[5]
I shall speak more fully a little later
on. Returning to definition for the moment, we
find it in the question raised by Demosthenes,
“whether Philip should give or restore Halonnesus,”1
and to that discussed by Cicero in the Philippics2 as
to the nature of a tumultus. Again does not the
question raised in connection with the statue of
Servius Sulpicius3 as to “whether statues should be
erected only in honour of those ambassadors who
perish by the sword” bear a strong resemblance to
the questions that are raised in the law courts?
1 Halonnesus had belonged to Athens, but had been seized by pirates. Philip ejected the pirates. The Athenians asked him to restore it; he replied that it belonged to him and that there could be no question of restoration, but if they asked for it as a gift he promised to give it them.
2 VIII. i. 2, where the question is discussed as to whether the war with Antony is bellum or tumultus, the latter being the technical name for any grave national emergency such as civil war or a Gallic invasion within the bounds of Italy.
3 Phil. ix. 1.
Quintilian. With an English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1920.
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