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Institutio Oratoria (Quintilian)
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Institutio Oratoria

Author: Quintilian
Translator: Harold Edgeworth Butler
1521
Verum
eadem
fictio
valet
et
ad
qualitates
:
Si
Catilina
cum
suo
consilio
nefariorum
hominum
,
quos
secum
eduxit
hoc
de
re
posset
iudicare
,
condemnaret
L
.
Murenam
;
et
ad
amplificationem
:
Si
hoc
tibi
inter
cenam
in
illis
immanibus
poculis
tuis
accidisset
.
Sic
et
,
Si
respublica
vocem
haberet
.
But fictitious suppositions are also exceedingly useful when we are concerned with the quality of an act : "If Catiline could try this case assisted by a jury composed of those scoundrels whom he led out with him he would condemn Lucius Murena. " It is useful also for amplification : "If this had happened to you during dinner in the midst of your deep potations" ; or again, "If the state could speak."
1522
Has
fere
sedes
accepimus
probationum
in
universum
,
quas
neque
generatim
tradere
sat
est
,
cum
ex
qualibet
earum
innumerabilis
argumentorum
copia
oriatur
,
neque
per
singulas
species
exsequi
patitur
natura
rerum
,
quod
qui
sunt
facere
conati
,
duo
pariter
subierunt
incommoda
,
ut
et
nimium
dicerent
nec
tamen
totum
.
Such in the main are the usual topics of proof as specified by teachers of rhetoric, but it is not sufficient to classify them generically in our instructions, since from each of them there arises an infinite number of arguments, while it is in the very nature of things impossible to deal with all their individual species. Those who have attempted to perform this latter task have exposed themselves in equal degree to two disadvantages, saying too much and yet failing to cover the whole ground.
1523
Inde
plurimi
,
cum
in
hos
inexplicabiles
laqueos
inciderunt
,
omnem
,
etiam
quem
ex
ingenio
suo
poterant
habere
,
conatum
velut
adstricti
certis
legum
vinculis
perdiderunt
,
et
magistrum
respicientes
naturam
ducem
sequi
desierunt
.
Consequently the majority of students, finding themselves lost in an inextricable maze, have abandoned all individual effort, including even that which their own wits might have placed within their power, as though they were fettered by certain rigid laws, and keeping their eyes fixed upon their master have ceased to follow the guidance of nature.
1524
Nam
ut
per
se
non
sufficiet
scire
,
omnes
probationes
aut
a
personis
aut
a
rebus
peti
,
quia
utrumque
in
plura
dividitur
,
ita
ex
antecedentibus
et
iunctis
et
insequentibus
trahenda
esse
argumenta
qui
acceperit
,
num
protinus
in
hoc
sit
instructus
ut
,
quid
in
quaque
casa
ducendum
sit
ex
his
,
sciat
?
But as it is not in itself sufficient to know that all proofs are drawn either from persons or things, because each of these groups is subdivided into a number of different heads so he who has learned that arguments must be drawn from antecedent, contemporary or subsequent facts will not be sufficiently instructed in the knowledge of the method of handling arguments to understand what arguments are to be drawn from the circumstances of each particular case;
1525
praesertim
,
cum
plurimae
probationes
in
ipso
causarum
complexu
reperiantur
,
ita
ut
sint
cum
alia
lite
nulla
communes
,
eaeque
sint
et
potentissimae
et
minime
obviae
,
quia
communia
ex
praeceptis
accepimus
,
propria
invenienda
sunt
.
especially as the majority of proofs are to be found in the special circumstances of individual cases and have no connexion with any other dispute, and therefore while they are the strongest, are also the least obvious, since, whereas we derive what is common to all cases from general rules, we have to discover for ourselves whatever is peculiar to the case which we have in hand.
1526
Hoc
genus
argumentorum
sane
dicamus
ex
circumstantia
,
quia
περίστασιν
dicere
aliter
non
possumus
,
vel
ex
iis
quae
cuiusque
causae
propria
sunt
:
ut
in
illo
adultero
sacerdote
,
qui
lege
,
qua
unius
servandi
potestatem
habebat
,
se
ipse
servare
voluit
,
proprium
controversiae
est
dicere
,
Non
unum
nocentem
servabas
,
quia
te
dimisso
adulteram
occidere
non
licebat
.
