This can only be done by putting questions which have all the appearance of irrelevance. If this he done, he will give replies which he thinks can do no harm to the party which he favours, and subsequently will be led on from the admissions which he has made to a position which renders it impossible for him to deny the truth of the facts which he is reluctant to state.
1380	ut in oratione sparsa plerumque colligimus argumenta , quae per se nihil reum aggravare videantur , congregatione deinde eorum factum convincimus , ita huiusmodi testis multa de anteactis , multa de insecutis , loco , tempore , persona , ceteris est interrogandus , ut in aliquod responsum incidat , post quod illi vel fateri quae volumus necesse sit vel iis quae iam dixerit repugnare .	For just as in a set speech we usually collect detached arguments which in themselves seem innocuous to the accused, but taken together prove the case against him, so we must ask the reluctant witness a number of questions relative to acts antecedent or subsequent to the case, places, dates, persons, etcetera, with a view to luring him into some reply which will force him to make the admissions which we desire or to contradict his previous evidence.
1381	Id si non contingit , reliquum erit , ut eum nolle dicere manifestum sit , protrahendusque , ut in aliquo , quod vel extra causam sit , deprehendatur ; tenendus etiam diutius , ut omnia ac plura quam res desiderat pro reo dicendo suspectus iudici fiat ; quo non minus nocebit , quam si vera in reum dixisset .	If this fails, we must content ourselves with making it clear that he is reluctant to tell what he knows, and lead him with a view to tripping him up on some point or other, even though it be irrelevant to the case; we must also keep him in the witness-box for an unusual length of time, so that by saying everything that can be said and more than is necessary on behalf of the accused, he may be rendered suspect to the judge. Thus he will do the accused no less harm than if he had told the truth against him.
1382	At si ( quod secundo loco diximus ) nesciet actor , quid propositi testis attulerit , paulatim et , ut dicitur , pedetentim interrogando experietur animum eius et ad id responsum quod eliciendum erit per gradus ducet .	But if (to proceed to our second supposition) the advocate does not know what the intentions of the witness may be, he must advance gradually inch by inch and sound him by examination and lead him step by step to the particular reply which it is desired to elicit.
1383	Sed , quia nonnunquam sunt hae quoque testium artes , ut primo ad voluntatem respondeant , quo maiore fide diversa postea dicant , est actoris suspectum testem , dum prodest , dimittere .	But since these witnesses are sometimes so artful that their first replies are designed to meet the wishes of the questioner, in order to win all the greater credit when subsequently they answer in a very different way, it will be the duty of the advocate to dismiss a suspect witness while he can still do so with advantage.
1384	Patronorum in parte expeditior , in parte difficilior interrogatio est . Difficilior hoc , quod raro unquam possunt ante indicium scire , quid testis dicturus sit ; expeditior , quod , cum interrogandus est , sciunt quid dixerit .	In the case of advocates for the defence examination is in some respects easier, in some more difficult. It is more difficult because it is rarely possible for them to have any previous knowledge of what the witness is likely to say, and easier because, when they come to cross-examine, they know what he has already said.
1385	Itaque , quod in eo incertum est , cura et inquisitione opus est , quis reum premat , quas et quibus ex causis inimicitias habeat : eaque in oratione praedicenda atque amolienda sunt , sive odio conflatos testes sive invidia sive gratia sive pecunia videri volumus . Et si deficietur numero pars diversa , paucitatem ; si abundabit , conspirationem ; si humiles producet , vilitatem ; si potentes , gratiam oportebit incessere .	Consequently in view of the uncertainty involved, there is need for careful inquiry with a view to discovering the character of the witness against the accused and what are his motives for hostility and what its extent: and all such points about the witness should be set forth in advance and disposed of, whether we desire to represent the evidence against the accused as instigated by hatred, envy, bribery or influence. Further, if our opponents bring forward only a small number of witnesses, we must attack them on that head; if on the other hand they produce an excessive number, we must accuse them of conspiracy: if the witnesses are persons of inconspicuous rank, we must minimise their importance, while if they are powerful, we shall accuse our adversaries of bringing undue influence to bear.
