LIX. But people often ask, whether in every portion of a paragraph it

is necessary to have a regard to rhythm, or whether it is sufficient

to do so at the beginning and end of a sentence. For many people think

that it is sufficient for a sentence to end and be wound up in a

rhythmical manner. But although that is the main point, it is not the

only one; for the sounding of the periods is only to be laid aside,

not to be thrown away. And therefore, as men's ears are always on the

watch for the end of a sentence, and are greatly influenced by that,

that certainly ought never to be devoid of rhythm; but harmony ought

to pervade the whole sentence from beginning to end; and the whole

ought to proceed from the beginning so naturally that the end shall be

consistent with every previous part. But that will not be difficult

to men who have been trained in a good school, who have written many

things, and who have made also all the speeches which they have

delivered without written papers like written speeches. For the

sentence is first composed in the mind; and then words come

immediately: and then they are immediately sent forth by the mind,

than which nothing is more rapid in its movements; so that each falls

into its proper place. And then their regular order is settled by

different terminations in different sentences; and all the expressions

at the beginning and in the middle of the sentence ought to be

composed with reference to the end. For sometimes the torrent of an

oration is rapid; sometimes its progress is moderate; so that from the

very beginning one can see how one wishes to come to the end. Nor is

it in rhythm more than in the other embellishments of a speech that we

behave exactly as poets do; though still, in an oration, we avoid all

resemblance to a poem.

LX. For there is in both oratory and poetry, first of all the

material, then the execution. The material consists in the words,

the execution in the arrangement of the words. But there are three

divisions of each,--of words there is the metaphorical, the new, and

the old-fashioned; for of appropriate words we say nothing at

present; but of arrangement there are those which we have mentioned,

composition, neatness, and rhythm. But the poets are the most free

and frequent in the use of each; for they use words in a metaphorical

sense not only more frequently, but also more daringly; and they use

old-fashioned words more willingly, and new ones more freely. And the

case with respect to rhythm is the same; in which they are obliged

to comply with a kind of necessity: but still these things must be

understood as being neither too different, nor yet in any respect

united. Accordingly we find that rhythm is not the same in an oration

as in a poem; and that that which is pronounced to be rhythmical in an

oration is not always effected by a strict attention to the rules of

rhythm; but sometimes either by neatness, or by the casual arrangement

of the words.

Accordingly, if the question is raised as to what is the rhythm of an

oration, it is every sort of rhythm; but one sort is better and more

suitable than another. If the question is, what is the place of this

rhythm? it is in every portion of the words. If you ask where it has

arisen; it has arisen from the pleasure of the ears. If the principle

is sought on which the words are to be arranged; that will be

explained in another place, because that relates to practice, which

was the fourth and last division which we made of the subject. If

the question is, when; always: if, in what place; it consists in

the entire connexion of the words. If we are asked, What is the

circumstance which causes pleasure? we reply, that it is the same

as in verse; the method of which is determined by art; but the ears

themselves define it by their own silent sensations, without any

reference to principles of art.

LXI. We have said enough of the nature of it. The practice follows;

and that we must discuss with greater accuracy. And in this discussion

inquiry has been made, whether it is in the whole of that rounding of

a sentence which the Greeks call [Greek: periodos], and which we call

"_ambitus_" or "_circuitus_," or "_comprehensio_" or "_continuatio_"

or "_circumscriptio_," or in the beginning only, or in the end, or

in both, that rhythm must be maintained? And, in the next place, as

rhythm appears one thing and a rhythmical sentence another, what is

the difference between them? and again, whether it is proper for

the divisions of a sentence to be equal in every sort of rhythm, or

whether we should make some shorter and some longer; and if so, when,

and why, and in what parts; whether in many or in one; whether in

unequal or equal ones; and when we are to use one, and when the other;

and what words may be most suitably combined together, and how; or

whether there is absolutely no distinction; and, what is most material

to the subject of all things, by what system oratory may be made

rhythmical. We must also explain from whence such a form of words has

arisen; and we must explain what periods it may be becoming to make,

and we must also discuss their parts and sections, if I may so call

them; and inquire whether they have all one appearance and length, or

more than one; and if many, in what place; or when we may use them,

and what kinds it is proper to use; and, lastly, the utility of the

whole kind is to be explained, which indeed is of wider application;

for it is adapted not to any one particular thing, but to many.

And a man may, without giving replies on each separate point, speak of

the entire genus in such a way that his answer may appear sufficient

as to the whole matter. Leaving, therefore, the other kinds out of the

question, we select this one, which is conversant with actions and the

forum, concerning which we will speak.

Therefore in other kinds, that is to say, in history and in that kind

of argument which we call [Greek: epideiktikon], it seems good

that everything should be said after the example of Isocrates and

Theopompus, with that sort of period and rounding of a sentence that

the oration shall run on in a sort of circle, until it stops in

separate, perfect, and complete sentences. Therefore after this

_circumscriptio_, or _continuatio_, or _comprehensio_, or _ambitus_,

if we may so call it, was once introduced, there was no one of any

consideration who ever wrote an oration of that kind which was

intended only to give pleasure, and unconnected with judicial

proceedings or forensic contests, who did not reduce almost all his

sentences to a certain set form and rhythm. For, as his hearers are

men who have no fear that their own good faith is being attempted to

be undermined by the snare of a well-arranged oration, they are even

grateful to the orator for studying so much to gratify their ears.

LXII. But this kind of oratory is neither to be wholly appropriated

to forensic causes, nor is it entirely to be repudiated. For if

you constantly employ it, when it has produced weariness then even

unskilful people can recognise its character. Besides, it takes away

the indignation which is intended to be excited by the pleading; it

takes away the manly sensibility of the pleader; it wholly puts an

end to all truth and good faith. But since it ought to be employed at

times, first of all, we should see in what place; secondly, how long

it is to be maintained; and lastly, in how many ways it may be varied.

We must, then, employ a rhythmical oratory, if we have occasion either

to praise anything in an ornate style,--as we ourselves spoke in the

second book of our impeachment of Verres concerning the praise of

Sicily; and in the senate, of my own consulship; or a narration must

be delivered which requires more dignity than indignation,--as in the

fourth book of that same impeachment we spoke concerning the Ceres of

Enna, the Diana of Segeste, and the situation of Syracuse. Often

also when employed in amplifying a case, an oration is poured forth

harmoniously and volubly with the approbation of all men. That perhaps

we have never quite accomplished; but we have certainly very often

attempted it; as our perorations in many places show that we have, and

indeed that we have been very eager to effect it. But this is most

effective when the hearer is already blockaded, as it were, and taken

prisoner by the speaker. For he then no longer thinks of watching and

guarding against the orator, but he is already on his side; and wishes

him to proceed, admitting the force of his eloquence, and never

thinking of looking for anything with which to find fault.

But this style is not to be maintained long; I do not mean in the

peroration which it concludes, but in the other divisions of the

speech. For when the orator has employed those topics which I have

shown to be admissible, then the whole of his efforts must be

transferred to what the Greeks call, I know not why, [Greek: kommata]

and [Greek: kola], and which we may translate, though not very

correctly, "incisa" and "membra." For there cannot be well-known

names given to things which are not known; but when we use words in a

metaphorical sense, either for the sake of sweetness or because of the

poverty of the language, this result takes place in every art, that

when we have got to speak of that which, on account of our ignorance

of its existence, had no name at all previously, necessity compels

us either to coin a new word, or to borrow a name from something

resembling it.

LXIII. But we will consider hereafter in what way sentences ought to

be expressed in short clauses or members. At present we must explain

in how many ways those different conclusions and terminations may be

changed. Rhythm flows in from the beginning, at first more rapidly,

from the shortness of the feet employed, and afterwards more slowly as

they increase in length. Disputes require rapidity; slowness is better

suited to explanations. But a period is terminated in many ways; one

of which has gained especial favour in Asia, which is called the

_dichoreus_, when the two last feet are _chorei_, consisting each of

one long and one short syllable; for we must explain that the same

feet have different names given them by different people. Now that

dichoreus is not inherently defective as part of a clause, but in the

rhythm of an orator there is nothing so vicious as to have the same

thing constantly recurring. By itself now and then it sounds very

well, on which account we have the more reason to guard against

satiety. I was present when Caius Carbo, the son of Caius, a tribune

of the people, uttered these words in the assembly of the people:

"O Maree Druse, patrem appello."

Here are two clauses, each of two feet. Then he gave us some more

periods:

"Tu dicere solebas, sacram esse rempublicam."

Here each clause consists of three feet. Then comes the conclusion:

"Quicunque eam violavissent ab omnibus esse ei poenas persolutas."

Here is the dichoreus;--for it does not signify whether the last

syllable is long or short. Then comes,

"Patris dictum sapiens, temeritas filii comprobavit."

And this last dichoreus excited such an outcry as to be quite

marvellous. I ask, was it not the rhythm which caused it? Change the

order of the words; let them stand thus:

"Comprobavit filii temeritas:"

there will be no harm in that, though _temeritas_ consists of three

short syllables and one long one; which Aristotle considers as the

best sort of word to end a sentence, in which I do not agree with him.

But still the words are the same, and the meaning is the same. That is

enough for the mind, but not enough for the ears. But this ought not

to be done too often. For at first rhythm is acknowledged; presently

it wearies; afterwards, when the ease with which it is produced is

known, it is despised.

