In the fourth kind of statement of a case, which we call the one which assumes the character of a demurrer, that sort of statement contains a dispute, in which an inquiry is opened who ought to be the accuser or pleader, or against whom, or in what manner, or before whom, or under what law, or at what time the accusation ought to be brought forward; or when something is urged generally tending to alter the nature of, or to invalidate the whole accusation.  Of this kind of statement of a case Hermagoras is considered the inventor:  not that many of the ancient orators have not frequently employed it, but because former writers on the subject have not taken any notice of it, and have not entered it among the number of statements of cases.  But since it has been thus invented by Hermagoras, many people have found fault with it, whom we considered not so much to be deceived by ignorance (for indeed the matter is plain enough) as to be hindered from admitting the truth by some envy or fondness for detraction.

XII.  We have now then mentioned the different kinds of statements of cases, and their several divisions.  But we think that we shall be able more conveniently to give instances of each kind, when we are furnishing a store of arguments for each kind.  For so the system of arguing will be more clear, when it can be at once applied both to the general classification and to the particular instance.

When the statement of the case is once ascertained, then it is proper at once to consider whether the argument be a simple or a complex one, and if it be a complex one, whether it is made up of many subjects of inquiry, or of some comparison.  That is a simple statement which contains in itself one plain question, in this way—­“Shall we declare war against the Corinthians, or not?” That is a complex statement consisting of several questions in which many inquiries are made, in this way.—­“Whether Carthage shall be destroyed, or whether it shall be restored to the Carthaginians, or whether a colony shall be led thither.”  Comparison is a statement in which inquiry is raised in the way of contest, which course is more preferable, or which is the most preferable course of all, in this way.—­“Whether we had better send an army into Macedonia against Philip, to serve as an assistance to our allies, or whether we had better retain it in Italy, in order that we may have as numerous forces as possible to oppose to Hannibal.”  In the next place, we must consider whether the dispute turns on general reasoning, or on written documents, for a controversy with respect to written documents, is one which arises out of the nature of the writing.