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[1] There have been certain writers of no small authority
1
who have held that the sole duty of the orator was to instruct: in their view appeals to the emotions were to be excluded for two reasons, first on the ground that all disturbance of the mind was a fault, and secondly that it was wrong to distract the judge from the truth by exciting his pity, bringing influence to bear, and the like. Further, to seek to charm the audience, when the aim of the orator was merely to win success, was in their opinion not only superfluous for a pleader, but hardly worthy of a self-respecting man.
[2] The majority however, while admitting that such arts undoubtedly formed part of oratory, held that its special and peculiar task is to make good the case which it maintains and refute that of its opponent.
[3] Whichever of these views is correct (for at this point I do not propose to express my own opinion), they will regard this book as serving a very necessary purpose, since it will deal entirely with the points on which they lay such stress, although all that I have already said on the subject of judicial causes is subservient to the same end.
[4] For the purpose of the
exordium and the
slatement of facts is merely to prepare the judge for these points, while it would be a work of supererogation to know the
bases
2
of cases or to consider the other points dealt with above,
3
unless we intend to proceed to the consideration of the
proof Finally,
[5] of the five parts
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into which we divided judicial cases, any single one other than the
proof may on occasion be dispensed with. But there can be no suit in which the
proof is not absolutely necessary. With regard to the rules to be observed in this connexion, we shall, I think, be wisest to follow our previous method of classification and show first what is common to all cases and then proceed to point out those which are peculiar to the several kinds of cases.
Institutio Oratoria. Quintilian. Harold Edgeworth Butler (Translator). Cambridge, Mass.. 1920-1922.
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