Institutio Oratoria (Quintilian)

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	Institutio Oratoria Author: Quintilian	Translator: Harold Edgeworth Butler
2205	Alterum est , in quo alia integro verbo significatio est , alia diviso , ut ingenua et armamentum et Corvinum , ineptae sane cavillationis , ex qua tamen Graeci controversias ducunt : inde enim αὐλητρίς illa vulgata , cum quaeritur , utrum aula , quae ter ceciderit , an tibicina , si ceciderit , debeat publicari .	There is another form of ambiguity where a word has one meaning when entire and another when divided, as, for example, ingenua, armameniam or Corvinum. The disputes arising from such ambiguities are no more than childish quibbles, but nevertheless the Greeks are in the habit of making them the subject for controversial themes, as, for example, in the notorious case of the αὐλητρίς, when the question is whether it is a hall which has fallen down three times ( αὔλη τρίς ) or a flute-player who fell down that is to be sold.
2206	Tertia est ex compositis , ut si quis corpus suum in culto loco poni iubeat , circaque monumentum multum agri ab heredibus in tutelam cinerum , ut solent , leget , sit litis occasio cultum locum dixerit an incultum .	A third form of ambiguity is caused by the use of compound words; for example, if a man orders his body to be buried in a cultivated spot, and should direct, as is often done, a considerable space of land surrounding his tomb to be taken from the land left to his heirs with a view to preserving his ashes from outrage, an occasion for dispute may be afforded by the question whether the words mean "in a cultivated place" ( in culto loco ) or "in an uncultivated place" ( inculto loco ).
2207	Sic apud Graecos contendunt Λέων et Πανταλέων , cum scriptura dubia est , bona omnia Λέοντι an bona Πανταλέοντι relicta sint . In coniunctis plus ambiguitatis est . Fit autem per casus , ut " Aio te , Aeacida , Romanos sincere posse . "	Thus arises the Greek theme about Leon and Pantaleon, who go to law because the handwriting of a will makes it uncertain whether the testator has left all his property to Leon or his property to Pantaleon. Groups of words give rise to more serious ambiguity. Such ambiguity may arise from doubt as to a case, as in the following passage: — "I say that you, O prince of Aeacus' line, Rome can o'erthrow." Or it may arise from the arrangement of the words,
2208	Per collocationem , ubi dubium est , quid quo referri oporteat , ac frequentissime , cum quidem medium est , cum utrinque possit trahi , ut de Troilo Vergilius , Lora tenens tamen . Hic , utrum teneat tamen lora an , quamvis teneat , tamen trahatur , quaeri potest . Unde controversia illa ,	which makes it doubtful what the exact reference of some word or words may be, more especially when there is a word in the middle of the sentence which may be referred either to what precedes or what follows, as in the line of Virgil which describes Troilus as "lora tenens tamen," where it may be disputed whether the poet means that he is still holding the reins, or that, although he holds the reins, he is still dragged along.
2209	Testamento quidam iussit poni statuam auream hastam tenentem . Quaeritur , statua hastam tenens aurea esse debeat an hasta esse aurea in statua alterius materiae ? Fit per flexum idem magis : Quinquaginta ubi erant centum inde occidit Achilles . Saepe ,	The controversial theme, " A certain man in his will ordered his heirs to erect statuam auream hastam tenentem,'" turns on a similar ambiguity; for it raises the question whether it is the statue holding the spear which is to be of gold, or whether the spear should be of gold and the statue of some other material. The same result is even more frequently produced by a mistaken inflexion of the voice, as in the line: " quinquaginta uhi erant centum inde occidit Achilles. "
2210	utri duorum antecedentium sermo subiunctus sit , in dubio est : unde et controversia , Heres meus uxori meae dare damnas esto argenti quod elegerit pondo centum . Uter eligat , quaeritur . Verum id , quod ex his primum est , mutatione casuum , sequens divisione verborum aut translatione emendatur , tertium adiectione .	It is also often doubtful to which of two antecedents a phrase is to be referred. Hence we get such controversial themes as, "My heir shall be bound to give my wife a hundred pounds of silver according to choice," where it is left uncertain which of the two is to make the choice. But in these examples of ambiguity, the first may be remedied by a change of case, the second by separating 1 the words or altering their position, the third by some addition.
