Quintilian, Orator’s Education, 5.13 7-9
“Hence, what cannot be denied or put off must eventually be defended, whatever kind of case it is, or else just surrendered. We have demonstrated that there are two types of denial: either to say “this was not done” or to claim “what was done was not this.” Issues that cannot be defended or avoided must ultimately be denied and not only if there is some “redefinition” which might come to our aid, but also if there is nothing else but simple denial.
If there are witnesses, it is permitted to say much against them. If there is written proof, we can discredit the authenticity of the letter. Whatever the matter, there is nothing worse than a confession. The final option, when there is no room for defending or denying, is attacking the legality of the proceeding.”
Ergo quae neque negari neque transferri possunt utique defendenda sunt, qualiacumque sunt, aut causa cedendum. Negandi duplicem ostendimus formam, aut non esse factum aut non hoc esse quod factum sit. Quae neque defendi neque transferri possunt, utique neganda, nec solum si finitio potest esse pro nobis, sed etiam si nuda infitiatio superest. Testes erunt: multa in eos dicere licet; chirographum: de similitudine litterarum disserendum. Utique nihil erit peius quam confessio. Ultima est actionis controversia, cum defendendi negandive non est locus