LXIV. But there are many little clauses which sound rhythmically and

agreeably. For there is the cretic, which consists of a long syllable,

then a short one, then a long; and there is its equivalent the paeon;

which is equal in time, but longer by one syllable; and which is

considered a very convenient foot to be used in prose, as it is of two

kinds. For it consists either of one long syllable and three short

ones, which rhythm is admirable at the beginning of a sentence, but

languid at the end; or of three short syllables and then the long one,

which the ancients consider the most musical foot of the two: I do not

object to it; though there are other feet which I prefer. Even the

spondee is not utterly to be repudiated; although, because it consists

of two long syllables, it appears somewhat dull and slow; still it

has a certain steady march not devoid of dignity; but much more is it

valuable in short clauses and periods; for then it makes up for the

fewness of the feet by its dignified slowness. But when I am speaking

of these feet as occurring in clauses, I do not speak of the one

foot which occurs at the end; I add (which however is not of much

consequence) the preceding foot, and very often even the foot before

that. Even the iambic, which consists of one short and one long

syllable; or that foot which is equal to the choreus, having three

short syllables, being therefore equal in time though not in the

number of syllables; or the dactyl, which consists of one long and two

short syllables, if it is next to the last foot, joins that foot very

trippingly, if it is a choreus or a spondee. For it never makes any

difference which of these two is the last foot of a sentence. But

these same three feet end a sentence very badly if one of them is

placed at the end, unless the dactyl comes at the end instead of a

cretic; for it does not signify whether the dactyl or the cretic comes

at the end, because it does not signify even in verse whether the last

syllable of all is long or short. Wherefore, whoever said that that

paeon was more suitable in which the last syllable was long, made a

great mistake; since it has nothing to do with the matter whether the

last syllable is long or not. And indeed the paeon, as having more

syllables than three, is considered by some people as a rhythm, and

not a foot at all. It is, as is agreed upon by all the ancients,

Aristotle, Theophrastus, Theodectes, and Ephorus, the most suitable

of all for an oration, either at the beginning or in the middle; they

think that it is very suitable for it at the end also; in which place

the cretic appears to me to be better. But a dochmiac consists of

five syllables, one short, two long, one short, and one long; as

thus:--_[)A]m[=i]c[=o]s t[)e]n[=e]s_; and is suitable for any part

of the speech, as long as it is used only once. If repeated or often

renewed it then makes the rhythm conspicuous and too remarkable. If

we use these changes, numerous and varied as they are, it will not be

seen how much of our rhythm is the result of study, and we shall avoid

wearying our hearers.

LXV. And because it is not only rhythm which makes a speech

rhythmical, but since that effect is produced also by the arrangement

of the words, and by a kind of neatness, as has been said before, it

may be understood by the arrangement when words are so placed that

rhythm does not appear to have been purposely aimed at, but to have

resulted naturally, as it is said by Crassus:--

"Nam ubi libido dominatur innocentiae leve praesidium est."

For here the order of the words produces rhythm without any apparent

design on the part of the orator. Therefore, the suitable and

rhythmical sentences which occur in the works of the ancients, I mean

Herodotus, and Thucydides, and all the writers of that age, were

produced, not by any deliberate pursuit of rhythm, but by the

arrangement of the words. For there are some forms of oratory in which

there is so much neatness, that rhythm unavoidably follows. For when

like is referred to like, or contrary opposed to contrary, or when

words which sound alike are compared to other words, whatever sentence

is wound up in that manner must usually sound rhythmically. And of

this kind of sentence we have already spoken and given instances, so

that this abundance of kinds enables a man to avoid always ending a

sentence in the same manner.

Nor are these rules so strict and precise that we are unable to relax

them when we wish to. It makes a great difference whether an oration

is rhythmical--that is to say, like rhythm--or whether it consists of

nothing but rhythm. If it is the latter, that is an intolerable fault;

if it is not the former, then it is unconnected, and barbarous, and

languid.

LXVI. But since it is not only not a frequent occurrence, but actually

even a rare one, that we ought to speak in compressed and rhythmical

periods, in serious or forensic causes, it appears to follow that we

ought to consider what these clauses and short members which I have

spoken of are. For in serious causes they occupy the greater part of

the speech. For a full and perfect period consists of four divisions,

which we call members, so as to fill the ears, and not be either

shorter or longer than is just sufficient. Although each of those

defects does happen sometimes, or indeed often, so that it is

necessary either to stop abruptly, or else to proceed further, lest

our brevity should appear to have cheated the ears of our hearers, or

our prolixity to have exhausted them. But I prefer a middle course;

for I am not speaking of verse, and oratory is not so much confined. A

full period, then, consists of four divisions, like hexameter verses.

In each of these verses, then, there are visible the links, as it

were, of the connected series which we unite in the conclusion. But if

we choose to speak in a succession of short clauses, we stop, and when

it is necessary, we easily and frequently separate ourselves from that

sort of march which is apt to excite dislike; but nothing ought to

be so rhythmical as this, which is the least visible and the most

efficacious. Of this kind is that sentence which was spoken by

Crassus:--

"Missos faciant patronos; ipsi prodeant."

If he had not paused before "ipsi prodeant," he would have at once

seen that an iambic had escaped him,--"prodeant ipsi" would sound in

every respect better. But at present I am speaking of the whole kind.

"Cur clandestinis consiliis nos oppugnant?

Cur de perfugis nostris copias comparant inter nos?"

The first two are such sentences as the Greeks call [Greek: kommata],

and we "incisa." The third is such as they term [Greek: kolon], and we

"membrum." Then comes a short clause; for a perfect conclusion is made

up of two verses, that is to say members, and falls into spondees. And

Crassus was very much in the habit of employing this termination, and

I myself have a good opinion of this style of speaking.

LXVII. But those sentiments which are delivered in short clauses, or

members, ought to sound very harmoniously, as in a speech of mine you

will find:--

"Domus tibi deerat? at habebas. Pecunia superabat? at egebas."

These four clauses are as concise as can be; but then come the two

following sentences uttered in members:--

"Incurristi amens in columnas: in alienos insanus insanîsti."

After these clauses everything is sustained by a longer class of

sentences, as if they were erected on these as their pedestal:--

"Depressam, caecam, jacentem domum pluris, quam te, et quam fortunas

tuas, aestimâsti."

It is ended with a dichoreus; but the next sentence terminates with a

double spondee. For in those feet which speakers should use at times

like little daggers, the very brevity makes the feet more free. For we

often must use them separately, often two together, and a part of a

foot may be added to each foot, but not often in combinations of

more than three. But an oration when delivered in brief clauses and

members, is very forcible in serious causes, especially when you

are accusing or refuting an accusation, as in my second Cornelian

speech:--

"O callidos homines! O rem excogitatam! O ingenia metuenda!"

Hitherto this is spoken in members. After that we spoke in short

clauses. Then again in members:--

"Testes dare volumus."

At last comes the conclusion, but one made up of two members, than

which nothing can be more concise:--

"Quem, quaeso, nostrûm fefellit, ita vos esse facturos?"

Nor is there any style of speaking more lively or more forcible than

that which strikes with two or three words, sometimes with single

words; very seldom with more than two or three, and among these

various clauses there is occasionally inserted a rhythmical period.

And Hegesias, who perversely avoided this usage, while seeking to

imitate Lysias, who is almost a second Demosthenes, dividing his

sentences into little bits, was more like a dancer than an orator. And

he, indeed, errs not less in his sentences than in his single words,

so that a man who knows him has no need to look about for some

one whom he may call foolish. But I have cited those sentences of

Crassus's and my own, in order that whoever chose might judge by his

own ears what was rhythmical even in the most insignificant portions

of a speech. And since we have said more about rhythmical oratory

than any one of those who have preceded us, we will now speak of the

usefulness of that style.

LXVIII. For speaking beautifully and like an orator is, O Brutus,

nothing else (as you, indeed, know better than any one) except

speaking with the most excellent sentiments and in the most carefully

selected language. And there is no sentiment which produces any fruit

to an orator, unless it is expressed in a suitable and polished

manner. Nor is there any brilliancy of words visible unless they

are carefully arranged; and rhythm it is which sets off both these

excellences. But rhythm (for it is well to repeat this frequently) is

not only not formed in a poetical manner, but even avoids poetry, and

is as unlike it as possible. Not but that rhythm is the same thing,

not only in the writings of orators and poets, but even in the

conversation of every one who speaks, and in every imaginable sound

which we can measure with our ears. But it is the order of the feet

which makes that which is uttered appear like an oration or like

a poem. And this, whether you choose to call it composition, or

perfection, or rhythm, must be employed if a man wishes to speak

elegantly, not only (as Aristotle and Theophrastus say) that the

discourse may not run on interminably like a river, but that it may

come to a stop as it ought, not because the speaker wants to take

breath, or because the copyist puts down a stop, but because it is

compelled to do so by the restrictions of rhythm, and also because a

compact style has much greater force than a loose one. For as we see

athletes, and in a similar manner gladiators, act cautiously, neither

avoiding nor aiming at anything with too much vehemence, (for

over-vehement motions can have no rule;) so that whatever they do in

a manner advantageous for their contest, may also have a graceful and

pleasing appearance; in like manner oratory does not strike a heavy

blow, unless the aim was a well-directed one; nor does it avoid the

attack of the adversary successfully, unless even when turning aside

the blow it is aware of what is becoming. And therefore the speeches

of those men who do not end their sentences rhythmically seem to me

like the motions of those whom the Greeks call [hapalaistrous]. And it

is so far from being the case, (as those men say who, either from a

want of proper instructors, or from the slowness of their intellect,

or from an unwillingness to exert due industry, have not arrived at

this skill,) that oratory is enervated by too much attention to the

arrangement of words, that without it there can be no energy and no

force.

