Quintilian's Institutes of Oratory
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Book 5 - Chapter 5

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Of the refutation of written testimony.

1. AGAINST writings, too, pleaders have often spoken and must often speak, as we know that it is common for documents not only to be set aside, but to be charged with being forged. As there must, in the latter case, be either guilt or innocence on the part of those who signed them, ignorance will be the safer and lighter charge, because the number of those whom we actually accuse will be smaller. 2. But the whole of such a proceeding must rest on arguments drawn from the particular case, if, for example, it is difficult to prove, or even incredible, that what the writing states occurred; or if (as more frequently happens) it may be overthrown by proofs equally inartificial; if he to whose prejudice the deed was signed, or any one of those who signed it, can be said to have been absent at the time, or to have died before it; if dates disagree; or if anything that occurred before or after is at variance with what is written. Even a mere inspection is often sufficient to discover forgery.


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Lee Honeycutt (honeycuttlee@gmail.com) Last modified:1/15/07
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