Institutio Oratoria |
Translator: Harold Edgeworth Butler
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| 1559 |
Maius minoris , pro Milone , Negant intueri lucem esse fas ei qui a se hominem occisum esse fateatur . In qua tandem urbe hoc homines stultissimi disputant ? nempe in ea quae primum iudicium de capite vidit M . Horatii , fortissimi viri , qui nondum libera civitate tamen populi Romani comitiis liberatus est , cum sua mann sororem esse interfectam fateretur . Minus maioris : Occidi , occidi , non Spurium Maelium , qui annona levanda iacturisque rei familiaris , quia nimis amplecti plebem videbatur , in suspicionem incidit regni adfectandi , et cetera , deinde , Sed eum ( auderet enim dicere , cum patriam periculo liberasset ) cuius nefandum adulterium in pulvinaribus , et totus in Clodium locus .
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The pro Milone will give us an example of argument from the greater to the less: " They say that he who confesses to having killed a man is not fit to look upon the light of day. Where is the city in which men are such fools as to argue thus? It is Rome itself, the city whose first trial on a capital charge was that of Marcus Horatius, the bravest of men, who, though the city had not yet attained its freedom, was none the less acquitted by the assembly of the Roman people, in spite of the fact that he confessed that he had slain his sister with his own hand. " The following is an example of argument from the less to the greater: " I killed, not Spurius Maelius, who by lowering the price of corn and sacrificing his private fortune fell under the suspicion of desiring to make himself king, because it seemed that he was courting popularity with the common people overmuch, " and so on till we come to, " No, the man I killed (for my client would not shrink from the avowal, since his deed had saved his country) was he who committed abominable adultery even in the shrines of the gods " ; then follows the whole invective against Clodius. |
| 1560 |
Dissimile plures causas habet , fit enim genere , modo , tempore , loco , ceteris , per quae fere omnia Cicero praeiudicia , quae de Cluentio videbantur facta , subvertit ; contrario vero exemplo censoriam notam laudando censorem Africanum , qui eum , quem peierasse conceptis verbis palam dixisset , testimonium etiam pollicitus , si quis contra diceret , nullo accusante , traducere equum passus esset ; quae , quia erant longiora , non suis verbis exposui .
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Arguments from unlikes present great variety, for they may turn on kind, manner, time, place, etcetera, almost every one of which Cicero employs to overthrow the previous decisions that seemed to apply to the case of Cluentius, while he makes use of argument from contraries when lie minimises the importance of the censorial stigma by praising Scipio Africanus, who in his capacity of censor allowed one whom he openly asserted to have committed deliberate perjury to retain his horse, because no one had appeared as evidence against him, though he promised to come forward himself to bear witness to his guilt, if any should be found to accuse him. I have paraphrased this passage because it is too long to quote. |
| 1561 |
Breve autem apud Vergilium contrarii exemplum est : " At non ille , satum quo te mentiris , Achilles Talis in hoste fuit Priamo . "
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A brief example of a similar argument is to be found in Virgil, "But he, whom falsely thou dost call thy father, Even Achilles, in far other wise Dealt with old Priam, and Priam was his foe." |
| 1562 |
Quaedam autem ex iis , quae gesta sunt , tota narrabimus , ut Cicero pro Milone : Pudicitiam cum eriperet militi tribunus militaris in exercitu C . Marii , propinquus eius imperatoris , interfectus ab eo est , cui vim adferebat . Facere enim probus adolescens periculose quam perpeti turpiter maluit ; atque hunc ille summus vir scelere solutum periculo liberavit .
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Historical parallels may however sometimes be related in full, as in the pro Milone : " When a military tribune serving in the army of Gaius Marius, to whom he was related, made an assault upon the honour of a common soldier, the latter killed him; for the virtuous youth preferred to risk his life by slaying him to suffering such dishonour. And yet the great Marius acquitted him of all crime and let him go scot free. " |
| 1563 |
Quaedam significare satis erit , ut idem ac pro eodem : Neque enim posset Ahala ille Servilius aut P . Nasica aut L . Opimius aut me consule senatus non nefarius haberi , si sceleratos interfici nefas esset . Haec ita dicentur , prout nota erunt vel utilitas causae aut decor postulabit .