LXIX. But the matter is one which requires much practice, lest we

should do anything like those men who, though they have aimed at this

style, have not attained it; so that we must not openly transpose our

words in order to make our language sound better; a thing which Lucius

Coelius Antipater, in the opening of his history of the Punic War,

promises not to do unless it should be absolutely necessary. Oh the

simple man! to conceal nothing from us; and at the same time wise,

inasmuch as he is prepared to comply with necessity. But still this is

being too simple. But in writing or in sober discussion the excuse of

necessity is not admissible, for there is no such thing as necessity;

and if there were, it would still be necessary not to admit it. And

this very man who demands this indulgence of Laelius, to whom he is

writing, and to whom he is excusing himself, uses this transposition

of words, and yet does not fill up and conclude his sentences any the

more skilfully. Among others, and especially among the Asiatics, who

are perfect slaves to rhythm, you may find many superfluous words

inserted, as if on purpose to fill up vacancies in rhythm. There

are men also, who through that fault, which originated chiefly with

Hegesias, by breaking up abruptly, and cutting short their rhythm,

have fallen into an abject style of speaking, very much like that of

the Sicilians. There is a third kind adopted by those brothers, the

chiefs of the Asiatic rhetoricians, Hierocles and Maecles, men who are

not at all to be despised, in my opinion at least. For although they

do not quite keep to the real form of oratory and to the principles

of the Attic orators, still they make amends for this fault by their

ability and fluency. Still there was no variety in them, because

nearly all their sentences were terminated in one manner.

But a man who avoids all these faults, so as neither to transpose

words in such a manner that every one must see that it is done on

purpose, nor cramming in unnecessary words, as if to fill up leaks,

nor aiming at petty rhythm, so as to mutilate and emasculate his

sentences, and who does not always stick to one kind of rhythm without

any variation, such a man avoids nearly every fault. For we have said

a good deal on the subject of perfections, to which these manifest

defects are contrary.

LXX. But how important a thing it is to speak harmoniously, you may

know by experience if you dissolve the carefully-contrived arrangement

of a skilful orator by a transposition of his words; for then the

whole thing would be spoilt, as in this instance of our language in

the Cornelian oration, and in all the following sentences:--

"Neque me divitiae movent, quibus omnes Africanos et Laelios milt,

venalitii mercatoresque superârunt."

Change the order a little, so that the sentence shall stand,

"Multi superârunt mercatores venalitiique,"

and the whole effect is lost. And the subsequent sentences:

"Neque vestis, ant caelatum aurum et argentum, quo nostros veteres

Marcellos Maximosque multi eunuchi e Syriâ aegyptoque vicerunt."

Alter the order of the words, so that they shall stand,

"Vicerunt eunuchi e Syriâ aegyptoque."

Take this third sentence:--

"Neque vero ornamenta ista villarum, quibus Lucium Paullum et Lucium

Mummium, qui rebus his urbem Italiamque omnem referserunt, ab aliquo

video perfacile Deliaco aut Syro potuisse superari."

Place the words thus:--

"Potuisse superari ab aliquo Syro aut Deliaco."

Do you not see that by making this slight change in the order of the

words, the very same words (though the sense remains as it was before)

lose all their effect the moment they are disjoined from those which

were best suited to them?

Or if you take any carelessly-constructed sentence of any unpolished

orator, and reduce it into proper shape, by making a slight alteration

in the order of his words, then that will be made harmonious which

was before loose and unmethodical Come now, take a sentence from the

speech of Gracchus before the censors:--

"Obesse non potest, quin ejusdem hominis sit, probos improbare, qui

improbos probet."

How much better would it have been if he had said,

"Quin ejusdem hominis sit, qui improbos probet, probos improbare!"

No one ever had any objection to speaking in this manner; and no one

was ever able to do so who did not do it. But those who have spoken in

a different manner have not been able to arrive at this excellence.

And so on a sudden they have set up for orators of the Attic school.

As if Demosthenes was a man of Tralles; but even his thunderbolts

would not have shone so if they had not been pointed by rhythm.

LXXI. But if there be any one who prefers a loose style of oratory,

let him cultivate it; keeping in view this principle,--if any one were

to take to pieces the shield of Phidias, he would destroy the beauty

of the collective arrangement, not the exquisite workmanship of each

fragment: and as in Thucydides I only miss the roundness of his

periods; all the graces of style are there. But these men, when

they compose a loose oration, in which there is no matter, and no

expression which is not a low one, appear to me to be taking to

pieces, not a shield, but, as the proverb says, (which, though but a

low one, is still very apt,) only a broom. And in order that there may

be no mistake as to their contempt of this style which I am praising,

let them write something either in the style of Isocrates, or in that

which Aeschines or Demosthenes employs, and then I will believe that

they have not shrunk from this style out of despair of being able to

arrive at it, but that they have avoided it deliberately on account of

their bad opinion of it: or else I will find a man myself who may be

willing to be bound by this condition,--either to say or write, in

whichever language you please, in the style which those men prefer.

For it is easier to disunite what is connected than to connect what is

disjointedly strung together.

However, the fact is, (to be brief in explaining my real opinion,) to

speak in a well-arranged and suitable manner without good ideas is to

act like a madman. But to speak in a sententious manner, without any

order or method in one's language, is to behave like a child: but

still it is childishness of that sort, that those who employ it cannot

be considered stupid men, and indeed may often be accounted wise men.

And if a man is contented with that sort of character, why let him

speak in that way. But the eloquent man, who, if his subject will

allow it, ought to excite not only approbation, but admiration and

loud applause, ought to excel in everything to such a degree, that

he should think it discreditable that anything should be beheld or

listened to more gladly than his speech.

You have here, O Brutus, my opinion respecting an orator. If you

approve of it, follow it; or else adhere to your own, if you have

formed any settled opinion on the subject. And I shall not be offended

with you, nor will I affirm that this opinion of mine which I have

asserted so positively in this book is more correct than yours; for it

is possible not only that my opinion should be different from yours,

but even that my own may be different at different times. And not

only in this matter, which has reference to gaining the assent of the

common people and to the pleasure of the ears, which are two of the

most unimportant points as far as judgment is concerned; but even in

the most important affairs, I have never found anything firmer to take

hold of, or to guide my judgment by, than the extremity of probability

as it appeared to me, when actual truth was hidden or obscure.

But I wish that you, if you do not approve entirely of the things

which I have urged in this treatise, would believe either that I

proposed to myself a work of too great difficulty for me to accomplish

properly, or else that, while wishing to comply with your request, I

undertook the impudent task of writing this, from being ashamed to

refuse you.

THE TREATISE OF M. T. CICERO ON TOPICS,

DEDICATED TO CAIUS TREBATIUS.

* * * * *

THE ARGUMENT.

This treatise was written a short time before the events which gave

rise to the first Philippic. Cicero obtained an honorary lieutenancy,

with the intention of visiting his son at Athens; on his way towards

Rhegium he spent an evening at Velia with Trebatius, where he began

this treatise, which he finished at sea, before he arrived in Greece.

It is little more than an abstract of what had been written by

Aristotle on the same subject, and which Trebatius had begged him to

explain to him; and Middleton says, that as he had not Aristotle's

essay with him, he drew this up from memory, and he appears to have

finished it in a week, as it was the nineteenth of July that he was

at Velia, and he sent this work to Trebatius from Rhegium on the

twenty-seventh. He himself apologizes to Trebatius in the letter which

accompanied it, (Ep. Fam. vii. 19,) for its obscurity, which however,

he says, was unavoidably caused by the nature of the subject.

I. We had begun to write, O Caius Trebatius, on subjects more

important and more worthy of these books, of which we have published a

sufficient number in a short time, when your request recalled me from

my course. For when you were with me in my Tusculan villa, and when

each of us was separately in the library opening such books as were

suited to our respective tastes and studies, you fell on a treatise of

Aristotle's called the Topics; which he has explained in many books;

and, excited by the title, you immediately asked me to explain to you

the doctrines laid down in those books. And when I had explained them

to you, and told you that the system for the discovery of arguments

was contained in them, in order that we might arrive, without making

any mistake, at the system on which they rested by the way discovered

by Aristotle, you urged me, modestly indeed, as you do everything,

but still in a way which let me plainly see your eagerness to be

gratified, to make you master of the whole of Aristotle's method.

And when I exhorted you, (not so much for the sake of saving myself

trouble, as because I really thought it advantageous for you

yourself,) either to read them yourself, or to get the whole system

explained to you by some learned rhetorician, you told me that you had

already tried both methods. But the obscurity of the subject deterred

you from the books; and that illustrious rhetorician to whom you had

applied answered you, I suppose, that he knew nothing of these rules

of Aristotle. And this I was not so much surprised at, namely, that

that philosopher was not known to the rhetorician, inasmuch as he is

not much known even to philosophers, except to a very few.