Hoc
enim
argumentum
lex
facit
,
quae
prohibet
adulteram
sine
adultero
occidere
.
This type of argument may reasonably be described as drawn from circumstances, there being no other word to express the Greek περίστασις or from those things which are peculiar to any given case. For instance, in the case of the priest who having committed adultery desired to save his own life by means of the law which gave him the power of saving one life, the appropriate argument to employ against him would run as follows: " You would save more than one guilty person, since, if you were discharged, it would not be lawful to put the adulteress to death. " For such an argument follows from the law forbidding the execution of the adulteress apart from the adulterer.
1527
Et
illa
,
in
qua
lata
lex
est
,
ut
argentarii
dimidium
ex
eo
quod
debebant
solverent
,
creditum
suum
totum
exigerent
.
Argentarius
ab
argentario
solidum
petit
.
Proprium
ex
materia
est
argumentum
creditoris
,
idcirco
adiectum
esse
in
lege
,
ut
argentarius
totum
exigeret
;
adversus
alios
enim
non
opus
fuisse
lege
,
cum
omnes
praeterquam
ab
argentariis
totum
exigendi
ius
haberent
.
Again, take the case falling under the law which lays down that bankers may pay only half of what they owe, while permitted to recover the whole of what they are owed. One banker requires payment of the whole sum owed him by another banker. The appropriate argument supplied by the subject to the creditor is that there was special reason for the insertion of the clause sanctioning the recovery of the whole of a debt by a banker, since there was no need of such a law as against others, inasmuch as all have the right to recover the whole of a debt from any save a banker.
1528
Cum
multa
autem
novantur
in
omni
genere
materiae
tum
praecipue
in
iis
quaestionibus
,
quae
scripto
constant
,
quia
vocum
est
in
singulis
ambiguitas
frequens
et
adhuc
in
coniunctis
magis
.
But while some fresh considerations are bound to present themselves in every kind of subject, this is more especially the case in questions turning on the letter of the law, since not merely individual words, but still more whole phrases are frequently ambiguous.
1529
Et
haec
ipsa
plurium
legum
aliorumve
scriptorum
vel
congruentium
vel
repugnantium
complexu
varientur
necesse
est
,
cum
res
rei
aut
ius
iuris
quasi
signum
est
.
Non
debui
tibi
pecuniam
;
nunquam
me
appellasti
,
usuram
non
accepisti
,
ultro
a
me
mutuatus
es
.
Lex
est
,
Qui
patri
proditionis
reo
non
adfuerit
,
exheres
sit
.
Negat
filius
,
nisi
si
pater
absolutus
sit
.
Quid
signi
?
Lex
altera
,
Proditionis
damnatus
cum
advocato
exulet
.
And these considerations must vary according to the complexity of laws and other documents, whether they are in agreement or contradictory, since fact throws light on fact and law on law as in the following argument: " I owed you no money: you never summoned me for debt, you took no interest from me, nay, you actually borrowed money from me. " It is laid down by law that he who refuses to defend his father when accused of treason thereby loses his right to inherit. A son denies that he is liable to this penalty unless his father is acquitted. How does he support this contention? There is another law to the effect that a man found guilty of treason shall be banished and his advocate with him.
1530
Cicero
pro
Cluentio
Publium
Popilium
et
Tiberium
Guttam
dicit
non
iudicii
corrupti
sed
ambitus
esse
damnatos
.
Quid
signi
?
quod
accusatores
eorum
,
qui
erant
ipsi
ambitus
damnati
,
e
lege
sint
post
hanc
victoriam
restituti
.
Cicero in the pro Cluentio says that Publius Popilius and Tiberius Gutta were not condemned for receiving bribes to give a false verdict, but for attempting to bribe the jury. What is his argument in support of this view? That their accusers, who were themselves found guilty of bribing the jury, were restored in accordance with law after winning their case.
