Institutio Oratoria

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 [*](Top. xxv. 95. ) 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.

But in the Partitiones Oratoriae [*](xxix. 103.) 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.

In this central argument they seem to me to have included both the alleged causes, that

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.

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.

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.

And there is hardly anyone, unless he be a born fool without the least acquaintance with the practice of speaking, who does

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.