Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
We must do what we can to make it less long by postponing some points, taking care however to mention what it is that we propose to postpone. Take the following as an example.
As regards his motives for killing him, his accomplices and the manner in which he disposed his ambush, I will speak when I come to the proof.Some things indeed may be omitted altogether from our marshalling of the facts, witness the following example from Cicero, [*](pro Caec. iv. 11. )
Fulcinius died; there are many circumstances which attended that event, but as they have little bearing on this case, I shall pass them by.Division of our statement into its various heads is another method of avoiding tedium: for example,
I will tell you first what preceded this affair, then what occurred in its actual development, and finally you shall hear its sequel.
Such a division will give the impression of three short statements rather than of one long one. At times it will be well to interrupt our narrative by interjecting some brief remark like the following:
You have heard what happened before: now learn what follows.The judge will be refreshed by the fact that we have brought our previous remarks to a close and will prepare himself for what may be regarded as a fresh start.
If however after employing all these artifices our array of facts is still long, it will not be without advantage to append a summary at the end of it as a reminder: Cicero does this even at the close of a
To this day, Caesar, Quintus Ligarius is free from all blame: he left his home not merely without the least intention of joining in any war, but when there was not the least suspicion of any war etc.
The statement of fact will be credible, if in the first place we take care to say nothing contrary to nature, secondly if we assign reasons and motives for the facts on which the inquiry turns (it is unnecessary to do so with the subsidiary facts as well), and if we make the characters of the actors in keeping with the facts we desire to be believed: we shall for instance represent a person accused of theft as covetous, accused of adultery as lustful, accused of homicide as rash, or attribute the opposite qualities to these persons if we are defending them: further we must do the same with place, time and the like.
It is also possible to treat the subject in such a way as to give it an air of credibility, as is done in comedy and farce. For some things have such natural sequence and coherence that, if only the first portion of your statement is satisfactory, the judge will himself anticipate what you have got to say in the later part.
It will also be useful to scatter some hints of our proofs here and there, but in such a way that it is never forgotten that we are making a statement of facts and not a proof. Sometimes, however, we must also support our assertions by a certain amount of argument, though this must be short and simple: for instance in a case of poisoning we shall say,
He was perfectly well when he drank, he fell suddenly to the ground, and blackness and swelling of the body immediately supervened.
The same result is produced by
The accused is a strong man and was fully armed, while his opponents were weak, unarmed and suspecting no evil.We may in fact touch on everything that we propose to produce in our proof; while making our statement of facts, as for instance points connected with persons, cause, place, time, the instrument and occasion employed.
Sometimes, when this resource is unavailable, we may even confess that the charge, though true, is scarcely credible, and that therefore it must be regarded as all the more atrocious; that we do not know how the deed was done or why, that we are filled with amazement, but will prove our case.