And such ignorance is the less excusable in them, because they

not only ought to have been allured by those things which he has

discovered and explained, but also by the incredible richness and

sweetness of his eloquence. I could not therefore remain any longer in

your debt, since you often made me this request, and yet appeared to

fear being troublesome to me, (for I could easily see that,) lest I

should appear unjust to him who is the very interpreter of the law.

In truth, as you had often written many things for me and mine, I was

afraid that if I delayed obliging you in this, it would appear very

ungrateful or very arrogant conduct on my part. But while we were

together, you yourself are the best witness of how I was occupied; but

after I left you, on my way into Greece, when neither the republic

nor any friends were occupying my attention, and when I could not

honourably remain amid the armies, (not even if I could have done so

safely,) as soon as I came to Velia and beheld your house and your

family, I was reminded of this debt; and would no longer be wanting

to your silent request. Therefore, as I had no books with me, I have

written these pages on my voyage, from memory; and I have sent them to

you while on my journey, in order that by my diligence in obeying your

commands, I might rouse you to a recollection of my affairs, although

you do not require a reminder. But, however, it is time to come to the

object which we have undertaken.

II. As every careful method of arguing has two divisions,--one of

discovering, one of deciding,--Aristotle was, as it appears to me, the

chief discoverer of each. But the Stoics also have devoted some pains

to the latter, for they have diligently considered the methods of

carrying on a discussion by that science which they call dialectics;

but the art of discovering arguments, which is called topics, and

which was more serviceable for practical use, and certainly prior in

the order of nature, they have wholly disregarded. But we, since both

parts are of the greatest utility, and since we intend to examine

each if we have time, will now begin with that which is naturally the

first.

As therefore the discovery of those things which are hidden is easy,

if the place where they are hidden is pointed out and clearly marked;

so, when we wish to examine any argument, we ought to know the

topics,--for so they are called by Aristotle, being, as it were,

seats from which arguments are derived. Therefore we may give as a

definition, that a topic is the seat of an argument, and that an

argument is a reason which causes men to believe a thing which would

otherwise be doubtful. But of those topics in which arguments are

contained, some dwell on that particular point which is the subject of

discussion; some are derived from external circumstances. When derived

from the subject itself, they proceed at times from it taken as a

whole, at times from its parts, at times from some sign, and at others

from things which are disposed in some manner or other towards the

subject under discussion; but those topics are derived from external

circumstances which are at a distance and far removed from the same

subject.

But a definition is employed with reference to the entire matter under

discussion which unfolds the matter which is the subject of inquiry as

if it had been previously enveloped in mystery. The formula of that

argument is of this sort: "Civil law is equity established among men

who belong to the same city, for the purpose of insuring each man in

the possession of his property and rights: and the knowledge of this

equity is useful: therefore the knowledge of civil law is useful."

Then comes the enumeration of the parts, which is dealt with in this

manner: "If a slave has not been declared free either by the censor,

or by the praetor's rod, or by the will of his master, he is not free:

but none of those things is the case: therefore he is not free." Then

comes the sign; when some argument is derived from the meaning of a

word, in this way:--As the Aelian Sentian law orders an assiduus[63] to

support an assiduus, it orders a rich man to support a rich man, for a

rich man is an assiduus, called so, as Aelius says, from _asse dando_.

III. Arguments are also derived from things which bear some kind of

relation to that which is the object of discussion. But this kind is

distributed under many heads; for we call some connected with one

another either by nature, or by their form, or by their resemblance to

one another, or by their differences, or by their contrariety to

one another, or by adjuncts, or by their antecedents, or by their

consequents, or by what is opposed to each of them, or by causes, or

by effects, or by a comparison with what is greater, or equal, or

less.

Arguments are said to be connected together which are derived from

words of the same kind. But words are of the same kind which,

originating from one word, are altered in various ways; as, "_sapiens,

sapienter, sapientia_." The connexion of these words is called [Greek:

suxugia]; from which arises an argument of this kind: "If the land is

common, every one has a right to feed his cattle on it."

An argument is derived from the kind of word, thus: "Since all the

money has been bequeathed to the woman, it is impossible that

that ready money which was left in the house should not have been

bequeathed. For the species is never separated from the genus as long

as it retains its name: but ready money retains the name of money:

therefore it is plain that it was bequeathed."

An argument is derived from the species, which we may sometimes name,

in order that it may be more clearly understood; in this manner: "If

the money was bequeathed to Fabia by her husband, on the supposition

that she was the mother of his family; if she was not his wife, then

nothing is due to her." For the wife is the genus: there are two kinds

of wife; one being those mothers of a family which become wives by

_coemptio_; the other kind are those which are only considered wives:

and as Fabia was one of those last, it appears that nothing was

bequeathed to her.

An argument is derived from similarity, in this way: "If those houses

have fallen down, or got into disrepair, a life-interest in which is

bequeathed to some one, the heir is not bound to restore or to repair

them, any more than he is bound to replace a slave, if a slave, a

life-interest in whom has been bequeathed to some one, has died."

An argument is derived from difference, thus: "It does not follow, if

a man has bequeathed to his wife all the money which belonged to him,

that therefore he bequeathed all which was down in his books as due to

him; for there is a great difference whether the money is laid up in

his strong box, or set down as due in his accounts."

An argument is derived from contraries, thus: "That woman to whom her

husband has left a life-interest in all his property, has no right, if

his cellars of wine and oil are left full, to think that they belong

to her; for the use of them is what has been bequeathed to her, and

not the misuse: and they are contrary to one another."

IV. An argument is derived from adjuncts, thus: "If a woman has made

a will who has never given up her liberty by marriage, it does not

appear that possession ought to be given by the edict of the praetor

to the legatee under that will; for it is added, that in that case

possession would seem proper to be given by that same edict, according

to the wills of slaves, or exiles, or infants."

Arguments are derived from antecedents, and consequents, and

contradictories, in this way. From antecedents: "If a divorce has been

caused by the fault of the husband, although the woman has demanded

it, still she is not bound to leave any of her dowry for her

children."

From consequents: "If a woman having married a man with whom she had

no right of intermarriage, has demanded a divorce, since the children

who have been born do not follow their father, the father has no right

to keep back any portion of the woman's dowry."

From contradictories: "If the head of a family has left to his wife in

reversion after his son the life-interest in the female slaves, and

has made no mention of any other reversionary heir, if the son dies,

the woman shall not lose her life-interest. For that which has once

been given to any one by will, cannot be taken away from the

legatee to whom it has been given without his consent; for it is a

contradiction for any one to have a right to receive a thing, and yet

to be forced to give it up against his will."

An argument is derived from efficient causes, in this way: "All men

have a right to add to a common party wall, a wall extending its whole

length, either solid or on arches; but if any one in demolishing the

common wall should promise to pay for any damages which may arise from

his action, he will not be bound to pay for any damage sustained or

caused by such arches: for the damage has been done, not by the party

which demolished the common wall, but in consequence of some fault in

the work, which was built in such a manner as to be unable to support

itself."

An argument is derived from what has been done, in this way: "When a

woman becomes the wife of a man, everything which has belonged to

the woman now becomes the property of the husband under the name of

dowry."

But in the way of comparison there are many kinds of valid arguments;

in this way: "That which is valid in a greater affair, ought to be

valid in a less: so that, if the law does not regulate the limits in

the city, still more will it not compel any one to turn off the water

in the city." Again, on the other hand: "Whatever is valid in a

smaller matter ought to be valid also in a greater one. One may

convert the preceding example." Also, "That which is valid in a

parallel case ought to be valid in this which is a parallel case." As,

"Since the usurpation of a farm depends on a term of two years, the

law with respect to houses ought to be the same." But in the law

houses are not mentioned, and so they are supposed to come under the

same class as all other things, the property in which is determined by

one year's use. Equity then must prevail, which requires similar laws

in similar cases.[64]

But those arguments which are derived from external circumstances

are deduced chiefly from authority. Therefore the Greeks call

argumentations of that kind [Greek: atechuoi], that is, devoid of

art. As if you were to answer in this way:--"In the case of some one

building a roof for the purpose of covering a common wall, Publius

Scaevola asserted that there was no right of carrying that roof so

far that the water which ran off it should run on to any part of any

building which did not belong to the owner of the roof. This I affirm

to be law."

V. By these topics then which have been explained, a means of

discovering and proving every sort of argument is supplied, as if they

were elements of argument. Have we then said enough up to this point?

I think we have, as far at least as you, an acute man and one deeply

skilled in law, are concerned. But since I have to deal with a man who

is very greedy when the feast in question is one of learning, I will

prosecute the subject so that I will rather put forth something more

than is necessary, than allow you to depart unsatisfied. As, then,

each separate one of those topics which I have mentioned has its own

proper members, I will follow them out as accurately as I can; and

first of all I will speak of the definition itself.

Definition is a speech which explains that which is defined. But of

definitions there are two principal kinds: one, of those things which

exist; the other, of those which are understood. The things which I

call existing are those which can be seen or touched; as a farm, a

house, a wall, a gutter, a slave, an ox, furniture, provisions, and so

on; of which kind of things some require at times to be defined by us.

Those things, again, I say have no existence, which are incapable of

being touched or proved, but which can be perceived by the mind

and understood; as if you were to define usucaption, guardianship,

nationality, or relationship; all, things which have no body, but

which nevertheless have a certain conformation plainly marked out and

impressed upon the mind, which I call the notion of them. They often

require to be explained by definition while we are arguing about them.