1386	Plus tamen proderit causas , propter quas reum laedant , exponere ; quae sunt variae et pro condicione cuiusque litis aut litigatoris . Nam contra illa , quae supra diximus , simili ratione responderi locis communibus solet , quia ut in paucis atque humilibus accusator simplicitate gloriari potest , quod neminem praeter eos , qui possint scire , quaesierit et multos atque honestos commendare aliquanto est facilius .	It will, however, be still more helpful if we expose the motives which they have for desiring to injure the accused, and these will vary according to the nature of the case and the parties concerned. For the other lines of argument mentioned above are often answered by the employment of commonplaces on similar lines, since the prosecutor, if he produce but few witnesses of inconspicuous rank, can parade the simple honesty of his methods on the ground that he has produced none save those who are in a position to know the real facts, while if he produce a number of distinguished witnesses, it is even easier to commend them to the court.
1387	Verum interim et singulos ut exornare , ita destruere contingit , aut recitatis in actione testimoniis aut testibus nominatis . Quod iis temporibus , quibus testis non post finitas actiones rogabatur , et facilius et frequentius fuit . Quid autem in quemque testium dicendum sit , sumi nisi ex ipsorum personis non potest .	But at times, just as we have to praise individual witnesses, so we may have to demolish them, whether their evidence has been given in documentary form or they have been summoned to appear in person. This was easier and of more frequent occurrence in the days when the examination of the witnesses was not deferred till after the conclusion of the pleading. With regard to what we should say against individual witnesses, no general rules can be laid down: it will depend on the personality of the witness.
1388	Reliquae interrogandi sunt partes . Qua in re primum est nosse testem . Nam timidus terreri , stultus decipi , iracundus concitari , ambitiosus inflari potest ; prudens vero et constans vel tanquam inimicus et pervicax dimittendus statim vel non interrogatione , sed brevi interlocutione patroni refutandus est aut aliquo , si continget , urbane dicto refrigerandus aut , si quid in eius vitam dici poterit , infamia criminum destruendus .	It remains to consider the technique to be followed in the examination of witnesses. The first essential is to know your witness. For a timid witness may be terrorised, a fool outwitted, an irascible man provoked, and vanity flattered. The shrewd and self-possessed witness, on the other hand, must be dismissed at once as being malicious and obstinate; or refuted, not by cross-examination, but by a brief speech from the counsel for the defence; or may be put out of countenance by some jest, if a favourable opportunity presents itself; or, if his past life admits of criticism, his credit may be overthrown by the scandalous charges which can be brought against him.
1389	Probos quosdam et verecundos non aspere incessere profuit ; nam saepe , qui adversus insectantem pugnassent , modestia mitigantur . Omnis autem interrogatio aut in causa est aut extra causam . In causa , sicut accusatori praecepimus , patronus quoque altius et unde nihil suspecti sit repetita percontatione , priora sequentibus applicando saepe eo perducit homines , ut invitis quod prosit extorqueat .	It has been found advantageous at times when confronted with an honest and respectable witness to refrain from pressing him hard, since it is often the case that those who would have defended themselves manfully against attack are mollified by courtesy. But every question is either concerned with the case itself or with something outside the case. As regards the first type of question counsel for the defence may, by adopting a method which I have already recommended for the prosecutor, namely by commencing his examination with questions of an apparently irrelevant and innocent character and then by comparing previous with subsequent replies, frequently lead witnesses into such a position that it becomes possible to extort useful admissions from them against their will.
1390	Eius rei sine dubio neque disciplina ulla in scholis neque exercitatio traditur , et naturali magis acumine aut usu contingit haec virtus . Si quod tamen exemplum ad imitationem demonstrandum sit , solum est , quod ex dialogis Socraticorum maximeque Platonis duci potest ; in quibus adeo scitae sunt interrogationes , ut , cum plerisque bene respondeatur , res tamen ad id quod volunt efficere perveniat .	The schools, it is true, give no instruction either as to theory or practice in this subject, and skill in examination comes rather from natural talent or practice. If, however, I am asked to point out a model for imitation, I can recommend but one, namely that which may be found in the dialogues of the Socratics and more especially of Plato, in which the questions put are so shrewd that although individually as a rule the answers are perfectly satisfactory to the other side, yet the questioner reaches the conclusion at which he is aiming.