1531
Nec
minus
in
hoc
curae
debet
adhiberi
,
quid
proponendum
quam
quomodo
sit
quod
proposuerimus
probandum
.
Hic
immo
vis
inventionis
,
si
non
maior
,
certe
prior
.
Nam
ut
tela
supervacua
sunt
nescienti
,
quid
petat
,
sic
argumenta
,
nisi
provideris
cui
rei
adhibenda
sint
.
Hoc
est
,
quod
comprehendi
arte
non
possit
.
But the consideration as to what argument should be put forward requires no less care than the consideration of the manner in which we are to prove that which we have put forward. Indeed in this connexion invention, if not the most important, is certainly the first consideration. For, just as weapons are superfluous for one who does not know what his target is, so too arguments are useless, unless you see in advance to what they are to be applied. This is a task for which no formal rules can be laid down.
1532
Ideoque
,
cum
plures
eadem
didicerint
,
generibus
argumentorum
similibus
utentur
;
alius
alio
plura
,
quibus
utatur
,
inveniet
.
Sit
exempli
gratia
proposita
controversia
,
quae
communes
minime
cum
aliis
quaestiones
habet
:
Consequently, though a number of orators, who have studied the same rules, will use similar kinds of arguments, one will discover a greater number of arguments to suit his case than another. Let us take as an example a controversial theme involving problems that have little in common with other cases.
1533
Cum
Thebas
evertisset
Alexander
,
inuenit
tabulas
,
quibus
centum
talenta
mutua
Thessalis
dedisse
'
Thebanos
continebatur
.
Has
,
quia
erat
usus
commilitio
Thessalorum
,
donavit
his
ultro
;
postea
restituti
a
Cassandro
Thebani
reposcunt
Thessalos
.
Apud
Amphictyonas
agitur
.
Centum
talenta
et
credidisse
eos
constat
et
non
recepisse
.
" When Alexander destroyed Thebes, he found documents showing that the Thebans had lent a hundred talents to the Thessalians. These documents he presented to the Thessalians as a reward for the assistance they had given him in the campaign. Subsequently the Thebans, after the restoration of their city by Cassander, demanded that the Thessalians should repay the money. " The case is tried before the Amphictyonic council. It is admitted that the Thebans lent the money and were not repaid.
1534
Lis
omnis
ex
eo
,
quod
Alexander
ea
Thessalis
donasse
dicitur
,
pendet
.
Constat
illud
quoque
,
non
esse
iis
ab
Alexandro
pecuniam
data
;
quaeritur
ergo
,
an
proinde
sit
,
quod
datum
est
,
ac
si
pecuniam
dederit
?
The whole dispute turns on the allegation that Alexander had excused the Thessalians from payment of the debt. It is also admitted that the Thessalians had received no money from Alexander. The question is therefore whether his gift is equivalent to his having given them money.
1535
Quid
proderunt
argumentorum
loci
,
nisi
haec
prius
videro
,
nihil
eum
egisse
donando
,
non
potuisse
donare
,
non
donasse
?
Et
prima
quidem
actio
facilis
ac
favorabilis
repetentium
iure
quod
vi
sit
ablatum
;
sed
hinc
aspera
et
uehemens
quaestio
exoritur
de
iure
belli
,
dicentibus
Thessalis
,
hoc
regna
,
populos
,
fines
gentium
atque
urbium
contineri
.
What use will formal topics of argument be in such a case, unless I first convince myself that the gift of Alexander made no difference, that he had not the power to make it, and that he did not make it? The opening of the Thebans' plea presents no difficulty and is likely to win the approval of the judges, since they are seeking to recover by right what was taken from them by force. But out of this point arises a violent controversy as to the right of war, since the Thessalians urge that kingdoms and peoples and the frontiers of nations and cities depend upon these rights.
1536
Inveniendum
contra
est
,
quo
distet
haec
causa
a
ceteris
,
quae
in
potestatem
victoris
venirent
;
nec
circa
probationem
res
haeret
,
sed
circa
propositionem
.
