--"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.

XIII And of that there are five kinds which have been separated from
statements of cases. For when the language of the writing appears to
be at variance with the intention of the writer, then two laws or more
seem to differ from one another, and then, too, that which has been
written appears to signify two things or more. Then also, from that
which is written, something else appears to be discovered also,
which is not written, and also the effect of the expressions used is
inquired into, as if it were in the definitive statement of the
case, in which it has been placed. Wherefore, the first kind is that
concerning the written document and the intention of it; the second
arises from the laws which are contrary to one another, the third is
ambiguous, the fourth is argumentative, the fifth we call definitive.

But reason applies when the whole of the inquiry does not turn on the
writing, but on some arguing concerning the writing. But, then, when
the kind of argument has been duly considered, and when the statement
of the case has been fully understood; when you have become aware
whether it is simple or complex, and when you have ascertained
whether the question turns on the letter of the writing or on general
reasoning; then it is necessary to see what is the question, what
is the reasoning, what is the system of examining into the excuses
alleged, what means there are of establishing one's own allegations;
and all these topics must be derived from the original statement of
the case. What I call "the question" is the dispute which arises from
the conflict of the two statements in this way. "You have not done
this lawfully;" "I have done it lawfully." And this is the conflict of
arguments, and on this the statement of the case hinges. It arises,
therefore, from that kind of dispute which we call "the question," in
this way:--"Whether he did so and so lawfully." The reasoning is that
which embraces the whole cause; and if that be taken away, then there
is no dispute remaining b