1391	Illud fortuna interim praestat , ut aliquid , quod inter se parum consentiat , a teste dicatur ; interim , quod saepius evenit , ut testis testi diversa dicat . Acuta autem interrogatio ad hoc , quod casu fieri solet ,	Fortune sometimes is so kind that a witness gives an answer involving some inconsistency, while at times (and this is a more frequent occurrence) one witness contradicts another. But acute examination methodically conducted will generally reach the same result which is so often reached by chance.
1392	etiam ratione perducet . Extra causam quoque multa , quae prosint , rogari solent , de vita testium aliorum , de sua quisque , si turpitudo , si humilitas , si amicitia accusatoris , si inimicitiae cum reo , in quibus aut dicant aliquid quod prosit , aut in mendacio vel cupiditate laedendi deprehendantur . Sed in primis interrogatio cum debet esse circumspecta ,	There are also a number of points strictly irrelevant to the case on which questions may be put with advantage. We may for example ask questions about the past life of other witnesses or about the witness' own character, with a view to discovering whether they can be charged with some disgraceful conduct, or degrading occupation, with friendship with the prosecutor or hostility toward the accused, since in replying to such questions they may say something which will help our cause or may be convicted of falsehood or of a desire to injure the accused. But above all our examination must be circumspect,
1393	quia multa contra patronos venuste testis saepe respondet , eique praecipue vulgo favetur ; tum verbis quam maxime ex medio sumptis , ut qui rogatur ( is autem est saepius imperitus ) intelligat aut ne intelligere se neget , quod interrogantis non leve frigus est .	since a witness will often launch some smart repartee in answering counsel for the defence and thereby win marked favour from the audience in general. Secondly, we must put our questions as far as possible in the language of everyday speech that the witness, who is often an uneducated man, may understand our meaning, or at any rate may have no opportunity of saying that he does not know what we mean, a statement which is apt to prove highly disconcerting to the examiner.
1394	Illae vero pessimae artes , testem subornatum in subsellia adversarii mittere , ut inde excitatus plus noceat vel dicendo contra reum cum quo sederit , vel , cum adiuvisse testimonio videbitur , faciendo ex industria multa immodeste atque intemperanter , per quae non a se tantum dictis detrahat fidem , sed ceteris quoque , qui profuerant , auferat auctoritatem ; quorum mentionem habui , non ut fierent , sed ut vitarentur . Saepe inter se collidi solent inde testatio hinc testes ; locus utrinque ; haec enim se pars iureiurando , ilia consensa signantium tuetur .	I must however express the strongest disapproval of the practice of sending a suborned witness to sit on the benches of the opposing party, in order that on being called into the witness-box from that quarter he may thereby do all the more damage to the case for the accused by speaking against the party with whose adherents he was sitting or, while appearing to help him by his testimony, deliberately giving his evidence in such an extravagant and exaggerated manner, as not only to detract from the credibility of his own statements, but to annul the advantage derived from the evidence of those who were really helpful. I mention this practice not with a view to encourage it, but to secure its avoidance. Documentary evidence is not frequently in conflict with oral. Such a circumstance may be turned to advantage by either side. For one party will rest its case on the fact that the witness is speaking on oath, the other on the unanimity of the signatories.
1395	Saepe inter testes et argumenta quaesitum est . Inde scientiam in testibus et religionem , ingenia esse in argumentis dicitur ; hinc testem gratia , metu , pecunia , ira , odio , amicitia , ambitu fieri ; argumenta ex natura duci , in his iudicem sibi , in illis alii credere .	Again there is often a conflict between the evidence and the arguments. One party will argue that the witnesses know the facts and are bound by the sanctity of their oath, while the arguments are nought but ingenious juggling with the facts. The other party will argue that witnesses are procured by influence, fear, money, anger, hatred, friendship, or bribery, whereas arguments are drawn from nature; in giving his assent to the latter the judge is believing the voice of his own reason, in accepting the former he is giving credence to another.