Dicamus
inprimis
:
in
eo
,
quod
in
iudicium
deduci
potest
,
nihil
valere
ius
belli
nec
armis
erepta
nisi
armis
posse
retineri
;
itaque
,
ubi
illa
valeant
,
non
esse
iudicem
;
ubi
iudex
sit
,
illa
nihil
valere
.
To meet this argument it is necessary to discover in what respect this case differs from others which are concerned with property that has fallen into the hands of the victor: the difficulty moreover lies not so much in the proof as in the way it should be put forward. We may begin by stating that the rights of war do not hold good in any matter which can be brought before a court of justice, and that what is taken by force of arms can only be retained by force of arms, and consequently, wherever the rights of war hold good, there is no room for the functions of a judge, while on the contrary where the functions of the judge come into play, the rights of war cease to have any force.
1537
Hoc
inveniendum
est
,
ut
adhiberi
possit
argumentum
:
ideo
captivos
,
si
in
patriam
suam
redierint
,
liberos
esse
,
quia
bello
parta
non
nisi
eadem
vi
possideantur
.
Proprium
est
et
illud
causae
,
quod
Amphictyones
iudicant
(
ut
alia
apud
centumviros
,
alia
apud
privatum
iudicem
in
iisdem
quaestionibus
ratio
) ;
The reason why it is necessary to discover this principle is to enable us to bring the following argument into play: that prisoners of war are free on returning to their native land just because the gains of war cannot be retained except by the exercise of the same violence by which they were acquired. Another peculiar feature of the case is that it is tried before the Amphictyonic council, and you will remember that we have to employ different methods in pleading a case before the centumviral court and before an arbitrator, though the problems of the cases may be identical.
1538
tum
secundo
gradu
,
non
potuisse
donari
a
victore
ius
,
quia
id
demum
sit
eius
,
quod
teneat
;
ius
,
quod
sit
incorporate
,
adprehendi
manu
non
posse
.
Hoc
reperire
est
difficilius
quam
,
cum
inveneris
,
argumentis
adiuvare
,
ut
alia
sit
condicio
heredis
,
alia
victoris
,
quia
ad
illum
ius
,
ad
hunc
res
transeat
.
Secondly we may urge that the right to refuse payment could not have been conferred by the victor because he possesses only what he holds, but a right, being incorporeal, cannot be grasped by the hand. It is more difficult to discover this principle than, once discovered, to defend it with arguments such as that the position of an heir and a conqueror are fundamentally different, since right passes to the one and property to the other.
1539
Proprium
deinde
materiae
,
ius
publici
crediti
transire
ad
victorem
non
potuisse
,
quia
,
quod
populus
crediderit
,
omnibus
debeatur
,
et
,
quamdiu
quilibet
unus
superfuerit
,
esse
eum
totius
summae
creditorem
,
Thebanos
autem
non
omnes
in
Alexandri
manu
fuisse
.
It is further an argument peculiar to the subject matter of the case that the right over a public debt could not have passed to the victor, because the repayment of a sum of money lent by a whole people is due to them all, and as long as any single one of them survives, he is creditor for the whole amount: but the Thebans were never all of them to a man in Alexander's power.
1540
Hoc
non
extrinsecus
probatur
,
quae
vis
est
argumenti
,
sed
ipsum
per
se
valet
.
Tertii
loci
pars
prior
magis
vulgaris
,
non
in
tabulis
esse
ius
;
itaque
multis
argumentis
defendi
potest
.
Mens
quoque
Alexandri
duci
debet
in
dubium
,
honorarit
eos
an
deceperit
.
Illud
iam
rursus
proprium
materiae
et
velut
novae
controversiae
,
quia
restitutione
recepisse
ius
,
etiamsi
quod
amiserint
,
Thebani
videntur
.
Hic
et
,
quid
Cassander
velit
,
quaeritur
:
sed
vel
potentissima
apud
Amphictyonas
aequi
tractatio
est
.
The force of this argument resides in the fact that it is not based on any external support, but holds good in itself. Proceeding to the third line of argument we may note that the first portion of it is of a more ordinary type, namely that the right to repayment is not based on the actual document, a plea which can be supported by many arguments. Doubt may also be thrown on Alexander's purpose: did he intend to honour them or to trick them? Another argument peculiar to the subject (indeed it practically introduces a new discussion) is that the Thebans may be regarded as having in virtue of their restoration recovered the right even though it be admitted that they had lost it. Again Cassander's purpose may be discussed, but, as the case is being pleaded before the Amphictyonic council, we shall find that the most powerful plea that can be urged is that of equity.