And again, there are definitions by partition, and others by division:

by partition, when the matter which is to be defined is separated, as

it were, into different members; as if any one were to say that civil

law was that which consists of laws, resolutions of the senate,

precedents, the authority of lawyers, the edicts of magistrates,

custom, and equity. But a definition by division embraces every form

which comes under the entire genus which is defined; in this way:

"Alienation is the surrender of anything which is a man's private

property, or a legal cession of it to men who are able by law to avail

themselves of such cession."

VI. There are also other kinds of definitions, but they have no

connexion with the subject of this book; we have only got to say what

is the manner of expressing a definition. This, then, is what the

ancients prescribe: that when you have taken those things which are

common to the thing which you wish to define with other things, you

must pursue them till you make out of them altogether some peculiar

property which cannot be transferred to anything else. As this: "An

inheritance is money." Up to this point the definition is common, for

there are many kinds of money. Add what follows: "which by somebody's

death comes to some one else." It is not yet a definition, for

money belonging to the dead can be possessed in many ways without

inheritance. Add one word, "lawfully." By this time the matter will

appear distinguished from general terms, so that the definition may

stand thus:--"An inheritance is money which by somebody's death has

lawfully come to some one else." It is not enough yet. Add, "without

being either bequeathed by will, or held as some one else's property."

The definition is complete. Again, take this:--"Those are _gentiles_

who are of the same name as one another." That is insufficient. "And

who are born of noble blood." Even that is not enough. "Who have never

had any ancestor in the condition of a slave." Something is still

wanting. "Who have never parted with their franchise." This, perhaps,

may do. For I am not aware that Scaevola, the pontiff, added anything

to this definition. And this principle holds good in each kind of

definition, whether the thing to be defined is something which exists,

or something which is understood.

VII. But we have shown now what is meant by partition, and by

division. But it is necessary to explain more clearly wherein

they differ. In partition, there are as it were members; as of a

body--head, shoulders, hands, sides, legs, feet, and so on. In

division there are forms which the Greeks call [Greek: ideae]; our

countrymen who treat of such subjects call them species. And it is not

a bad name, though it is an inconvenient one if we want to use it in

different cases. For even if it were Latin to use such words, I

should not like to say _specierum_ and _speciebus_. And we have often

occasion to use these cases. But I have no such objection to saying

_formarum_ and _formis_; and as the meaning of each word is the same,

I do not think that convenience of sound is wholly to be neglected.

Men define genus and species or form in this manner:--"Genus is

a notion relating to many differences. Species is a notion, the

difference of which can be referred to the head and as it were

fountain of the genus." I mean by notion that which the Greeks call

sometimes [Greek: _ennoia_], and sometimes [Greek: _enoprolaepsis_].

It is knowledge implanted and previously acquired of each separate

thing, but one which requires development. Species, then, are those

forms into which genus is divided without any single one being

omitted; as if any one were to divide justice into law, custom, and

equity. A person who thinks that species are the same things as parts,

is confounding the art; and being perplexed by some resemblance,

he does not distinguish with sufficient acuteness what ought to be

distinguished. Often, also, both orators and poets define by metaphor,

relying on some verbal resemblance, and indeed not without giving a

certain degree of pleasure. But I will not depart from your examples

unless I am actually compelled to do so.

Aquillius, then, my colleague and intimate friend, was accustomed,

when there was any discussion about shores, (all of which you lawyers

insist upon it are public,) to define them to men who asked to whom

that which was shore belonged, in this way: "Wherever the waves

dashed;" that is, as if a man were to define youth as the flower of

a man's age, or old age as the setting of life. Using a metaphor, he

departs from the words proper to the matter in hand and to his own

art. This is enough as to definition. Let us now consider the other

points.

VIII. But we must employ partition in such a manner as to omit no part

whatever. As if you wish to partition guardianship, you would act

ignorantly if you were to omit any kind. But if you were partitioning

off the different formulas of stipulations or judicial decisions, then

it is not a fault to omit something in a matter which is of boundless

extent. But in division it is a fault; for there is a settled number

of species which are subordinate to each genus. The distribution of

the parts is often more interminable still, like the drawing streams

from a fountain. Therefore in the art of an orator, when the genus

of a question is once laid down, the number of its species is added

absolutely; but when rules are given concerning the embellishments of

words and sentences, which are called [Greek: _schaemata_], the case

is different; for the circumstances are more infinite: so that it may

be understood from this also what the difference is which we assert to

exist between partition and division. For although the words appear

nearly equivalent to one another still, because the things are

different, the expressions are also established as not synonymous to

one another.

Many arguments are also derived from observation, and that is when

they are deduced from the meaning of a word, which the Greeks call

[Greek: _etumologia_]; or as we might translate it, word for word,

_veriloquium_. But we, while avoiding the novel appearance of a word

which is not very suitable, call this kind of argument _notatio_,

because words are the notes by which we distinguish things. And

therefore Aristotle calls the same source of argument [Greek:

_sunbolou_], which is equivalent to the Latin _nota_. But when it is

known what is meant we need not be so particular about the name. In

a discussion then, many arguments are derived from words by means

of observation; as when the question is asked, what is a

_postliminium_--(I do not mean what are the objects to which this word

applies, for that would be division, which is something of this sort:

"_Postliminium_ applies to a man, a ship, a mule with panniers, a

horse, a mare who is accustomed to be bridled")--but when the meaning

of the word itself, _postliminium_, is asked, and when the word itself

is observed. And in this our countryman, Servius, as it seems, thinks

that there is nothing to be observed except _post_, and he insists

upon it that _liminium_ is a mere extension of the word; as in

_finitimus, legitimus, ceditimus, timus_ has no more meaning than

_tullius_ has in _meditullius_.

But Scaevola, the son of Publius Scaeaevola, thinks the word is a

compound one, so that it is made up of _post_ and _limen_. So that

those things which have been alienated from us, when they have come

into the possession of our enemies, and, as it were, departed from

their own threshold, then when they have returned behind that same

threshold, appear to have returned _postliminio_. By which definition

even the cause of Mancinus may be defended by saying that he returned

_postliminio_,--that he was not surrendered, inasmuch as he was not

received. For that no surrender and no gift can be understood to have

taken place if there has been no reception of it.

IX. We next come to that topic which is derived from those things

which are disposed in some way or other to that thing which is the

subject of discussion. And I said just now that it was divided into

many parts. And the first topic is derived from combination, which the

Greeks call [Greek: sizugia], being a kindred thing to observation,

which we have just been discussing, as, if we were only to understand

that to be rain-water which we saw to have been collected from rain,

Mucius would come, who, because the words _pluna_ and _pluendo_ were

akin, would say that all water ought to be kept out which had been

increased by raining. But when an argument is derived from a genus,

then it will not be necessary to trace it back to its origin, we may

often stop on this side of that point, provided that which is deduced

is higher than that for which it is deduced, as, "Rain water in its

ultimate genus is that which descends from heaven and is increased by

showers," but in reference to its more proximate sense, under which

the right of keeping it off is comprised, the genus is, mischievous

rain water. The subordinate species of that genus are waters which

injure through a natural defect of the place, or those which are

injurious on account of the works of man: for one of these kinds may

be restrained by an arbitrator, but not the other.

Again, this argumentation is handled very advantageously, which is

derived from a species when you pursue all the separate parts by

tracing them back to the whole, in this way "If that is _dolus malus_

when one thing is aimed at, and another pretended," we may enumerate

the different modes in which that can be done, and then under some one

of them we may range that which we are trying to prove has been done

_dolo malo_. And that kind of argument is usually accounted one of the

most irrefragable of all.

X. The next thing is similarity, which is a very extensive topic, but

one more useful for orators and for philosophers than for men of

your profession. For although all topics belong to every kind of

discussion, so as to supply arguments for each, still they occurs more

abundantly in discussions on some subjects, and more sparingly in

others. Therefore the genera are known to you, but when you are to

employ them the questions themselves will instruct you. For there are

resemblances which by means of comparisons arrive at the point they

aim at, in this manner. "If a guardian is bound to behave with good

faith, and a partner, and any one to whom you have entrusted anything,

and any one who has undertaken a trust then so ought an agent." This

argument, arriving at the point at which it aims by a comparison of

many instances, is called induction, which in Greek is called [Greek:

_ipago_]. and it is the kind of argument which Socrates employed a

great deal in his discourses.

Another kind of resemblance is obtained by comparison, when one thing

is compared to some other single thing, and like to like, in this way

"As if in any city there is a dispute as to boundaries because the

boundaries of fields appear more extensive than those of cities, you

may find it impossible to bring an arbitrator to settle the question

of boundaries, so if rain water is injurious in a city, since the

whole matter is one more for country magistrates, you may not be

able to bring an arbitrator to settle the question of keeping off

rain-water" Again, from the same topic of resemblance, examples are

derived, as, "Crassus in Cunus's trial used many examples, speaking of

the man who by his will had appointed his heir in such a manner, that

if he had had a son born within ten months of his death, and that son

had died before coming into possession of the property held in trust

for him, the revisionary heir would succeed to the inheritance.