2211	Accusativi geminatione facta amphibolia solvitur ablativo , ut illud , Lachetem audivi percussisse Demean . fiat a Lachete percussum Demean . Sed ablativo ipsi , ut in primo diximus , inest naturalis amphibolia . Caelo decurrit aperto : utrum per apertum caelum , an cum apertum esset .	Ambiguity resulting from the use of two accusatives may be removed by the substitution of the ablative: for example, Lachetem audivi percussisse Demeam (I heard that Demea struck Laches, or that L. struck D.) may be rendered clear by writing a Lachete percussum Demeam (that D. was struck by L.). There is, however, a natural ambiguity in the ablative case itself, as I pointed out in the first book. For example, caelo decurrit aperto leaves it doubtful whether the poet means he hastened down "through the open sky," or "when the sky was opened for him to pass."
2212	Divisio respiratione et mora constat : statuam , deinde auream hastam ; vel statuam auream , deinde hastam . Adiectio talis est , argentum , quod elegerit ipse , ut heres intelligatur , vel ipsa , ut uxor . Adiectione facta amphibolia , qualis sit , Nos flentes illos deprehendimus , detractione solvetur .	Words may be separated by a breathing space or pause. We may, for instance, say statuam, and then, after a slight pause, add auream hastam, or the pause may come between statuam auream and haslam. The addition referred to above would take the form quod elegerit ipse, where ipse will show that the reference to the heir, or quod elegerit ipsa, making the reference to the wife. In cases where ambiguity is caused by the addition of a word, the difficulty may be eliminated by the removal of a word, as in the sentence nos flentes illos deprehendimus.
2213	Pluribus verbis emendandum , ubi est id , quod quo referatur dubium est , et ipsum est ambiguum . Heres meus dare illi damnas esto omnia sua . In quod genus incidit Cicero loquens de C . Fannio ; Is soceri instituto , quem , quia cooptatus in augurum collegium non erat , non admodum diligebat , praesertim cum ille Q . Scaevolam sibi minorem natu generum praetulisset . Nam sibi et ad socerum referri et ad Fannium potest .	Where it is doubtful to what a word or phrase refers, and the word or phrase itself is ambiguous, we shall have to alter several words, as, for example, in the sentence, " My heir shall be bound to give him all his own property, " where "his own" is ambiguous. Cicero commits the same fault when he says of Gaius Fannius, " He following the instructions of his father-in-law, for whom, because he had not been elected to the college of augurs, he had no great affection, especially as he had given Quintus Scaevola, the younger of his sons-in-law, the preference over himself. . " For over himself may refer either to his father-in-law or to Fannius.
2214	Productio quoque in scripto et correptio in dubio relicta causa est ambiguitatis , ut in hoc , Cato . Aliud enim ostendit brevis secunda syllaba casu nominativo , aliud eadem syllaba producta casu dativo aut ablativo . Plurimae praeterea sunt aliae species , quas persequi nihil necesse est .	Again, another source of ambiguity arises from leaving it doubtful in a written document whether a syllable is long or short. Cato, for example, means one thing in the nominative when its second syllable is short, and another in the dative or ablative when the same syllable is long. There are also a number of other forms of ambiguity which it is unnecessary for me to describe at length.
2215	Nec refert , quo modo sit facta amphibolia aut quo resolvatur . Duas enim res significari manifestum est et , quod ad scriptum vocemve pertinet , in utramque partem par est . Ideoque frustra praecipitur , ut in hoc statu vocem ipsam ad nostram partem conemur vertere . Nam , si id fieri potest , amphibolia non est . Amphiboliae autem omnis erit in his quaestio ;	Further, it is quite unimportant how ambiguity arises or how it is remedied. For it is clear in all cases that two interpretations are possible, and as far as the written or spoken word is concerned, it is equally important for both parties. It is therefore a perfectly futile rule which directs us to endeavour, in connexion with this basis, to turn the word in question to suit our own purpose, since, if this is feasible, there is no ambiguity.