1541
Haec
non
idcirco
dico
,
quod
inutilem
horum
locorum
,
ex
quibus
argumenta
ducuntur
,
cognitionem
putem
,
alioqui
nec
tradidissem
;
sed
ne
se
,
qui
cognoverint
ista
,
si
cetera
negligant
,
perfectos
protinus
atque
consummatos
putent
et
,
nisi
in
ceteris
,
quae
mox
praecipienda
sunt
,
elaboraverint
,
mutam
quandam
scientiam
consecutos
intelligant
.
I make these remarks, not because I think that a knowledge of the "places" from which arguments may be derived is useless (had I thought so, I should have passed them by)but to prevent those who have learnt these rules from neglecting other considerations and regarding themselves as having a perfect and absolute knowledge of the whole subject, and to make them realise that, unless they acquire a thorough knowledge of the remaining points which I am about to discuss, they will be the possessors of what I can only call a dumb science.
1542
Neque
enim
artibus
editis
factum
est
,
ut
argumenta
inveniremus
,
sed
dicta
sunt
omnia
,
antequam
praeciperentur
,
mox
ea
scriptores
observata
et
collecta
ediderunt
.
Cuius
rei
probatio
est
,
quod
exemplis
eorum
veteribus
utuntur
et
ab
oratoribus
ilia
repetunt
,
ipsi
nullum
novum
et
quod
dictum
non
sit
inveniunt
.
For the discovery of arguments was not the result of the publication of text-books, but every kind of argument was put forward before any rules were laid down, and it was only later that writers of rhetoric noted them and collected them for publication. A proof of this is the fact that the examples which they use are old and quoted from the orators, while they themselves discover nothing new or that has not been said before.
1543
Artifices
ergo
illi
qui
dixerunt
;
sed
habenda
his
quoque
gratia
est
,
per
quos
labor
nobis
est
detractus
.
Nam
,
quae
priores
beneficio
ingenii
singula
invenerunt
,
nobis
et
non
sunt
requirenda
et
notata
sunt
omnia
.
Sed
non
magis
hoc
sat
est
quam
palaestram
didicisse
,
nisi
corpus
exercitatione
,
continentia
,
cibis
,
ante
omnia
natura
iuvatur
,
sicut
contra
ne
illa
quidem
satis
sine
arte
profuerint
.
The creators of the art were therefore the orators, though we owe a debt of gratitude also to those who have given us a short cut to knowledge. For thanks to them the arguments discovered by the genius of earlier orators have not got to be hunted out and noted down in detail. But this does not suffice to make an orator any more than it suffices to learn the art of gymnastic in school: the body must be assisted by continual practice, self control, diet and above all by nature; on the other hand none of these are sufficient in themselves without the aid of art.
1544
Illud
quoque
studiosi
eloquentiae
cogitent
,
neque
omnibus
in
causis
,
quae
demonstravimus
,
cuncta
posse
reperiri
;
neque
,
cum
proposita
fuerit
materia
dicendi
,
scrutanda
singula
et
velut
ostiatim
pulsandum
,
ut
sciant
,
an
ad
probandum
id
,
quod
intendimus
,
forte
respondeant
,
nisi
cum
discunt
et
adhuc
usu
carent
.
I would also have students of oratory consider that all the forms of argument which I have just set forth cannot be found in every case, and that when the subject on which we have to speak has been propounded, it is no use considering each separate type of argument and knocking at the door of each with a view to discovering whether they may chance to serve to prove our point, except while we are in the position of mere learners without any knowledge of actual practice.
1545
Infinitam
enim
faciat
ista
res
dicendi
tarditatem
,
si
semper
necesse
sit
,
ut
temptantes
unumquodque
eorum
,
quod
sit
aptum
atque
conveniens
,
experiendo
noscamus
;
nescio
an
etiam
impedimento
futura
sint
,
nisi
et
animi
quaedam
ingenita
natura
et
studio
exercitata
velocitas
recta
nos
ad
ea
,
quae
conveniunt
causae
,
ferant
.
