Quintilian

Quintilian says, we hold those things to be true, in which all men agree.

” Quintilian has quoted a passage from Cicero, wherein the orator asks, “Whoever made such a decision, or to whom could such a point be yielded without the most imminent danger, that you have a right to kill the person, by whom you say, you fear that you shall afterwards be killed yourself?

We have an example of this in Cicero, Quintilian, and Plutarch, in the person of one of Marius’s tribunes, who was killed by a soldier.

But the Roman lawyers distinguished between partial slavery (servire) and complete slavery (servum esse), Quintilian, 7, 3.

De eadem re ne bis sit actio, Quintilian, 7, 6, 1, either by extinction (ipso jure) or by counteraction (ope exceptionis) of the plaintiff’s right to sue.

Hinc Quintilianus dicit, quod omnibus nascitur, industriae esse praemium;

Further, Quintilian remarks that a thing which is created for all is the reward of industry, and Cicero says that things which have been occupied for a long time become the property of those who originally found them unoccupied.

and Quintilian, recollecting that they were men, reproved the Romans for such want of humanity.