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On the other hand in certain cases it will be sufficient merely to allude to the parallel, as Cicero does in the same speech : " For neither the famous Servilius Ahala nor Publius Nasica nor Lucius Opimius nor the Senate during my consulship could be cleared of serious guilt, if it were a crime to put wicked men to death. " Such parallels will be adduced at greater or less length according as they are familiar or as the interests or adornment of our case may demand. |
| 1564 |
Eadem ratio est eorum , quae ex poeticis fabulis ducuntur , nisi quod iis minus adfirmationis adhibetur ; cuius usus qualis esse deberet , idem optimus auctor ac magister eloquentiae ostendit .
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A similar method is to be pursued in quoting from the fictions of the poets, though we must remember that they will be of less force as proofs. The same supreme authority, the great master of eloquence, shows us how we should employ such quotations. |
| 1565 |
Nam huius quoque generis in eadem oratione reperietur exemplum Itaque hoc , iudices , non sine causa etiam fictis fabulis doctissimi homines memoriae prodiderunt , eum , qui patris ulciscendi causa matrem necauisset , variatis hominum sententiis , non solum divina sed sapientissimae deae sententia liberatum .
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For an example of this type will be found in the same speech : " And it is therefore, gentlemen of' the jury, that men of the greatest learning have recorded in their fictitious narratives that one who had killed his mother to avenge his father was acquitted, when the opinion of men was divided as to his guilt, not merely by the decision of a deity, but by the vote of the wisest of goddesses. " |
| 1566 |
Illae quoque fabellae , quae , etiamsi originem non ab Aesopo acceperunt ( nam uidetur earum primus auctor Hesiodus ) , nomine tamen Aesopi maxime celebrantur , ducere animos solent praecipue rusticorum et imperitorum , qui et simplicius , quae ficta sunt , audiunt , et capti voluptate facile iis quibus delectantur consentiunt : siquidem et Menenius Agrippa plebem cum patribus in gratiam traditur reduxisse nota ilia de membris humanis adversus ventrem discordantibus fabula .
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Again those fables which, although they did not originate with Aesop (for Hesiod seems to have been the first to write them), are best known by Aesop's name, are specially attractive to rude and uneducated minds, which are less suspicious than others in their reception of fictions and, when pleased, readily agree with the arguments from which their pleasure is derived. Thus Menenius Agrippa is said to have reconciled the plebs to the patricians by his fable of the limbs' quarrel with the belly. Horace |
| 1567 |
Et Horatius ne in poemate quidem humilem generis huius usum putavit in illis versibus , Quod dixit uulpes aegroto cauta leoni . Αἶνον Graeci vocant et αἰσωπείους ut dixi , λόγους et λιβυκούς ; nostrorum quidam , non sane recepto in usum nomine , apologationem .
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also did not regard the employment of fables as beneath the dignity even of poetry; witness his lines that narrate "What the shrewd fox to the sick lion told." The Greeks call such fables αἶνοι (tales) and, as I have already remarked, Aesopean or Libyan stories, while some Roman writers term them "apologues," though the name has not found general acceptance. |
| 1568 |
Cui confine est παροιμίας genus illud , quod est velut fabella brevior et per allegorian accipitur : Non nostrum inquit onus ; bos clitellas .
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Similar to these is that class of proverb which may be regarded as an abridged fable and is understood allegorically: "The burden is not mine to carry," he said, "the ox is carrying panniers." |
| 1569 |
Proximas exempli vires habet similitudo , praecipue illa , quae ducitur citra ullam translationum mixturam ex rebus paene paribus : Ut , qui accipere in Campo consuerunt , iis candidatis , quorum nummos suppressos esse putant , inimicissimi solent esse , sic eiusmodi indices infesti tum reo venerunt .
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Simile has a force not unlike that of example, more especially when drawn from things nearly equal without any admixture of metaphor, as in the following case: " Just as those who have been accustomed to receive bribes in the Campus Martius are specially hostile to those whom they suspect of having withheld the money, so in the present case the judges came into court with a strong prejudice against the accused. " |
| 1570 |
Nam παραβολή quam Cicero collationem vocat , longius res quae comparentur repetere solet . Neque hominum modo inter se opera similia spectantur , ut Cicero pro Murena facit : Quodsi e portu solventibus , qui iam in portum ex alto invehuntur , praecipere summo studio solent et tempestatum rationem et praedonum et locorum ( quod natura adfert , ut iis faveamus , qui eadem pericula , quibus nos perfuncti sumus , ingrediantur ) , quo me tandem animo esse oportet , prope iam ex magna iactatione terram videntem , in hunc , cui video maximas tempestates esse subeundas ? sed et a mutis atque etiam inanimis interim simile huiusmodi ducitur .
