An encyclopedist of the dark ages: Isidore of SevilleBrehaut, Ernest
History
An encyclopedist of the dark ages: Isidore of Seville
Brehaut, Ernest
Isidore, of Seville, Saint, -636; Thesis (Ph. D.)
[195] Under this heading we have the chief effort of ancient
rhetoric to be helpful to the defense in cases brought before
the courts. The term _status_ meant the crucial point in a case,
and its subdivisions are intended to include the chief kinds of
crucial points upon which the advocate must base his speech. The
inference in both Isidore and Cassiodorus is that there is only
one status in a case, but Quintilian (3, 6, 21) expressly says
that there are more than one, and that the chief status in a case
“is the strongest point in it on which the whole matter chiefly
turns.”
In this section Isidore borrows from Cassiodorus almost without
change in the wording. In one case he has made a serious blunder
in copying: the subdivisions that Cassiodorus places under
_qualitas_, Isidore has placed under _finis_. (Cass., _De Rhet._,
Halm, p. 496.)
[196] “When an act that is imputed to a person is denied by
another” (2, 5, 3), and the balancing of evidence is the method
of deciding.
[197] “When it is maintained that the act that is the matter of
accusation is not that [specified], and its nature is shown by
the use of definitions.” 2, 5, 3.
[198] “In which the nature of justice and right and the abstract
grounds of reward and punishment are gone into.” 2, 5, 5.
[199] Term left undefined.
[200] “Which of itself offers no satisfactory ground for defence
but seeks for defence beyond its own limits.” 2, 5, 5.
[201] “When the accused does not deny the act but demands that it
be pardoned.” 2, 5, 6.
[202] “When the deed is confessed but guilt is denied” on the
ground of ignorance, accident, or necessity. 2, 5, 8.
[203] “When the accused confesses that he has committed the wrong
and has done so purposely, and still demands that he be pardoned,
which kind can be of very rare occurrence.” 2, 5, 8.
[204] “When the accused endeavors energetically to divert the
charge made against him from himself and his guilt to another.”
2, 5, 6.
[205] “When it is urged that there is justification because
another had committed a wrong before.” 2, 5, 7.
[206] “When some other honorable or expedient act of another is
alleged, for the accomplishing of which the act specified in the
accusation is asserted to have been done.” 2, 5, 7.
[207] “In which there is discussion of what is just in view of
civil custom and equity.” 2, 5, 5.
[208] “When the nature of the case is inquired into; and since
the dispute is concerned with the real meaning and classification
of the matter at stake, this is called the _constitutio
generalis_.” 2, 5, 3. This is the general heading under which all
the sub-heads classified under _finis_ should have been placed.
Isidore made a mistake in copying from Cassiodorus, in whom the
classification is correct.
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