Institutio Oratoria

which has to produce the motive for the homicide.

It is lawful,

lie urges,

to kill an adulterer with his paramour.

Another admitted point, for there is no doubt about the law. We must look for a third point where the two parties are at variance.

They were not adulterers,

say the prosecution;

They were,

say the defence. Here then is the question at issue: there is a doubt as to the facts, and it is therefore a question of conjecure. [*](i.e. a question as to facts. cv. VII. ii. ) Sometimes even the third point may be admitted;