Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

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

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brief statement of facts in the pro Ligario: [*](pro Lig. ii. 4. )
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

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preparatory remarks such as the following:
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.

The best kind of preparatory remarks are those which cannot be recognised as such: Cicero, [*](pro Mil. x. 28. ) for instance, is extraordinarily happy in the way he mentions in advance everything that shows that Clodius lay in wait for Milo and not Milo for Clodius. The most effective stroke of all is his cunning feint of simplicity:

Milo, on the other hand, having been in the senate all day till the house rose, went home, changed his shoes and clothes, and waited for a short time, while his wife was getting ready, as is the way with women.

What an absence of haste and premeditation this gives to Milo's proceedings. And the great orator secures this effect not merely by producing facts which indicate the slow and tardy nature of Milo's departure, but by the use of the ordinary language of everyday speech and a careful concealment of his art. Had he spoken otherwise, his words would by their very sound have warned the judge to keep an eye on the advocate.