Thesauros Literature rhetoric Institutio Oratoria

Institutio Oratoria

Institutio Oratoria Quintilian

Book 3

5.2 There are no other species of forensic causes, not even when one person brings the same suit on the same grounds against two different persons, or two persons bring the same suit against one, or several against several, as occasionally occurs in lawsuits about inheritances. Because although a number of parties may be involved, there is still only one suit, unless indeed the different circumstances of the various parties alter the questions at issue.
5.3 There is however said to be a third and different class, the comparative. Questions of comparison frequently require to be handled in portions of a cause, as for instance in the centum viral court, A civil court specially concerned with questions of inheritance. when after other questions have been raised the question is discussed as to which of two claimants is the more deserving of an inheritance. It is rare however for a case to be brought into court on such grounds alone, as in divinations Divinatio is a trial to decide between the claims of two persons to appear as accuser, there being no public prosecutor at Rome. cp. Cicero's Divinatio in Caecilium. which take place to determine who the accuser shall be, and occasionally when two informers dispute as to which has earned the reward.

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