Thesauros Literature rhetoric Institutio Oratoria

Institutio Oratoria

Institutio Oratoria Quintilian

Book 4

pr.31 As regards external circumstances In the pro Caelio (c. 1) Cicero calls attention to the fact that the trial is taking place during a festival, all other legal business being suspended. In the pro Deiotaro (c. 2) he calls attention to the unusual surroundings, the speech being delivered in a private house. For the pro Milone see § of this chapter. In the first Verrme (c. 1) he remarks that it is generally believed that the corruption of the courts is such that it is practically impossible to secure the condemnation of a wealthy man. which have a bearing on the case, I may mention time, which is introduced in the exordium of the pro Caelio, place (in the pro Deiotaro ),the appearance of the court (in the pro Milone ),public opinion (in the Verrines ),and finally, as I cannot mention all, the ill-repute of the law courts and the popular expectation excited by the case. None of these actually belong to the case, but all have some bearing on it.
pr.32 Theophrastus adds that the exordium may be drawn from the speech of one's opponent, as that of the pro Ctesiphonte of Demosthenes appears to be, where he asks that he may be allowed to speak as he pleases and not to be restricted to the form laid down by the accuser in his speech.

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