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For παραβολή, which Cicero translates by "comparison," is often apt to compare things whose resemblance is far less obvious. Nor does it merely compare the actions of men as Cicero does in the pro Murena : " But if those who have just come into harbour from the high seas are in the habit of showing the greatest solicitude in warning those who are on the point of leaving port of the state of the weather, the likelihood of falling in with pirates, and the nature of the coasts which they are like to visit (for it is a natural instinct that we should take a kindly interest in those who are about to face the dangers from which we have just escaped), what think you should be my attitude who am now in sight of land after a mighty tossing on the sea, towards this man who, as I clearly see, has to face the wildest weather? " On the contrary, similes of this kind are sometimes drawn from dumb animals and inanimate objects. |
| 1571 |
Et quoniam similium alia facies in alia ratione , admonendum est rarius esse in oratione illud genus , quod εἰκόνα Graeci vocant ( quo exprimitur rerum aut personarum imago , ut Cassius : Quis istam faciem planipedis senis torquens ? ) quam id , quo probabilius fit quod intendimus : ut , si animum dicas excolendum , similitudine utaris terrae , quae neglecta spinas ac dumos , culta fructus creat ; aut si ad curam rei publicae horteris , ostendas apes etiam formicasque , non modo muta , sed etiam parva animalia , in commune tamen laborare .
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Further, since similar objects often take on a different appearance when viewed from a different angle, I feel that I ought to point out that the kind of comparison which the Greeks call εἰκών, and which expresses the appearance of things and persons (as for instance in the line of Cassius — "Who is he yonder that doth writhe his face Like some old man whose feet are wrapped in wool?) " should be more sparingly used in oratory than those comparisons which help to prove our point. For instance, if you wish to argue that the mind requires cultivation, you would use a comparison drawn from the soil, which if neglected produces thorns and thickets, but if cultivated will bear fruit; or if you are exhorting someone to enter the service of the state, you will point out that bees and ants, though not merely dumb animals, but tiny insects, still toil for the common weal. |
| 1572 |
Ex hoc genere dictum illud est Ciceronis : Ut corpora nostra sine mente , ita civitas sine lege suis partibus , ut nervis ac sanguine et membris , uti non potest . Sed ut hac corporis humani pro Cluentio , ita pro Cornelio equorum , pro Archia saxorum quoque usus est similitudine .
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Of this kind is the saying of Cicero : " As our bodies can make no use of their members without a mind to direct them, so the state can make no use of its component parts, which may be compared to the sinews, blood and limbs, unless it is directed by law. " And just as he draws this simile in the pro Cluentio from the analogy of the human body, so in the pro Cornelio he draws a simile from horses, and in the pro Archia from stones. |
| 1573 |
Illa ( ut dixi ) propiora : ut remiges sine gubernatore , sic milites sine imperatore nihil valere .Solent tamen fallere similitudinum species , ideoque adhibendum est iis iudicium . Neque enim , ut navis utilior nova quam vetus , sic amicitia ; vel , ut laudanda , quae pecuniam suam pluribus largitur , ita , quae formam . Verba sunt in his similia uetustatis et largitionis , vis quidem longe diversa navis et amicitiae , pecuniae et pudicitiae .
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As I have already said, the following type of simile comes more readily to hand: "As oarsmen are useless without a steersman, so soldiers are useless without a general. " Still it is always possible to be misled by appearances in the use of simile, and we must therefore use our judgment in their employment. For though a new ship is more useful than one which is old, this simile will not apply to friendship: and again, though we praise one who is liberal with her money, we do not praise one who is liberal with her embraces. In these cases there is similitude in the epithets old and liberal, but their force is different, when applied to ships and friendship, money and embraces. |
| 1574 |
Itaque in hoc genere maxime quaeritur , an simile sit , quod infertur . Etiam in illis interrogationibus Socratis , quarum paulo ante feci mentionem , cavendum , ne incaute respondeas ; ut apud Aeschinen Socraticum male respondit Aspasiae Xenophontis uxor , quod Cicero his verbis transfert : Dic mihi ,
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Consequently, it is allimportant in this connexion to consider whether the simile is really applicable. So in answering those Socratic questions which I mentioned above, the greatest care must be taken to avoid giving an incautious answer, such as those given by the wife of Xenophon to Aspasia in the dialogue of Aeschines the Socratic: the passage is translated by Cicero as follows: |
| 1575 |
quaeso , Xenophontis uxor , si vicina tua melius habeat aurum , quam tu habes : utrumne illud an tuum malis ? Illud , inquit . Quid si uestem et ceterum ornatum muliebrem pretii maioris habeat , quam tu , tuumne an illius malis ? Respondit , Illius vero . Age sis , inquit , si virum illa meliorem habeat , quam tu > habes , utrumne tuum virium malis an illius ?