2216	aliquando , uter sit secundum naturam magis sermo , semper , utrum sit aequius , utrum is , qui scripsit ac dixit , voluerit . Quarum in utramque partem satis ex his , quae de coniectura et qualitate diximus , praeceptum est .	In cases of ambiguity the only questions which confront us will be, sometimes which of the two interpretations is most natural, and always which interpretation is most equitable, and what was the intention of the person who wrote or uttered the words. I have, however, given sufficient instructions in the course of my remarks on conjecture and quality, as to the method of treating such questions, whether by the prosecution or the defence.
2217	Est autem quaedam inter hos status cognatio . Nam et in finitione , quae sit voluntas nominis , quaeritur , et in syllogismo , qui secundus a finitione status est , spectatur quid voluerit scriptor ; et contrarias leges duos esse scripti et voluntatis status apparet . Rursus et finitio quodammodo est amphibolia , cum in duas partes diducatur intellectus nominis .	There is, however, a certain affinity between all these bases. For in definition we enquire into the meaning of a term, and in the syllogism, which is closely connected with definition, we consider what was the meaning of the writer, while it is obvious that in the case of contrary laws there are two bases, one concerned with the letter, and the other with the intention. Again, definition is in itself a kind of ambiguity, since it brings out two meanings in the same term.
2218	Scriptum et voluntas habet in verbis iuris quaestionem , quod idem antinomia petitur . Ideoque omnia haec quidam scriptum et voluntatem esse dixerunt , alii in scripto et voluntate amphiboliam esse , quae facit quaestionem . Sed distincta sunt ; aliud est enim obscurum ius , aliud ambiguum .	The basis concerned with the letter and the intention of the law involves a legal question as regards the interpretation of the words, which is identical with the question arising out of contrary laws. Consequently some writers have asserted that all these bases may be resolved into those concerned with the letter and intention, while others hold that in all cases where the letter and the intention of a document have to be considered, it is ambiguity that gives rise to the question at issue. But all these bases are really distinct, for an obscure point of law is not the same as an ambiguous point of law. Definition, then,
2219	Igitur finitio in natura ipsa nominis quaestionem habet generalem , et quae esse etiam citra complexum causae possit ; scriptum et voluntas de eo disputat iure quod est in lege , syllogismus de eo quod non est . Amphiboliae lis in diversum trahit , legum contrariarum ex diverso pugna est .	involves a general question as to the actual nature of a term, a question which may conceivably have no connexion whatsoever with the content of the case in point. In investigations as to the letter and the intention, the dispute turns on the provisions contained in the law, whereas the syllogism deals with that which is not contained in the law. In disputes arising out of ambiguity we are led from the ambiguous phrase to its conflicting meanings, whereas in the case of contrary laws the fight starts from the conflict of their provisions.
2220	Neque immerito et recepta est a doctissimis haec differentia et apud plurimos ac prudentissimos durat . Et de hoc quidem genere dispositionis , etiamsi non omnia , tradi tamen aliqua potuerunt .	The distinction between these bases has therefore been rightly accepted by the most learned of rhetoricians, and is still adopted by the majority and the wisest of the teachers of to-day. It has not been possible in this connexion to give instructions which will cover the arrangement to be adopted in every case, though I have been able to give some.
2221	Sunt alia quae , nisi proposita de qua dicendum est materia , viam docendi non praebeant . Non enim causa tantum universa in quaestiones ac locos diducenda est , sed hae ipsae partes habent rursus ordinem suum . Nam et in prooemio primum est aliquid et secundum ac deinceps , et quaestio omnis ac locus habet suam dispositionem ut theses etiam simplices . Nisi forte satis erit dividendi peritus ,	There are other details concerning which I can give no instructions without a statement of the particular case on which the orator has to speak. For not only must the whole case be analysed into its component topics and questions, but these subdivisions themselves require to be arranged in the order which is appropriate to them. For example, in the exordium each part has its own special place, first, second and third, etc., while each question and topic requires to be suitably arranged, and the same is true even of isolated general questions.
