Institutio Oratoria

But let us see whether this is the basis itself or rather that in which the basis is to be found. Hermagoras calls a basis that which enables the matter in question to be understood and to which the proofs of the parties concerned will also be directed. My own opinion has always been that, whereas there are frequently different bases of questions in connexion with a cause, the basis of the cause itself is its most important point on which the whole matter turns. If anyone prefers to call that the general question or general head of the cause, I shall not quarrel with him, any more than I have done hitherto if he produced a different technical term to express the same thing, although I know that whole volumes have been written on such disputes. I prefer however to call it the basis.

There is the greatest possible disagreement among writers about this as about everything else, but in this case as elsewhere they seem to me to have been misled by a passion for saying something different from their fellow-teachers. As a result there is still no agreement as to the number and names of bases, nor as to which are general and which special.

First there is οὐσία which Plautus calls essence, the only available translation: under this category we inquire whether a thing is. Secondly there is quality, the meaning of which is self-evident. Third comes quantity, which was subdivided by later philosophers as dealing with two questions as to magnitude and number. Next relation, involving questions of competence [*]( See §§ 52, 68 sqq., 84–86, which make the meaning of translatio fairly clear. No exact rendering is satisfactory. Literally it means transference of the charge : the sense is virtually the same as that of exceptio (a plea made by defendant in bar of plaintiff's action). Exception is too unfamiliar and technical a term. Competence, despite its vagueness, is perhaps the least unsatisfactory rendering. ) and comparison. This is followed by when and where. Then come doing, suffering and possessing,

which for example are concerned with a person's being armed or clothed. Lastly comes κεῖσθαι or position, which means to be in a certain position, such for instance as being warm, standing or angry. Of these categories the first four concern bases, the remainder concern only certain topics for argument.

Others make the number of categories to be nine. Person, involving questions concerning the mind, body or external circumstances, which clearly has reference to the means by which we establish conjecture or quality. Time, or χρόνος, from which we get questions such as whether a child is born a slave, if his mother is delivered of him while assigned [*](addicti were not technically servi, though in a virtual condition of servitude, being the bondsmen of their creditors till their debt was paid. ) to her creditors. Place, from which we get such disputes as to whether it is permissible to kill a tyrant in a temple, or whether one who has hidden himself at home can be regarded as an exile.