Nam
,
Such a proceeding merely retards the process of speaking to an incalculable extent, if it is always necessary for us to try each single argument and thus learn by experiment what is apt and suitable to our case. In fact I am not sure that it will not be an actual obstacle to progress unless a certain innate penetration and a power of rapid divination seconded by study lead us straight to the arguments which suit our case.
1546
ut
cantus
vocis
plurimum
iuvat
sociata
nervorum
concordia
,
si
tamen
tardior
manus
nisi
inspectis
demensisque
singulis
,
quibus
quaeque
vox
fidibus
iungenda
sit
,
dubitet
,
potius
fuerit
esse
contentum
eo
,
quod
simplex
canendi
natura
tulerit
,
ita
huiusmodi
praeceptis
debet
quidem
aptata
esse
et
citharae
modo
intenta
ratio
doctrinae
;
For just as the melody of the voice is most pleasing when accompanied by the lyre, yet if the musician's hand be slow and, unless he first look at the strings and take their measure, hesitate as to which strings match the several notes of the voice, it would be better that he should content himself with the natural music of the voice unaccompanied by any instrument; even so our theory of speaking must be adapted and, like the lyre, attuned to such rules as these.
1547
sed
hoc
exercitatione
multa
consequendum
,
ut
,
quemadmodum
illorum
artificum
,
etiamsi
alio
spectant
,
manus
tamen
ipsa
consuetudine
ad
graves
,
acutos
,
medios
nervorum
sonos
fertur
,
sic
oratoris
cognitionem
nihil
moretur
haec
varietas
argumentorum
et
copia
,
sed
quasi
offerat
se
et
occurrat
,
et
,
ut
litterae
syllabaeque
scribentium
cogitationem
non
exigunt
,
sic
rationem
sponte
quadam
sequantur
.
But it is only by constant practice that we can secure that, just as the hands of the musician, even though his eyes be turned elsewhere, produce bass, treble or intermediate notes by force of habit, so the thought of the orator should suffer no delay owing to the variety and number of possible arguments, but that the latter should present themselves uncalled and, just as letters and syllables require no thought on the part of a writer, so arguments should spontaneously follow the thought of the orator.
1548
Tertium
genus
ex
iis
,
quae
extrinsecus
adducuntur
in
causam
,
Graeci
vacant
παράδειγμα
,
quo
nomine
et
generaliter
usi
sunt
in
omni
similium
adpositione
et
specialiter
in
iis
,
quae
rerum
gestarum
auctoritate
nituntur
.
Nostri
fere
similitudinem
vocari
maluerunt
,
quod
ab
illis
παραβολὴ
dicitur
,
alterum
exemplum
,
quanquam
et
hoc
simile
est
et
illud
exemplum
.
The third kind of proof, which is drawn into the service of the case from without, is styled a παράδειγμα by the Greeks, who apply the term to all comparisons of like with like, but more especially to historical parallels. Roman writers have for the most part preferred to give the name of comparison to that which the Greeks style παραβολή, while they translate παράδειγμα by example, although this latter involves comparison, while the former is of the nature of an example.
1549
Nos
,
quo
facilius
propositum
explicemus
,
utrumque
παράδειγμα
esse
credamus
,
et
ipsi
appellemus
exemplum
.
Nec
vereor
,
ne
videar
repugnare
Ciceroni
,
quanquam
collationem
separat
ab
exemplo
.
Nam
idem
omnem
argumentationem
dividit
in
duas
partes
,
inductionem
et
ratiocinationem
,
ut
plerique
Graecorum
in
παραδείγματα
et
ἐπιχειρήματα
dixeruntque
παράδειγμα
ῥητορικὴν
ἐπαγωγήν
.