2222	qui controversiam in haec diduxerit , an omne praemium viro forti dandum sit , an ex privato , an nuptiae , an eius quae nupta sit , an hae ; deinde , cum fuerit de prima quaestione dicendum , passim et ut quidque in mentem veniet miscuerit , non primum in ea scierit esse tractandum ,	For it will not, I imagine, be represented that sufficient skill in division is possessed by the man who, after resolving a controversial theme into questions such as the following, whether a hero is to be granted any reward that he may claim, whether he is allowed to claim private property, whether he may demand any woman in marriage, whether he may claim to marry a woman who already possesses a husband, or this particular woman, then, although it is his duty to deal with the first question first, proceeds to deal with them indiscriminately as each may happen to occur to him, and ignores the fact that the first point which should be discussed is whether we should stand by the letter or the intention of the law, and fails to follow the natural order,
2223	verbis legis standum sit an voluntate , huius ipsius particulae aliquod initium fecerit , deinde proxima subnectens struxerit orationem , ut pars hominis est manus , eius digiti , illorum quoque articuli . Hoc est quod scriptor demonstrare non possit , nisi certa definitaque materia .	which demands that after beginning with this question he should then proceed to introduce the subsidiary questions, thereby making the structure of his speech as regular as that of the human body, of which, for example, the hand is a part, while the fingers are parts of the hand, and the joints of the fingers. It is precisely this method of arrangement which it is impossible to demonstrate except with reference to some definite and specific case.
2224	Sed quid una faciet aut altera , quin immo centum ac mille in re infinita ? Praeceptoris est , in alio atque alio genere cotidie ostendere , quis ordo sit rerum et quae copulatio , ut paulatim fiat usus et ad similia transitus . Tradi enim omnia , quae ars efficit , non possunt . Nam quis pictor omnia ,	But it is clearly useless to take one or two cases, or even a hundred or a thousand, since their number is infinite. It is the duty of the teacher to demonstrate daily in one kind of case after another what is the natural order and connexion of the parts, so that little by little his pupils may gain the experience which will enable them to deal with other cases of the same character. For it is quite impossible to teach everything that can be accomplished by art.
2225	quae in rerum natura sunt , adumbrare didicit ? sed percepta semel imitandi ratione adsimulabit quidquid acceperit . Quis non faber vasculum aliquod , quale nunquam viderat , fecit ?	For example, what painter has ever been taught to reproduce everything in nature? But once he has acquired the general principles of imitation, he will be able to copy whatever is given him. What vase-maker is there who has not succeeded in producing a vase of a type which he had never previously seen?
2226	Quaedam vero non docentium sunt , sed discentium . Nam medicus , quid in quoque valetudinis genere faciendum sit , quid quibusque signis providendum , docebit ; vim sentiendi pulsus venarum , coloris modos , spiritus meatum , caloris distantiam , quae sui cuiusque sunt ingenii , non dabit . Quare plurima petamus a nobis et cum causis deliberemus cogite musque homines ante invenisse artem quam docuisse . Illa enim potentissima est ,	There are, however, some things which depend not on the teacher, but on the learner. For example, a physician will teach what treatment should be adopted for different diseases, what the dangers are against which he must be on his guard, and what the symptoms by which they may be recognised. But he will not be able to communicate to his pupil the gift of feeling the pulse, or appreciating the variations of colour, breathing and temperature: this will depend on the talent of the individual. Therefore, in most instances, we must rely on ourselves, and must study cases with the utmost care, never forgetting that men discovered our art before ever they proceeded to teach it.