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" Tell me, pray, wife of Xenophon, if your neighbour has finer gold ornaments than you, would you prefer hers or yours? "Hers," she replied. " Well, then, if her dress and the rest of her ornaments are more valuable than yours, which would you prefer, hers or yours? "Hers," she replied. "Come, then," said she, "if her husband is better than yours, would you prefer yours or hers?" |
| 1576 |
Hic mulier erubuit , merito ; male enim responderat se malle alienum aurum quam suum ; nam est hoc improbum . At , si respondisset malle se aurum suum tale esse , quale illud esset , potuisset pudice respondere malle se virum suum talem esse , qualis melior esset .
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At this the wife of Xenophon not unnaturally blushed; for she had answered ill in replying that she would prefer her neighbour's gold ornaments to her own, since it would be wrong to do so. If on the other hand she had replied that she would prefer her ornaments to be of the same quality as those of her neighbour, she might have answered without putting herself to the blush that she would prefer her husband to be like him who was his superior in virtue. |
| 1577 |
Scio quosdam inani diligentia per minutissimas ista partes secuisse , et esse aliquid minus simile , ut simia homini et marmora deformata prima manu , aliquid plus , ut illud , Non ovum tam simile ovo ; et dissimilibus inesse simile , ut formicae et elephanto genus , quia sunt animalia ; et similibus dissimile , ut canibus catulos et matribus haedos , differunt enim aetate ; contrariorum quoque aliter accipi opposita ,
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I am aware that some writers have shown pedantic zeal in making a minute classification of similes, and have pointed out that there is lesser similitude (such as that of a monkey to a man or a statue when first blocked out to its original), a greater similitude (for which compare the proverb "As like as egg to egg" ), a similitude in things dissimilar (an elephant, for instance, and an ant both belong to the genus animal ),and dissimilitude in things similar (puppies and kids, for example, are unlike the parents, for they differ from them in point of age). |
| 1578 |
ut noctem luci , aliter noxia , ut aquam frigidam febri , aliter repugnantia , ut verum falso , aliter disparata , ut dura non duris ; sed , quid haec ad praesens propositum magnopere pertineant , non reperio . Illud est adnotandum magis ,
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So too they distinguish between contraries: some are opposites, as night to day, some hurtful, as cold water to a fever, some contradictory, as truth to falsehood, and some negative, as things which are not hard when contrasted with things which are hard. But I cannot see that such distinctions have any real bearing on the subject under discussion. |
| 1579 |
argumenta duci ex iure simili : ut Cicero in Topicis , Eum , cui domus usus fructus relictus sit , non restituturum heredi , si corruerit , quia non restituat servum , si is decesserit ; ex contrario : Nihil obstat quo minus iustum matrimonium sit mente coeuntium , etiamsi tabulae signatae non fuerint . Nihil enim proderit signasse tabulas , si mentem matrimonii non fuisse constabit ; ex dissimili , quale est Ciceronis pro Caecina :
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It is more important for our purpose to note that arguments may be drawn from similar, opposite, and dissimilar points of law. As an example of the first, take the following passage from the Topica of Cicero, where he argues that a man to whom the usufruct of a house has been left will not restore it in the interests of the heir if it collapses; just as lie would not replace a slave if he should die. The following will provide an example of an argument drawn from opposite points of law: " The absence of a formal contract is no bar to the legality of a marriage, provided the parties cohabit by mutual consent, since the signing of a formal document will count for nothing in the absence of such mutual consent. " An instance of an argument drawn from dissimilar points of law occurs in the pro Caecina of Cicero : |
| 1580 |
Ut , si qui me exire domo coegisset armis , haberem actionem , si qui introire prohibuisset , non haberem ? Dissimilia sic deprehenduntur , Non si , qui argentum omne legarit , videri potest signatam quoque pecuniam reliquisse , ideo etiam , quod est in nominibus , dari voluisse creditur .