And the enumeration of precedents which Crassus brought forward

prevailed". And you are accustomed to use this style of argument very

frequently in replies. Even fictitious examples have all the force of

real ones, but they belong rather to the orator than to you lawyers,

although you also do use them sometimes, but in this way. "Suppose a

man had given a slave a thing which a slave is by law incapable of

receiving, is it on that account the act of the man who received it?

or has he, who gave that present to his slave on that account taken

any obligations on himself?" And in this kind of argument orators and

philosophers are allowed to make even dumb things talk, so that the

dead man be raised from the shades below, or that anything which

intrinsically is absolutely impossible, may, for the sake of adding

force to the argument, or diminishing, be spoken of as real and that

figure is called hyperbole. And they may say other marvellous things,

but theirs is a wider field. Still, out of the same topics, as I have

said before, arguments are derived for the most important and the most

trivial inquiries.

XI After similarity there follows difference between things, which is

as different as possible from the preceding topic, still it is the

same art which finds out resemblances and dissimilarities. These are

instances of the same sort--"If you have contracted a debt to a woman,

you can pay her without having recourse to a trustee, but what you

owe to a minor, whether male or female; you cannot pay in the same

manner."

The next topic is one which is derived from contraries. But the genera

of contraries are several. One is of such things as differ in the same

kind; as wisdom and jolly. But those things are said to be in the same

kind, which, when they are proposed, are immediately met by certain

contraries, as if placed opposite to them: as slowness is contrary to

rapidity, and not weakness. From which contraries such arguments as

these are deduced:--"If we avoid folly, let us pursue wisdom; and if

we avoid wickedness, let us pursue goodness." These things, as they

are contrary qualities in the same class, are called opposites. For

there are other contraries, which we may call in Latin, _privantia_,

and which the Greeks call [Greek: _steraetika_]. For the preposition

_in_ deprives the word of that force which it would have if _in_ were

not prefixed; as, "dignity, indignity--humanity, inhumanity," and

other words of the same kind, the manner of dealing with which is

the same as that of dealing with other kinds which I have called

opposites. For there are also other kinds or contraries; as those

which are compared to something or other; as, "twofold and simple;

many and few; long and short; greater and less." There are also those

very contrary things which are called negatives, which the Greeks call

[Greek: _steraetika_]: as, "If this is the case, that is not." For

what need is there for an instance? only let it be understood that in

seeking for an argument it is not every contrary which is suitable to

be opposed to another.

XII. But I gave a little while ago an instance drawn from adjuncts;

showing that many things are added as accessories, which ought to

be admitted, if we decided that possession ought to be given by the

praetor's edict, in compliance with the will which that person made

who had no right whatever to make a will. But this topic has more

influence in conjectural causes, which are frequent in courts, of

justice, when we are inquiring either what is, or what has been, or

what is likely to be, or what possibly may happen. And the form of the

topic itself is as follows. But this topic reminds us to inquire what

happened before the transaction of which we are speaking, or at the

same time with the transaction, or after the transaction. "This has

nothing to do with the law, you had better apply to Cicero," our

friend Gallus used to say, if any one brought him any cause which

required an inquiry into matters of fact. But you will prefer that no

topic of the art which I have begun to treat of should be omitted

by me, lest if you should think that nothing was to be written here

except what had reference to yourself, you should seem to be too

selfish. This then is for the most part an oratorical topic; not only

not much suited to lawyers, but not even to philosophers. For the

circumstances which happened before the matter in question are

inquired into, such as any preparation, any conferences, any place,

any prearranged convivial meeting. And the circumstances which

happened at the same time with the matter in question, are the noise

of footfalls, the noise of men, the shadow of a body, or anything of

that sort. The circumstances subsequent to the matter in question are,

blushing, paleness, trepidation, or any other tokens of agitation

or consciousness; and besides these, any such fact as a fire

extinguished, a bloody sword, or any circumstance which can excite a

suspicion of such an act.

XIII. The next topic is one peculiar to dialecticians; derived from

consequents, and antecedents, and inconsistencies; and this one is

very different from that drawn from differences. For adjuncts, of

which we were speaking just now, do not always exist, but consequents

do invariably. I call those things consequents which follow an

action of necessity. And the same rule holds as to antecedents and

inconsistencies; for whatever precedes each thing, that of necessity

coheres with that theme; and whatever is inconsistent with it is of

such a nature that it can never cohere with it. As then this topic is

distributed in three divisions, into consequence, antecession, and

inconsistency, there is one single topic to help us find the argument,

but a threefold way of dealing with it. For what difference does it

make, when you have once assumed that the ready money is due to the

woman to whom all the money has been bequeathed, whether you conclude

your argument in this way:--"If coined money is money, it has been

bequeathed to the woman; but coined money is money; therefore it has

been bequeathed to her;"--or in this way: "If ready money has not been

bequeathed to her, then ready money is not money; but ready money is

money; therefore it has been bequeathed to her;"--or in this way: "The

cases of money not having been bequeathed, and of ready money not

having been bequeathed, are identical; but money was bequeathed

to her; therefore ready money was bequeathed to her?" But the

dialecticians call that conclusion of the argument in which, when you

have first made an assumption, that which is connected with it follows

as a consequence of the assumption, the first mood of the conclusion;

and when, because you have denied the consequence, it follows that

that also to which it was a consequence must be denied also, that is

the second mood. But when you deny some things in combination, (and

then another negation is added to them,) and from these things you

assume something, so that what remains is also done away with, that is

called the third mood of the conclusion. From this are derived those

results of the rhetoricians drawn from contraries, which they call

enthymemes. Not that every sentence may not be legitimately called

an enthymeme; but, as Homer on account of his preeminence has

appropriated the general name of poet to himself as his own among all

the Greeks; so, though every sentence is an enthymeme, still, because

that which is made up of contraries appears the most acute argument of

the kind, that alone has possessed itself of the general name as its

own peculiar distinction. Its kinds are these:--"Can you fear this

man, and not fear that one?"--"You condemn this woman, against whom

you bring no accusation; and do you say that this other one deserves

punishment, whom you believe to deserve reward?"--"That which you do

know is no good; that which you do not know is a great hindrance to

you."

XIV. This kind of disputing is very closely connected with the mode

of discussion adopted by you lawyers in reply, and still more closely

with that adopted by philosophers, as they share with the orators

in the employment of that general conclusion which is drawn from

inconsistent sentences, which is called by dialecticians the third

mood, and by rhetoricians an enthymeme. There are many other

moods used by the rhetoricians, which consist of disjunctive

propositions:--"Either this or that is the case; but this is the case;

then that is not the case." And again:--"Either this or that is the

case; but this is not the case; then that is the case." And these

conclusions are valid, because in a disjunctive proposition only one

alternative can be true. And from those conclusions which I have

mentioned above, the former is called by the dialecticians the

fourth mood, and the latter the fifth. Then they add a negation of

conjunctive propositions; as, "It is not both this and that; but it is

this; therefore it is not that." This is the sixth mood. The seventh

is, "It is not both this and that; but it is not this; therefore it is

that." From these moods innumerable conclusions are derived, in which

nearly the whole science of dialectics consists. But even those which

I have now explained are not necessary for this present discussion.

XV. The next topic is drawn from efficient circumstances which are

called causes; and the next from the results produced by these

efficient causes. I have already given instances of these, as of the

other topics, and those too drawn from civil law; but these have a

wider application.

There are then two kinds of causes; one which of its own force to a

certainty produces that effect which is subordinate to it; as, "Fire

burns;" the other is that which has no nature able to produce the

effect in question, though still that effect cannot be produced

without it; as, if any one were to say, that "brass was the cause of a

statue; because a statue cannot be made without it." Now of this kind

of causes which are indispensable to a thing being done, some are

quiet some passive, some, as it were, senseless; as, place, time,

materials, tools, and other things of the same sort. But some exhibit

a sort of preparatory process towards the production of the effect

spoken of; and some of themselves do contribute some aid to it;

although it is not indispensable; as meeting may have supplied

the cause to love; love to crime. From this description of causes

depending on one another in infinite series, is derived the doctrine

of fate insisted on by the Stoics. And as I have thus divided the

genera of causes, without which nothing can be effected, so also the

genera of the efficient causes can be divided in the same manner. For

there are some causes which manifestly produce the effect, without any

assistance from any quarter; others which require external aid; as for

instance, wisdom alone by herself makes men wise; but whether she is

able alone to make men happy is a question.

XVI. Wherefore, when any cause efficient as to some particular end has

inevitably presented itself in a discussion, it is allowable without

any hesitation to conclude that what that cause must inevitably effect

is effected. But when the cause is of such a nature that it does not

inevitably effect the result, then the conclusion which follows is

not inevitable And that description of causes which has an inevitable

effect does not usually engender mistakes; but this description,

without which a thing cannot take place, does often cause perplexity.

For it does not follow, because sons cannot exist without parents,

that there was therefore any unavoidable cause in the parents to have

children. This, therefore, without which an effect cannot be produced,

must be carefully separated from that by which it is certainly

produced. For that is like--

"Would that the lofty pine on Pelion's brow

Had never fall'n beneath the woodman's axe!"

For if the beam of fir had never fallen to the ground, that Argo

would not have been built; and yet there was not in the beams any

unavoidably efficient power. But when

"The fork'd and fiery bolt of Jove"

was hurled at Ajax's vessel, that ship was then inevitably burnt.