2227	quaeque vere dicitur oeconomica totius causae dispositio , quae nullo modo constitui nisi velut in re praesente potest : ubi adsumendum prooemium , ubi omittendum , ubi utendum expositione continua , ubi partita , ubi ab initiis incipiendum , ubi more Homerico e mediis vel ultimis , ubi omnino non exponendum ,	For the most effective, and what is justly styled most economical arrangement of a case as a whole, is that which cannot be determined except when we have the specific facts before us. It consists in the power to determine when the exordium is necessary and when it should be omitted; when we should make our statement of facts continuous, and when we should subdivide it; when we should begin at the very beginning, when, like Homer, start at the middle or the end;
2228	quando a nostris , quando ab adversariorum propositionibus incipiamus , quando a firmissimis probationibus , quando a levioribus ; qua in causa praeponendae prooemiis quaestiones , qua praeparatione praemuniendae , quid iudicis animus accipere possit statim dictum , quo paulatim deducendus , singulis an universis opponenda refutatio , reservandi perorationi an per totam actionem diffundendi adfectus , de iure prius an de aequitate dicendum ; anteacta crimina an de quibus iudicium est prius obiicere vel diluere conveniat ;	when we should omit the statement of facts altogether; when we should begin by dealing with the arguments advanced by our opponents, and when with our own; when we should place the strongest proofs first and when the weakest; in what cases we should prefix questions to the exordium, and what preparation is necessary to pave the way for these questions; what arguments the judge will accept at once, and to what he requires to be led by degrees; whether we should refute our opponent's arguments as a whole or in detail; whether we should reserve emotional appeals for the peroration or distribute them throughout the whole speech; whether we should speak first of law or of equity; whether we should first advance (or refute) charges as to past offences or the charges connected with the actual trial;
2229	si multiplices causae erunt , quis ordo faciendus , quae testimonia tabulaeve cuiusque generis in actione recitandae , quae reservandae . Haec est velut imperatoria virtus copias suas partientis ad casus proeliorum , retinentis partes per castella tuenda custodiendasve urbes , petendos commeatus , obsidenda itinera , mari denique ac terra dividentis . Sed haec in oratione praestabit ,	or, again, if the case is complicated, what order we should adopt, what evidence or documents of any kind should be read out in the course of our speech, and what reserved for a later stage. This gift of arrangement is to oratory what generalship is to war. The skilled commander will know how to distribute his forces for battle, what troops he should keep back to garrison forts or guard cities, to secure supplies, or guard communications, and what dispositions to make by land and by sea.
2230	cui omnia adfuerint , natura , doctrina , studium . Quare nemo exspectet , ut alieno tantum labore sit disertus . Vigilandum , durandum , enitendum , pallendum est , facienda sua cuique vis , suus usus , sua ratio , non respiciendum ad haec , sed in promptu habenda , nec tanquam tradita sed tanquam innata .	But to possess this gift, our orator will require all the resources of nature, learning and industrious study. Therefore let no man hope that he can acquire eloquence merely by the labour of others. He must burn the midnight oil, persevere to the end and grow pale with study: he must form his own powers, his own experience, his own methods: he must not require to hunt for his weapons, but must have them ready for immediate use, as though they were born with him and not derived from the instruction of others.
2231	Nam via demonstrari potest , velocitas sua cuique est ; verum ars satis praestat , si copias eloquentiae ponit in medio ; nostrum est uti eis scire .	The road may be pointed out, but our speed must be our own. Art has done enough in publishing the resources of eloquence, it is for us to know how to use them.
2232	Neque enim partium est demum dispositio , sed in his ipsis primus aliquis sensus et secundus et tertius ; qui non modo ut sint ordine collocati , laborandum est , sed ut inter se vincti atque ita cohaerentes , ne commissura perluceat ; corpus sit , non membra .	And it is not enough merely to arrange the various parts: each several part has its own internal economy, according to which one thought will come first, another second, another third, while we must struggle not merely to place these thoughts in their proper order, but to link them together and give them such cohesion that there will be no trace of any suture: they must form a body, not a congeries of limbs.