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" If anyone had driven me from my house by armed violence, I should have ground for action against him. Have I then no ground, if he has prevented me from entering my house? " Dissimilar points may be illustrated by the following example : " Because a man has bequeathed all his silver to a given person and this bequest is regarded as including silver coin as well as plate, it does not follow that he intended all outstanding debts to be paid to the legatee. " |
| 1581 |
Ἀναλογίαν quidam a simili separaverunt , nos eam subiectam huic generi putamus . Nam , ut unum ad decem , ita decem ad centum simile certe est ; et ut hostis , sic malus civis . Quanquam haec ulterius quoque procedere solent : si turpis dominae consuetudo cum servo , turpis domino cum ancilla ; si mutis animalibus finis voluptas , idem homini .
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Some draw a distinction between analogy and similarly, but personally I regard the former as included under the latter. For the statement that the relation of 1 to 10 is the same as that of 10 to certainly involves similarity, just as does the statement that a bad citizen may be compared to an actual enemy. But arguments of this kind are carried still further: " If connexion with a male slave is disgraceful to the mistress of the house, so is the connexion of the master with a female slave. If pleasure is an end sought by dumb animals, so also must it be with men. " |
| 1582 |
Cui rei facillime occurrit ex dissimilibus argumentatio : Non idem est dominum cum ancilla coisse , quod dominam cum servo ; nec , si mutis finis voluptas , rationalibus quoque ; immo ex contrario : Quia mutis , ideo non rationalibus .
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But these arguments may readily be met by arguments from dissimilars: " It is not the same thing for the master of the house to have intercourse with a female slave as for the mistress to have intercourse with a male slave; nor does it follow that because dumb animals pursue pleasure, reasoning beings should do likewise. " Or they may even be met by arguments from opposites; as for instance, " Because pleasure is an end sought by dumb animals, it should not be sought by reasoning beings. " |
| 1583 |
Adhibebitur extrinsecus in causam et auctoritas . Haec secuti Graecos , a quibus κρίσεις dicuntur , iudicia aut indicationes vocant , non de quibus ex causa dicta sententia est ( nam ea quidem in exemplorum locum cedunt ) , sed si quid ita visum gentibus , populis , sapientibus viris , claris civibus , illustribus poetis referri potest .
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Authority also may be drawn from external sources to support a case. Those who follow the Greeks, who call such arguments κρίσεις, style them judgments or adjudications, thereby referring not to matters on which judicial sentence has been pronounced (for such decisions form examples or precedents), but to whatever may be regarded as expressing the opinion of nations, peoples, philosophers, distinguished citizens, or illustrious poets. Nay, |
| 1584 |
Ne haec quidem vulgo dicta et recepta persuasione populari sine usu fuerint . Testimonia sunt enim quodammodo vel potentiora etiam , quod non causis accommodata , sed liberis odio et gratia mentibus ideo tantum dicta factaque , quia aut honestissima aut verissima videbantur .
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even common sayings and popular beliefs may be found to be useful. For they form a sort of testimony, which is rendered all the more impressive by the fact that it was not given to suit special cases, but was the utterance or action of minds swayed neither by prejudice or influence, simply because it seemed the most honourable or honest thing to say or do. |
| 1585 |
An vero me de incommodis vitae disserentem non adiuvabit earum persuasio nationum , quae fletibus natos , laetitia defunctos prosecuntur ? Aut si misericordiam commendabo iudici , nihil proderit , quod prudentissima civitas Atheniensium non eam pro adfectu sed pro numine accepit ?
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For instance, if I am speaking of the misfortunes of this mortal life, surely it will help me to adduce the opinion of those nations who hold that we should weep over the new-born child and rejoice over the dead. Or if I am urging the judge to shew pity, surely my argument may be assisted by the fact that Athens, the wisest of all states, regarded pity not merely as an emotion, but even as a god. Again, |
| 1586 |
Iam illa septem praecepta sapientium nonne quasdam vitae leges existimamus ? Si causam ueneficii dicat adultera , non M . Catonis iudicio damnata videatur , qui nullam adulteram non eandem esse veneficam dixit ? Nam sententiis quidem poetarum non orationes modo sunt refertae sed libri etiam philosophorum , qui quanquam inferiora omnia praeceptis suis ac litteris credunt , repetere tamen auctoritatem a plurimis versibus non fastidierunt .