1396	Communia haec pluribus causis , multumque iactata sunt et semper tamen iactabuntur . Aliquando utrinque sunt testes , et quaestio sequitur ex ipsis , utri meliores viri ; ex causis , utri magis credibilia dixerint ; ex litigatoribus , utri gratia magis valuerint .	Such problems are common to a number of cases, and are and will always be the subject of vehement debate. Sometimes there are witnesses on both sides and the question arises with regard to themselves as to which are the more respectable in character, or with regard to the case, which have given the more credible evidence, with regard to the parties to the case, which has brought the greater influence to bear on the witnesses.
1397	His adiicere si qui volet ea , quae divina testimonia vocant , ex responsis , oraculis , ominibus , duplicem sciat esse eorum tractatum ; generalem alterum , in quo inter Stoicos et Epicuri sectam secutos pugna perpetua est , regaturne providentia mundus ; specialem alterum circa partes divinationis , ut quaeque in quaestionem cadit .	If to this kind of evidence anyone should wish to add evidence of the sort known as supernatural, based on oracles, prophecies and omens, I would remind him that there are two ways in which these may be treated. There is the general method, with regard to which there is an endless dispute between the adherents of the Stoics and the Epicureans, as to whether the world is governed by providence. The other is special and is concerned with particular departments of the art of divination, according as they may happen to affect the question at issue.
1398	Aliter enim oraculorum aliter haruspicum augurum , coniectorum , mathematicorum fides confirmari aut refelli potest , cum sit rerum ipsarum ratio diversa . Circa eiusmodi quoque instrumenta firmanda vel destruenda multum habet operis oratio , si quae sint voces per vinum , somnum , dementiam emissae , vel excepta parvulorum indicia , quos pars altera nihil fingere , altera nihil iudicare dictura est . Nec tantum praestari hoc genus potenter ,	For the credibility of oracles may be established or destroyed in one way, and that of soothsayers, augurs, diviners and astrologers in another, since the two classes differ entirely in nature. Again the task of establishing or demolishing such evidence as the following will give the orator plenty to do; as for example if certain words have been uttered under the influence of wine, in sleep or in a fit of madness, or if information has been picked up from the mouths of children, whom the one party will assert to be incapable of invention, while the other will assert that they do not know what they are saying.
1399	sed etiam , ubi non est , desiderari solet : Pecuniam dedisti ; quis numeravit ? ubi ? unde ? Venenum arguis ; ubi emi ? a quo ? quanti ? per quem dedi ? quo conscio ? Quae fere omnia pro Cluentio Cicero in crimine veneficii excutit . Haec de inartificialibus quam brevissime potui .	The following method may not merely be used with great effect, but may even be badly missed when it is not employed. You gave me the money. Who counted it out? Where did this occur and from what source did the money come? You accuse me of poisoning. Where did I buy the poison and from whom? What did I pay for it and whom did I employ to administer it? Who was my accomplice? Practically all these points are discussed by Cicero in dealing with the charge of poisoning in the pro Cluentio. This concludes my observations upon inartificial proofs. I have stated them as briefly as I could.
1400	Pars altera probationum , quae est tota in arte constatque rebus ad faciendam fidem appositis , plerumque aut omnino negligitur aut levissime attingitur ab iis , qui argumenta velut horrida et confragosa vitantes amoenioribus locis desident , neque aliter quam ii , qui traduntur a poetis gustu cuiusdam apud Lotophagos graminis et Sirenum cantu deleniti voluptatem saluti praetulisse , dum laudis falsam imaginem persequuntur , ipsa , propter quam dicitur , victoria cedunt .	The second class of proofs are wholly the work of art and consist of matters specially adapted to produce belief. They are, however, as a rule almost entirely neglected or only very lightly touched on by those who, avoiding arguments as rugged and repulsive things, confine themselves to pleasanter regions and, like those who, as poets tell, were bewitched by tasting a magic herb in the land of the Lotus-eaters or by the song of the Sirens into preferring pleasure to safety, follow the empty semblance of renown and are robbed of that victory which is the aim of eloquence.