2233	Quod ita continget , si et quid cuique conveniat viderimus et verba verbis applicarimus non pugnantia , sed quae invicem complectantur . Ita res non diversae distantibus ex locis quasi invicem ignotae collidentur , sed aliqua societate cum prioribus ac sequentibus copulatae tenebuntur , ac videbitur non solum composita oratio , sed etiam continua . Verum longius fortasse progredior fallente transitu et a dispositione ad elocutionis praecepta labor , quae proximus liber inchoabit .	This end will be attained if we note what best suits each position, and take care that the words which we place together are such as will not clash, but will mutually harmonise. Thus different facts will not seem like perfect strangers thrust into uncongenial company from distant places, but will be united with what precedes and follows by an intimate bond of union, with the result that our speech will give the impression not merely of having been put together, but of natural continuity. I fear, however, that I have been lured on from one thing to another and have advanced somewhat too far, since I find myself gliding from the subject of arrangement to the discussion of the general rules of style, which will form the opening theme of the next book.
2234	Liber VIII His fere , quae in proximos quinque libros collata sunt , ratio inveniendi atque inventa disponendi continetur , quam ut per omnes numeros penitus cognoscere ad summam scientiae necessarium est , ita incipientibus brevius ac simplicius tradi magis convenit .	Book VIII THE observations contained in the preceding five books approximately cover the method of invention and the arrangement of the material thus provided. It is absolutely necessary to acquire a thorough knowledge of this method in all its details, if we desire to become accomplished orators, but a simpler and briefer course of instruction is more suitable for beginners.
2235	Aut enim difficultate institutionis tam numerosae atque perplexae deterreri solent , aut eo tempore , quo praecipue alenda ingenia atque indulgentia quadam enutrienda sunt , asperiorum tractatu rerum atteruntur , aut , si haec sola didicerunt , satis se ad eloquentiam instructos arbitrantur , aut quasi ad certas quasdam dicendi leges adligati conatum omnem reformidant .	For they tend either to be deterred from study by the difficulties of so detailed and complicated a course, or lose heart at having to attempt tasks of such difficulty just at the very period when their minds need special nourishment and a more attractive form of diet, or think that when they have learned this much and no more, they are fully equipped for the tasks of eloquence, or finally, regarding themselves as fettered by certain fixed laws of oratory, shrink from making any effort on their own initiative.
2236	Unde existimant accidisse ut , qui diligentissimi artium scriptores exstiterint , ab eloquentia longissime fuerint . Via tamen opus est incipientibus , sed ea plana et cum ad ingrediendum tum ad demonstrandum expedita . Eligat itaque peritus ille praeceptor ex omnibus optima et tradat ea demum in praesentia quae placet , remota refutandi cetera mora . Sequentur enim discipuli , quo duxeris .	Consequently, it has been held that those who have exercised the greatest care in writing text-books of rhetoric have been the furthest removed from genuine eloquence. Still, it is absolutely necessary to point out to beginners the road which they should follow, though this road must be smooth and easy not merely to enter, but to indicate. Consequently, our skilful instructor should select all that is best in the various writers on the subject and content himself for the moment with imparting those precepts of which he approves, without wasting time over the refutation of those which he does not approve. For thus your pupils will follow where you lead.
2237	Mox cum robore dicendi crescet etiam eruditio . Iidem primo solum iter credant esse in quod inducentur , mox illud cognituri etiam optimum . Sunt autem neque obscura neque ad percipiendum difficilia quae scriptores diversis opinionibus pertinaciter tuendis involverunt .	Later, as they acquire strength in speaking, their learning will grow in proportion. To begin with, they may be allowed to think that there is no other road than that on which we have set their feet, and it may be left to time to teach them what is actually the best. It is true that writers on rhetoric have, by the pertinacity with which they have defended their opinions, made the principles of the science which they profess somewhat complicated; but these principles are in reality neither obscure nor hard to understand.