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do we not regard the precepts of the Seven Wise Men as so many rules of life? If an adulteress is on her trial for poisoning, is she not already to be regarded as condemned by the judgment of Marcus Cato, who asserted that every adulteress was as good as a poisoner? As for reflexions drawn from the poets, not only speeches, but even the works of the philosophers, are full of them; for although the philosophers think everything inferior to their own precepts and writings, they have not thought it beneath their dignity to quote numbers of lines from the poets to lend authority to their statements. |
| 1587 |
Neque est ignobile exemplum , Megarios ab Atheniensibus , cum de Salamine contenderent , victos Homeri versu , qui tamen ipse non in omni editione reperitur , significans Aiacem naves suas Atheniensibus iunxisse . Ea quoque ,
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Again, a remarkable example of the weight carried by authority is provided by the fact that when the Megarians disputed the possession of Salamis with the Athenians, the latter prevailed by citing a line from Homer, which is not however found in all editions, to the effect that Ajax united his ships with those of the Athenians. |
| 1588 |
quae vulgo recepta sunt , hoc ipso , quod incertum auctorem habent , velut omnium fiunt : quale est , Ubi amici , ibi opes , et , Conscientia mille testes , et apud Ciceronem , Pares autem ( ut est in vetere proverbio ) cum paribus maxime congregantur ; neque enim durassent haec in aeternum , nisi vera omnibus , uiderentur .
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Generally received sayings also become common property owing to the very fact that they are anonymous, as, for instance, "Friends are a treasure," or "Conscience is as good as a thousand witnesses," or, to quote Cicero, "In the words of the old proverb, birds of a feather flock together." Sayings such as these would not have acquired immortality had they not carried conviction of their truth to all mankind. |
| 1589 |
Ponitur a quibusdam et quidem in parte prima deorum auctoritas , quae est ex responsis , ut , Socraten esse sapientissimum .Id rarum est , non sine usu tamen . Utitur eo Cicero in libro de aruspicum responsis et in contione contra Catilinam ,cum signum Iovis columnae impositum populo ostendit , et pro Ligario , cum causam C . Caesaris meliorem , quia hoc dii iudicaverint , confitetur . Quae cum propria causae sunt , divina testimonia vocantur ; cum aliunde arcessuntur , argumenta .
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Some include under this head the supernatural authority that is derived from oracles, as for instance the response asserting that Socrates was the wisest of mankind: indeed, they rank it above all other authorities. Such authority is rare, but may prove useful. It is employed by Cicero in his speech on the Replies of the Soothsayers and in the oration in which he denounced Catiline to the people, when he points to the statue of Jupiter crowning a column, and again in the pro Ligario, where lie admits the cause of Caesar to be the better because the gods have decided in his favour. When such arguments are inherent in the case itself they are called supernatural evidence; when they are adduced from without they are styled supernatural arguments. |
| 1590 |
Nonnunquam contingit iudicis quoque aut adversarii aut eius , qui ex diverso agit , dictum aliquid aut factum adsumere ad eorum , quae intendimus , fidem . Propter quod fuerunt , qui exempla et has auctoritates inartificialium probationum esse arbitrarentur , quod ea non inveniret orator ,
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Sometimes, again, it may be possible to produce some saying or action of the judge, of our adversary or his advocate in order to prove our point. There have therefore been some writers who have regarded examples and the use of authorities of which I am speaking as belonging to inartificial proofs, on the ground that the orator does not discover them, but receives them readymade. But the point is of great importance. |
| 1591 |
sed acciperet . Plurimum autem refert . Nam testis et quaestio et his similia de ipsa re , quae in iudicio est , pronuntiant ; extra petita , nisi ad aliquam praesentis disceptationis utilitatem ingenio applicantur , nihil per se valent .