For my own part, I prefer with a view to making my purpose easier of apprehension to regard both as παραδείγματα and to call them examples. Nor am I afraid of being thought to disagree with Cicero, although he does separate comparison from example. For he divides all arguments into two classes, induction and ratiocination, just as most Greeks divide it into παραδείγματα and ἐπιχειρήματα, explaining παράδειγμα as a rhetorical induction.
1550
Nam
illa
,
qua
plurimum
est
Socrates
usus
,
hanc
habuit
viam
,
ut
cum
plura
interrogasset
,
quae
fateri
adversario
necesse
esset
,
novissime
id
,
de
quo
quaerebatur
,
inferret
,
ut
simile
concessis
.
Id
est
inductio
.
Hoc
in
oratione
fieri
non
potest
;
sed
,
quod
illic
interrogatur
,
hic
fere
sumitur
.
The method of argument chiefly used by Socrates was of this nature: when he had asked a number of questions to which his adversary could only agree, he finally inferred the conclusion of the problem under discussion from its resemblance to the points already conceded. This method is known as induction, and though it cannot be used in a set speech, it is usual in a speech to assume that which takes the form of a question in dialogue.
1551
Sit
igitur
illa
interrogatio
talis
:
Quod
est
pomum
generosissimum
?
nonne
quod
optimum
?
concedetur
.
Quid
equus
?
qui
generosissimus
?
Nonne
qui
optimus
?
et
plura
in
eundem
modum
.
Deinde
,
cuius
rei
gratia
rogatum
est
,
Quid
homo
?
Nonne
is
generosissimus
,
qui
optimus
?
fatendum
erit
.
For instance take the following question: "What is the finest form of fruit? Is it not that which is best?" This will be admitted. "What of the horse? What is the finest? Is it not that which is the best?" Several more questions of the same kind follow. Last comes the question for the sake of which all the others were put: "What of man? Is not he the finest type who is best?" The answer can only be in the affirmative.
1552
Hoc
in
testium
interrogatione
valet
plurimum
,
in
oratione
perpetua
dissimile
est
;
aut
enim
sibi
ipse
respondet
orator
aut
quod
illic
interrogatur
,
hic
fere
sumitur
.
Quod
pomum
generosissimum
?
puto
,
quod
optimum
;
et
equus
?
qui
velocissimus
:
ita
hominum
,
non
qui
claritate
nascendi
sed
qui
uirtute
maxime
excellet
.
Omnia
igitur
ex
hoc
genere
sumpta
necesse
est
aut
similia
esse
aut
dissimilia
aut
contraria
.
Similitudo
adsumitur
interim
et
ad
orationis
ornatum
;
sed
illa
,
cum
res
exiget
,
nunc
ea
,
quae
ad
probationem
pertinent
,
exsequar
.
Such a procedure is most valuable in the examination of witnesses, but is differently employed in a set speech. For there the orator either answers his own questions or makes an assumption of that which in dialogue takes the form of a question. " What is the finest fruit? The best, I should imagine. What is the finest horse? The swiftest. So too the finest type of man is not he that is noblest of birth, but he that is most excellent in virtue. " All arguments of this kind, therefore, must be from things like or unlike or contrary. Similes are, it is true, sometimes employed for the embellishment of the speech as well, but I will deal with them in their proper place; at present I am concerned with the use of similitude in proof.
1553
Potentissimum
autem
est
inter
ea
quae
sunt
huius
generis
,
quod
proprie
vocamus
exemplum
,
id
est
rei
gestae
aut
ut
gestae
utilis
ad
persuadendum
id
quod
intenderis
commemoratio
.
Intuendum
igitur
est
,
totum
simile
sit
an
ex
parte
,
ut
aut
omnia
ex
eo
sumamus
aut
quae
utilia
sunt
.
Simile
est
,
iure
occisus
est
Saturninus
sicut
Gracchi
.
Dissimile
,
The most important of proofs of this class is that which is most properly styled example, that is to say the adducing of some past action real or assumed which may serve to persuade the audience of the truth of the point which we are trying to make. We must therefore consider whether the parallel is complete or only partial, that we may know whether to use it in its entirety or merely to select those portions which are serviceable. We argue from the like when we say, "Saturninus was justly killed, as were the Gracchi" ; from the unlike when we say,
1554
Brutus
occidit
liberos
proditionem
molientes
;
Manlius
virtutem
filii
morte
multavit
.