And again, there is a difference between causes, because some are such

that without any particular eagerness of mind, without any expressed

desire or opinion, they effect what is, as it were, their own work;

as for instance, "that everything must die which has been born." But

other results are effected either by some desire or agitation of mind,

or by habit, or nature, or art, or chance. By desire, as in your case,

when you read this book; by agitation, as in the case of any one who

fears the ultimate issue of the present crisis; by habit, as in the

case of a man who gets easily and rapidly in a passion; by nature, as

vice increases every day; by art, as in the case of a man who paints

well; by chance, as in the case of a man who has a prosperous voyage.

None of these things are without some cause, and yet none of them are

wholly owing to any single cause. But causes of this kind are not

necessary ones.

XVII. But in some of these causes there is a uniform operation, and in

others there is not. In nature and in art there is uniformity; but

in the others there is none. But still of those causes which are not

uniform, some are evident, others are concealed. Those are evident

which touch the desire or judgment of the mind; those are concealed

which are subject to fortune: for as nothing is done without some

cause, this very obscure cause, which works in a concealed manner,

is the issue of fortune. Again, these results which are produced are

partly unintended, partly intentional. Those are unintended which are

produced by necessity; those are intentional which are produced by

design. But those results which are produced by fortune are either

unintended or intentional. For to shoot an arrow is an act of

intention; to hit a man whom you did not mean to hit is the result of

fortune. And this is the topic which you use like a battering-ram in

your forensic pleadings; if a weapon has flown from the man's hand

rather than been thrown by him. Also agitation of mind may be divided

into absence of knowledge and absence of intention. And although they

are to a certain extent voluntary, (for they are diverted from their

course by reproof or by admonition,) still they are liable to such

emotions that even those acts of theirs which are intentional

sometimes seem either unavoidable, or at all events unintentional.

The whole topic of these causes then being now fully explained, from

their differences there is derived a great abundance of arguments in

all the important discussions of orators and philosophers. And in the

cases which you lawyers argue, if there is not so plentiful a stock,

what there are, are perhaps more subtle and shrewd. For in private

actions the decisions in the most important cases appear to me to

depend a great deal on the acuteness of the lawyers. For they are

constantly present, and are taken into counsel; and they supply

weapons to able advocates whenever they have recourse to their

professional wisdom.

In all those judicial proceedings then, in which the words "according

to good faith" are added, or even those words, "as ought to be done by

one good man to another;" and above all, in all cases of arbitration

respecting matrimonial rights, in which the words "juster and better"

occur, the lawyers ought to be always ready. For they know what

"dishonest fraud," or "good faith," or "just," or "good" mean. They

are acquainted with the law between partners; they know what the man

who has the management of the affairs of another is bound to do with

respect to him whose affairs he manages; they have laid down rules to

show what the man who has committed a charge to another, and what he

who has had it committed to him, ought to do; what a husband ought to

confer on his wife, and a wife on her husband. It will, therefore,

when they have by diligence arrived at a proper understanding of the

topics from which the necessary arguments are derived, be in the power

not only of orators and philosophers, but of lawyers also, to discuss

with abundance of argument all the questions which can arise for their

consideration.

XVIII. Conjoined to this topic of causes is that topic which is

supplied by causes. For as cause indicates effect, so what has been

effected points out what the efficient cause has been. This topic

ordinarily supplies to orators and poets, and often to philosophers

also, that is to say, to those who have an elegant and argumentative

and rich style of eloquence, a wonderful store of arguments, when they

predict what will result from each circumstance. For the knowledge of

causes produces a knowledge of effects.

The remaining topic is that of comparison, the genus and instances of

which have been already explained, as they have in the case of the

other topics. At present we must explain the manner of dealing with

this one. Those things then are compared which are greater than one

another, or less than one another, or equal to one another. In which

these points are regarded; number, appearance, power, and some

particular relation to some particular thing.

Things will be compared in number thus: so that more advantages may be

preferred to fewer; fewer evils to more; more lasting advantages

to those which are more short-lived; those which have an extensive

application to those the effect of which is narrowed: those from which

still further advantages may be derived, and those which many people

may imitate and reproduce.

Things again will be compared with reference to their appearance, so

that those things may be preferred which are to be desired for their

own sake, to those which are only sought for the sake of something

else: and so that innate and inherent advantages may be preferred to

acquired and adventitious ones; complete good to mixed good; pleasant

things to things less pleasant; honourable things to such as are

merely useful; easy things to difficult ones; necessary to unnecessary

things; one's own advantage to that of others; rare things to common

ones; desirable things to those which you can easily do without;

things complete to things which are only begun; wholes to parts;

things proceeding on reason to things void of reason; voluntary to

necessary things; animate to inanimate things; things natural to

things not natural; things skilfully produced by art to things with

which art has no connexion.

But power in a comparison is perceived in this way: an efficient cause

is more important than one which effects nothing; those causes which

can act by themselves are superior to those which stand in need of the

aid of others; those which are in our power are preferable to those

which are in the power of another; lasting causes surpass those which

are uncertain; things of which no one can deprive us are better than

things which can be easily taken away.

But the way in which people or things are disposed towards some

things is of this sort: the interests of the chief citizens are more

important than those of the rest: and also, those things which are

more agreeable, which are approved of by more people, or which

are praised by the most virtuous men, are preferable. And as in a

comparison these things are the better, so those which are contrary to

them are the worse.

But the comparison between things like or equal to each other has no

elation or submission; for it is on equal terms: but there are many

things which are compared on account of their very equality; which are

usually concluded in this manner: "If to assist one's fellow-citizens

with counsel and personal aid deserves equal praise, those men who act

as counsellors ought to enjoy an equal glory with those who are the

actual defenders of a state." But the first premiss is certainly the

case; therefore so must the consequent be.

Every rule necessary for the discovery of arguments is now concluded;

so that as you have proceeded from definition, from partition, from

observation, from words connected with one another, from genus, from

species, from similarity, from difference, from contraries, from

accessories, from consequents, from antecedents, from things

inconsistent with one another, from causes, from effects, from a

comparison with greater, or lesser, or equal things,--there is no

topic of argument whatever remaining to be discovered.

XIX. But since we originally divided the inquiry in such a way that we

said that other topics also were contained in the very matter which

was the subject of inquiry; (but of those we have spoken at sufficient

length:) that others were derived from external subjects; and of these

we will say a little; although those things have no relation whatever

to your discussions. But still we may as well make the thing complete,

since we have begun it. Nor are you a man who take no delight in

anything except civil law; and since this treatise is dedicated to

you, though not so exclusively but that it will also come into the

hands of other people, we must take pains to be as serviceable as

possible to those men who are addicted to laudable pursuits.

This sort of argumentation then which is said not to be founded on

art, depends on testimony. But we call everything testimony which is

deduced from any external circumstances for the purpose of implanting

belief. Now it is not every one who is of sufficient weight to give

valid testimony; for authority is requisite to make us believe things.

But it is either a man's natural character or his age which invests

him with authority. The authority derived from a man's natural

character depends chiefly on his virtue; but on his age there are

many things which confer authority; genius, power, fortune, skill,

experience, necessity, and sometimes even a concourse of accidental

circumstances. For men think able and opulent men, and men who have

been esteemed during a long period of their lives, worthy of being

believed Perhaps they are not always right; but still it is not easy

to change the sentiments of the common people; and both those who form

judgments and those who adopt vague opinions shape everything with

reference to them. For those men who are eminent for those qualities

which I have mentioned, seem to be eminent for virtue itself. But in

the other circumstances also which I have just enumerated, although

there is in them no appearance of virtue, still sometimes belief

is confirmed by them, if either any skill is displayed,--for the

influence of knowledge in inspiring belief is very great; or any

experience--for people are apt to believe those who are men of

experience.

XX. Necessity also engenders belief, which sways both bodies and

minds. For what men say when worn out with tortures, and stripes, and

fire, appears to be uttered by truth itself. And those statements

which proceed from agitation of mind, such as pain, cupidity, passion,

and fear, because those feelings have the force of necessity, bring

authority and belief. And of this kind are those circumstances from

which at times the truth is discovered; childhood, sleep, ignorance,

drunkenness, insanity. For children have often indicated something,

though ignorant to what it related; and many things have often been

discovered by sleep, and wine, and insanity. Many men also have

without knowing it fallen into great difficulties, as lately happened

to Stalenus; who said things in the hearing of certain excellent men,

though a wall was between them, which, when they were revealed and

brought before a judicial tribunal, were thought so wicked that he was

rightly convicted of a capital offence. And we have heard something

similar concerning Pausanias the Lacedaemonian.

But the concourse of fortuitous events is often of this kind; when

anything has happened by chance to interrupt, when anything was being

done or said which it was desirable should not have been done or said.

Of this kind is that multitude of suspicions of treason which were

heaped upon Palamedes. And circumstances of this kind are sometimes

scarcely able to be refuted by truth itself. Of this kind too is

ordinary report among the common people; which is as it were the

testimony of the multitude.

But those things which create belief on account of the virtue of the

witness are of a two-fold kind; one of which is valid on account of

nature, the other by industry. For the virtue of the gods is eminent

by nature; but that of men, because of their industry.

