Thesauros Literature rhetoric Institutio Oratoria

Institutio Oratoria

Institutio Oratoria Quintilian

Book 7

2.16 On the other hand, the accused will always begin by denying the act, since if this can be successfully proved, there is no need to say anything more, while if it is not proved, there remain other means of defence. Similarly, when the dispute turns solely on the act and, the act being proved, there can be no doubt as to the author, arguments may be drawn in like manner both from the person and the facts, although with reference to the question of fact alone.
2.17 Take the following controversial theme as an example, for it is best to employ scholastic themes as illustrations since they are more familiar to the student. A man who had been disinherited by his father took to the study of medicine. His father fell sick and, his life being despaired of by the other doctors, the son was called in, and said he would cure him if he would take a draught prescribed by himself. The father after drinking part of the draught said that he had been poisoned: the son drank the remainder of the draught. The father died and the son is accused of parricide.

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