Contrarium
,
Marcellus
ornamenta
Syracusanis
hostibus
restituit
;
Verres
eadem
sociis
abstulit
.
Et
probandorum
et
culpandorum
ex
iis
confirmatio
eosdem
gradus
habet
.
" Brutus killed his sons for plotting against the state, while Manlius condemned his son to death for his valoulr " ; from the contrary when we say, " Marcellus restored the works of art which had been taken from the Syracusans who were our enemies, while Verres took the same works of art from our allies. " The same divisions apply also to such forms of proof in panegyric or denunciation.
1555
Etiam
in
iis
,
quae
futura
dicemus
,
utilis
similium
admonitio
est
,
ut
si
quis
dicens
,
Dionysium
idcirco
petere
custodes
salutis
suae
,
ut
eorum
adiutus
armis
tyrannidem
occupet
,
hoc
referat
exemplum
,
eadem
ratione
Pisistratum
ad
dominationem
pervenisse
.
It will also be found useful when we are speaking of what is likely to happen to refer to historical parallels: for instance if the orator asserts that Dionysius is asking for a bodyguard that with their armed assistance he may establish himself as tyrant, he may adduce the parallel case of Pisistratus who secured the supreme power by similar means.
1556
Sed
ut
sunt
exempla
interim
tota
similia
ut
hoc
proximum
,
sic
interim
ex
maioribus
ad
minora
,
ex
minoribus
ad
maiora
ducuntur
.
Urbes
violata
propter
matrimonia
eversae
sunt
;
quid
fieri
adultero
par
est
?
Tibicines
,
cum
ab
urbe
discessissent
,
publice
revocati
sunt
;
quanto
magis
principes
civitatis
viri
et
bene
de
republica
meriti
,
cum
invidiae
cesserint
,
ab
exilio
reducendi
?
But while examples may at times, as in the last instance, apply in their entirety, at times we shall argue from the greater to the less or from the less to the greater. " Cities have been overthrown by the violation of the marriage bond. What punishment then will meet the case of adultery? " Fluteplayers have been recalled by the state to the city which they had left. How much more then is it just that leading citizens who have rendered good service to their country should be recalled from that exile to which they have been driven by envy. "
1557
Ad
exhortationem
vero
praecipue
valent
imparia
.
Admirabilior
in
femina
quam
in
viro
virtus
.
Quare
,
si
ad
fortiter
faciendum
accendatur
aliquis
,
non
tantum
adferent
momenti
Horatius
et
Torquatus
quantum
illa
mulier
cuius
manu
Pyrrhus
est
interfectus
,
et
ad
moriendum
non
tam
Cato
et
Scipio
quam
Lucretia
;
quod
ipsum
est
ex
maioribus
ad
minora
.
Arguments from unlikes are most useful in exhortation. Courage is more remarkable in a woman than in a man. Therefore, if we wish to kindle someone's ambition to the performance of heroic deeds, we shall find that parallels drawn from the cases of Horatius and Torquatus will carry less weight than that of the woman by whose hand Pyrrhus was slain, and if we wish to urge a man to meet death, the cases of Cato and Scipio will carry less weight than that of Lucretia. These are however arguments from the greater to the less.
1558
Singula
igitur
horum
generum
ex
Cicerone
(
nam
unde
potius
? )
exempla
ponamus
.
Simile
est
hoc
pro
Murena
,
Etenim
mihi
ipsi
accidit
,
it
cum
duobus
patriciis
,
altero
improbissimo
et
audacissimo
altero
modestissimo
atque
optimo
viro
,
peterem
;
superavi
tamen
dignitate
Catilinam
,
gratia
Galbam
.
Let me then give you separate examples of these classes of argument from the pages of Cicero; for where should I find better? The following passage from the pro Murena is an instance of argument from the like: " For it happened that I myself when a candidate had two patricians as competitors, the one a man of the most unscrupulous and reckless character, the other a most excellent and respectable citizen. Yet I defeated Catiline by force of merit and Galba by my popularity. "