2238	Itaque in toto artis huiusce tractatu difficilius est iudicare quid doceas quam , cum iudicaris , docere , praecipueque in duabus his partibus perquam sunt pauca , circa quae si is qui instituitur non repugnaverit , pronum ad cetera habiturus est cursum .	Consequently, if we regard the treatment of the art as a whole, it is harder to decide what we should teach than to teach it, once the decision has been made. Above all, in the two departments which I have mentioned, the necessary rules are but few in number, and if the pupil gives them ready acceptance, he will find that the path to further accomplishment presents no difficulty.
2239	Nempe enim plurimum in hoc laboris exhausimus , ut ostenderemus rhetoricen bene dicendi scientiam et utilem et artem et virtutem esse ; materiam eius res omnes de quibus dicendum esset ; eas in tribus fere generibus , demonstrativo , deliberative , iudicialique reperiri ; orationem porro omnem constare rebus et verbis ; in rebus intuendam inventionem , in verbis elocutionem , in utroque collocationem , quae memoria conplecteretur , actio commendaret . Oratoris officium docendi ,	I have, it is true, already expended much labour on this portion of my task; for I desired to make it clear that rhetoric is the science of speaking well, that it is useful, and further, that it is an art and a virtue. I wished also to show that its subject matter consists of everything on which an orator may be called to speak, and is, as a rule, to be found in three classes of oratory, demonstrative, deliberative, and forensic; that every speech is composed of matter and words, and that as regards matter we must study invention, as regards words, style, and as regards both, arrangement, all of which it is the task of memory to retain and delivery to render attractive.
2240	movendi , delectandi partibus contineri , ex quibus ad docendum expositio et argumentatio , ad movendum adfectus pertinerent , quos per omnem quidem causam sed maxime tamen in ingressu ac fine dominari . Nam delectationem , quamvis in utroque sit eorum , magis tamen proprias in elocutione partes habere .	I attempted to show that the duty of the orator is composed of instructing, moving and delighting his hearers, statement of facts and argument falling under the head of instruction, while emotional appeals are concerned with moving the audience and, although they may be employed throughout the case, are most effective at the beginning and end. As to the element of charm, I pointed out that, though it may reside both in facts and words, its special sphere is that of style.
2241	Quaestiones alias infinitas , alias finitas quae personis , temporibus , locis continerentur . In omni porro materia tria esse quaerenda , an sit , quid sit , quale sit . His adiiciebamus demonstrativam laude ac vituperatione constare . In ea quae ab ipso de quo diceremus , quae post eum acta essent , intuendum . Hoc opus tractatu honestorum utiliumque constare .	I observed that there are two kinds of questions, the one indefinite, the other definite, and involving the consideration of persons and circumstances of time and place; further, that whatever our subject matter, there are three questions which we must ask, is it? what is it? and of what kind is it? To this I added that demonstrative oratory consists of praise and denunciation, and that in this connexion we must consider not merely the acts actually performed by the person of whom we were speaking, but what happened after his death. This task I showed to be concerned solely with what is honourable or expedient.
2242	Suasoriis accedere tertiam partem ex coniectura , possetne fieri et an esset futurum de quo deliberaretur . Hic praecipue diximus spectandum , quis , apud quem , quid diceret . Iudicialium causarum alias in singulis , alias in pluribus controversiis consistere , et in quibusdam intentionem modo stature facere , modo depulsionem ; depulsionem porro omnem infitiatione duplici , factumne et an hoc factum esset , praeterea defensione ac translatione constare .	I remarked that in deliberative oratory there is a third department as well which depends on conjecture, for we have to consider whether the subject of deliberation is possible or likely to happen. At this point I emphasised the importance of considering who it is that is speaking, before whom he is speaking, and what he says. As regards forensic cases, I demonstrated that some turn on one point of dispute, others on several, and that whereas in some cases it is the attack, in others in is the defence that determines the basis; that every defence rests on denial, which is of two kinds, since we may either deny that the act was committed or that its nature was that alleged, while it further consists of justification and technical pleas to show that the action cannot stand.