1401	Atqui cetera , quae continuo magis orationis tractu decurrunt , in auxilium atque ornamentum argumentorum comparantur , nervisque illis , quibus causa continetur , adiiciunt inducti super corporis speciem : ut , si forte quid factum ira vel metu vel cupiditate dicatur , latius , quae cuiusque adfectus natura sit , prosequamur . Iisdem laudamus , incusamus , augemus , minuimus , describimus , deterremus , querimur , consolamur , hortamur .	And yet those other forms of eloquence, which have a more continuous sweep and flow, are employed with a view to assisting and embellishing the arguments and produce the appearance of super inducing a body upon the sinews, on which the whole case rests; thus if it is asserted that some act has been committed under the influence of anger, fear or desire, we may expatiate at some length on the nature of each of these passions. It is by these same methods that we praise, accuse, exaggerate, attenuate, describe, deter, complain, console or exhort.
1402	Sed horum esse opera in rebus aut certis aut de quibus tanquam certis loquimur potest . Nec abnuerim esse aliquid in delectatione , multum vero in commovendis adfectibus ; sed haec ipsa plus valent , cum se didicisse iudex putat , quod consequi nisi argumentatione aliaque omni fide rerum non possumus .	But such rhetorical devices may be employed in connexion with matters about which there is no doubt or at least which we speak of as admitted facts. Nor would I deny that there is some advantage to be gained by pleasing our audience and a great deal by stirring their emotions. Still, all these devices are more effective, when the judge thanks he has gained a full knowledge of the facts of the case, which we can only give him by argument and by the employment of every other known means of proof.
1403	Quorum priusquam partiamur species , indicandum est esse quaedam in omni probationum genere communia . Nam neque ulla quaestio est , quae non sit aut in re aut in persona ; neque esse argumentorum loci possunt nisi in iis , quae rebus aut personis accidunt ,	Before, however, I proceed to classify the various species of artificial proof, I must point out that there are certain features common to all kinds of proof. For there is no question which is not concerned either with things or persons, nor can there be any ground for argument save in connexion with matters concerning things or persons, which may be considered either by themselves or with reference to something else;
1404	eaque aut per se inspici solent aut ad aliud referri ; nec ulla confirmation nisi aut ex consequentibus aut ex repugnantibus , et haec necesse est aut ex praeterito tempore aut ex coniuncto aut ex insequenti petere ; nec ulla res probari nisi ex alia potest , eaque sit oportet aut maior aut par aut minor .	while there can be no proof except such as is derived from things consequent or things opposite, which must be sought for either in the time preceding, contemporaneous with or subsequent to the alleged fact, nor can any single thing be proved save by reference to something else which must be greater, less than or equal to it.
1405	Argumenta vero reperiuntur aut in quaestionibus , quae etiam separatae a complexu rerum personarumque spectari per se possint , aut in ipsa causa , cum invenitur aliquid in ea non ex communi ratione ductum , sed eius iudicii , de quo cognoscitur , proprium . Probationum praeterea omnium aliae sunt necessariae , aliae credibiles , aliae non repugnantes .	As regards arguments, they may be found either in the questions raised by the case, which may be considered by themselves quite apart from any connexion with individual things or persons, or in the case itself, when anything is discovered in it which cannot be arrived at by the light of common reason, but is peculiar to the subject on which judgment has to be given. Further, all proofs fall into three classes, necessary, credible, and not impossible.
1406	Et adhuc omnium probationum quadruplex ratio est , ut vel quia est aliquid , aliud non sit ; ut Dies est , nox non est ; vel quia est aliquid , et aliud sit : Sol est supra terram , dies est ; vel quia aliquid non est , aliud sit : Nox non est , dies est ; vel quia aliquid non est , nec aliud sit : Non est rationalis , nec homo est . His in universum praedictis partes subiiciam .	Again there are four forms of proof. First, we may argue that, because one thing is, another thing is not; as It is day and therefore not night. Secondly, we may argue that, because one thing is, another thing is; as The sun is risen, thereit is day. Thirdly, it may be argued that because one thing is not, another thing is; as It is not night, therefore it is day. Finally, it may be argued that, because one thing is not, another thing is not; as He is not a reasoning being, therefore he is not a man. These general remarks will suffice by way of introduction and I will now proceed to details.