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For witnesses and investigation and the like all make some pronouncement on the actual matter under trial, whereas arguments drawn from without are in themselves useless, unless the pleader has the wit to apply them in such a manner as to support the points which he is trying to make. |
| 1592 |
Haec fere de probatione vel ab aliis tradita vel usu percepta in hoc tempus sciebam . Neque mihi fiducia est , ut ea sola esse contendam , quin immo hortor ad quaerendum et inveniri posse fateor ; quae tamen adiecta fuerint , non multum ab his abhorrebunt . Nunc breviter , quemadmodum sit utendum iis , subiungam .
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Such in the main are the views about proof which I have either heard from others or learned by experience. I would not venture to assert that this is all there is to be said; indeed I would exhort students to make further researches on the subject, for I admit the possibilities of making further discoveries. Still anything that may be discovered will not differ greatly from what I have said here. I will now proceed to make a few remarks as to how proofs should be employed. |
| 1593 |
Traditum fere est argumentum oportere esse confessum ; dubiis enim probari dubia qui possunt Quaedam tamen , quae in alterius rei probationem ducimus , ipsa probanda sunt . Occidisti virum , eras enim adultera .Prius de adulterio convincendum est ut , cum id coeperit esse pro certo , fiat incerti argumentum . Spiculum tuum in corpore occisi inventum est ; negat suum : ut probationi prosit , probandum est .
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It has generally been laid down that an argument to be effective must be based on certainty; for it is obviously impossible to prove what is doubtful by what is no less doubtful. Still some things which are adduced as proof require proof themselves. "You killed your husband, for you were an adulteress." Adultery must first be proved: once that is certain it can be used as an argument to prove what is uncertain. "Your javelin was found in the body of the murdered man." He denies that it was his. If this point is to serve as a proof, it must itself be proved. It is, |
| 1594 |
Illud hoc loco monere inter necessaria est , nulla esse firmiora quam quae ex dubiis facta sunt certa . Caedes a te commissa est , cruentam enim vestem habuisti ; non est tam grave argumentum , si fatetur quam si convincitur . Nam si fatetur , multis ex causis potuit cruenta esse vestis ; si negat , hic causae cardinem ponit , in quo si victus fuerit , etiam in sequentibus ruit . Non enim videtur in negando mentiturus fuisse , nisi desperasset id posse defendi , si confiteretur .
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however, necessary in this connection to point out that there are no stronger proofs than those in which uncertainty has been converted into certainty. "You committed the murder, for your clothes were stained with blood." 'This argument is not so strong if the accused admits that his clothes were bloodstained as if the fact is proved against his denial. For if he admits it, there are still a number of ways in which the blood could have got on to his clothes: if on the other hand he denies it, lie makes his whole case turn on this point, and if his contention is disproved, he will he unable to make a stand on any subsequent ground. For it will be thought that he would never have told a lie in denying the allegation, unless he had felt it a hopeless task to justify himself if he admitted it. |
| 1595 |
Firmissimis argumentorum singulis instandum , infirmiora congreganda sunt , quia illa per se fortia non oportet circumstantibus obscurare , ut qualia sunt appareant , haec imbecilla natura mutuo auxilio sustinentur .
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In insisting on our strongest arguments we must take them singly, whereas our weaker arguments should be massed together: for it is undesirable that those arguments which are strong in themselves should have their force obscured by the surrounding matter, since it is important to show their true nature: on the other hand arguments which are naturally weak will receive mutual support if grouped together. |
| 1596 |
Ita quae non possunt valere , quia magna sint , valebunt , quia multa sunt ; utique vero ad eiusdem rei probationem omnia spectant . Ut , si quis hereditatis gratia hominem occidisse dicatur : Hereditatem sperabas et magnam hereditatem , et pauper eras et tum maxime a creditoribus appellabaris ; et offenderas eum , cuius eras heres , et mutaturum tabulas sciebas . Singula levia sunt et communia , universa vero nocent etiamsi non ut fulmine , tamen ut grandine .
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Consequently arguments which have no individual force on the ground of strength will acquire force in virtue of their number, since all tend to prove the same thing. For instance, if one man is accused of having murdered another for the sake of his property, it may be argued as follows: " You had expectations of succeeding to the inheritance, which was moreover very large: you were a poor man, and at the time in question were specially hard pressed by your creditors: you had also offended him whose heir you were, and knew that he intended to alter his will. " These arguments are trivial and commonplace in detail, but their cumulative force is damaging. They may not have the overwhelming force of a thunderbolt, but they will have all the destructive force of hail. |