Testimonies of this kind are nearly divine, first of all, that of

oration, (for oracles were so called from that very same word, as

there is in them the oration of the gods;) then that of things in

which there are, as it were, many divine works; first of all, the word

itself, and its whole order and ornaments; then the airy flights and

songs of birds; then the sound and heat of that same air; and the

numerous prodigies of divers kinds seen on the earth; and also, the

power of foreseeing the future by means of the entrails of victims:

many things, too, which are shown to the living by those who are

asleep: from all which topics the testimonies of the gods are at times

adduced so as to create belief.

In the case of a man, the opinion of his virtue is of the greatest

weight. For opinion goes to this extent, that those men have virtue,

not only who do really possess it, but those also who appear to

possess it. Therefore, those men whom they see endowed with genius

and diligence and learning, and whose life they see is consistent and

approved of, like Cato and Laelius, and Scipio, and many others, they

consider such men as they themselves would wish to be. And not only

do they think them such who enjoy honours conferred on them by the

people, and who busy themselves with affairs of state, but also those

who are orators, and philosophers, and poets, and historians; from

whose sayings and writings authority is often sought for to establish

belief.

XXI. Having thus explained all the topics serviceable for arguing, the

first thing to be understood is, that there is no discussion whatever

to which some topic or other is not applicable; and on the other hand,

that it is not every topic which is applicable to every discussion;

but that different topics are suited to different subjects.

There are two kinds of inquiry: one, infinite; the other, definite.

The definite one is that which the Greeks call [Greek: hupothesis],

and we, a cause; the infinite one, that which they call [Greek:

thesis], and which we may properly term a proposition.

A cause is determined by certain persons, places, times, actions, and

things, either all or most of them; but a proposition is declared in

some one of those things, or in several of them, and those not the

most important: therefore, a proposition is a part of a cause. But the

whole inquiry is about some particular one of those things in which

causes are contained; whether it be one, or many, or sometimes all.

But of inquiries, concerning whatever thing they are, there two kinds;

one theoretical, the other practical. Theoretical inquiries are those

of which the proposed aim is science; as, 'If it is inquired whether

right proceeds from nature, or from some covenant, as it were, and

bargain between men. But the following are instances of practical

inquiry: "Whether it is the part of a wise man to meddle with

statesmanship." The inquiries into theoretical matters are threefold;

as what is inquired is, whether a thing exists, or what it is, or

what its character is. The first of these queries is explained by

conjecture; the second, by definition; the third, by distinctions of

right and wrong.

The method of conjecture is distributed into four parts; one of which

is, when the inquiry is whether something exists; a second, when the

question is, whence it has originated; a third, when one seeks to know

what cause produced it; the fourth is that in which the alterations to

which the subject is liable are examined: "Whether it exists or not;

whether there is anything honourable, anything intrinsically and

really just; or whether these things only exist in opinion." But the

inquiry whence it has originated, is when an inquiry is such as

this, "Whether virtue is implanted by nature, or whether it can be

engendered by instruction." But the efficient cause is like this, as

when an inquiry is, "By what means eloquence is produced." Concerning

the alterations of anything, in this manner: "Whether eloquence can by

any alteration be converted into a want of eloquence."

XXII. But when the question is what a thing is; the notion is to be

explained, and the property, and the division, and the partition. For

these things are all attributed to definition. Description also is

added, which the Greeks call [Greek: charaktaer]. A notion is inquired

into in this way: "Whether that is just which is useful to that person

who is the more powerful." Property, in this way: "Whether melancholy

is incidental to man alone, or whether beasts also are liable to it."

Division, and also partition, in this manner: "Whether there are three

descriptions of good things." Description, like this: "What sort of

person a miser is; what sort of person a flatterer;" and other things

of that sort, by which the nature and life of a man are described.

But when the inquiry is what the character of something is, the

inquiry is conducted either simply, or by way of comparison.

Simply, in this way: "Whether glory is to be sought for." By way of

comparison, in this way: "Whether glory is to be preferred to riches."

Of simple inquiries there are three kinds; about seeking for or

avoiding anything, about the right and the wrong; about what is

honourable and what is discreditable. But of inquiries by way of

comparison there are two; one of the thing itself and something else;

one of something greater and something else. Of seeking for and

avoiding a thing, in this way: "Whether riches are to be sought

for: whether poverty is to be avoided." Concerning right and wrong:

"Whether it is right to revenge oneself, whoever the person may be

from whom one has received an injury." Concerning what is honourable

and what is discreditable: "Whether it is honourable to die for one's

country." But of the other kind of inquiry, which has been stated to

be twofold, one is about the thing in question and something else;

as if it were asked, "What is the difference between a friend and

a flatterer, between a king and a tyrant?" The other is between

something greater and something less; as if it were asked, "Whether

eloquence is of more consequence than the knowledge of civil law." And

this is enough about theoretical inquiries.

It remains to speak of practical ones; of which there are two kinds:

one relating to one's duty, the other to engendering, or calming, or

utterly removing any affection of the mind. Relating to duty thus: as

when the question is, "Whether children ought to be bad." Relating to

influencing the mind, when exhortations are delivered to men to defend

the republic, or when they are encouraged to seek glory and praise:

of which kind of addresses are complaints, and encouragements, and

tearful commiseration; and again, speeches extinguishing anger, or at

other times removing fear, or repressing the exultation of joy, or

effacing melancholy. As these different divisions belong to general

inquiries, they are also transferable to causes.

XXIII. But the next thing to be inquired is, what topics are adapted

to each kind of inquiry; for all those which we have already mentioned

are suitable to most kinds; but still, different topics, as I have

said before, are better suited to different investigations. Those

arguments are the most suitable to conjectural discussion which can be

deduced from causes, from effects, or from dependent circumstances.

But when we have need of definition, then we must have recourse to the

principles and science of defining. And akin to this is that other

argument also which we said was employed with respect to the subject

in question and something else; and that is a species of definition.

For if the question is, "Whether pertinacity and perseverance are the

same thing," it must be decided by definitions. And the topics which

are incidental to a discussion of this kind are those drawn from

consequents, or antecedents, or inconsistencies, with the addition

also of those two topics which are deduced from causes and effects.

For if such and such a thing is a consequence of this, but not a

consequence of that; or if such and such a thing is a necessary

antecedent to this, but not to that; or if it is inconsistent with

this, but not with that; or if one thing is the cause of this, and

another the cause of that; or if this is effected by one thing,

and that by another thing; from any one of these topics it may be

discovered whether the thing which is the subject of discussion is the

same thing or something else.

With respect to the third kind of inquiry, in which the question is

what the character of the matter in question is, those things are

incidental to the comparison which were enumerated just now under the

topic of comparison. But in that kind of inquiry where the question

is about what is to be sought for or avoided, those arguments are

employed which refer to advantages or disadvantages, whether affecting

the mind or body, or being external. And again, when the inquiry is

not what is honourable or discreditable, all our argument must be

addressed to the good or bad qualities of the mind.

But when right and wrong are being discussed, all the topics of equity

are collected. These are divided in a two-fold manner, as to whether

they are such by nature or owing to institutions. Nature has two

parts to perform, to defend itself, and to indicate right. But the

agreements which establish equity are of a threefold character: one

part is that which rests on laws; one depends on convenience; the

third is founded on and established by antiquity of custom. And again,

equity itself is said to be of a threefold nature: one division of it

having reference to the gods above; another, to the shades below; a

third, to mankind. The first is called piety; the second, sanctity;

the third, justice or equity.

XXIV. I have said enough about propositions. There are now a few

things which require to be said about causes. For they have many

things in common with propositions.

There are then three kinds of causes; having for their respective

objects, judgment, deliberation, and panegyric. And the object of each

points out what topics we ought to employ in each. For the object of

judicial judgment is right; from which also it derives its name. And

the divisions of right were explained when we explained the divisions

of equity. The object of deliberation is utility; of which the

divisions have also been already explained when we were treating of

things to be desired. The object of panegyric is honour; concerning

which also we have already spoken.

But inquiries which are definite are all of them furnished with

appropriate topics, as if they belonged to themselves, being divided

into accusation and defence. And in them there are these kinds of

argumentation. The accuser accuses a person of an act; the advocate

for the defence opposes one of these excuses: either that the thing

imputed has not been done; or that, if it has been done, it deserves

to be called by a different name; or that it was done lawfully and

rightly. Therefore, the first is called a defence either by way of

denial or by way of conjecture; the second is called a defence by

definition; the third, although it is an unpopular name, is called the

judicial one.

XXV. The arguments proper to these excuses, being derived from the

topics which we have already set forth, have been explained in our

oratorical rules. But the refutation of an accusation, in which there

is a repelling of a charge, which is called in Greek [Greek: stasis],

is in Latin called _status_. On which there is founded, in the first

place, such a defence as may effectually resist the attack. And also,

in the deliberations and panegyrics the same refutations often have

place. For it is often denied that those things are likely to happen

which have been stated by some or other in his speech as sure to take

place; if it can be shown either that they are actually impossible, or

that they cannot be brought about without extreme difficulty. And in

this kind of argumentation the conjectural refutation takes place. But

when there is any discussion about utility, or honour, or equity, and

about those things which are contrary to one another, then come in

denials, either of the law or of the name of the action. And the same

is the case in panegyrics. For one may either deny that that has been

done which the person is praised for; or else that it ought to bear

that name which the praiser has conferred on it, or else one may

altogether deny that it deserves any praise at all, as not having been

done rightly or lawfully. And Caesar employed all these different kinds

of denial with exceeding impudence when speaking against my friend

Cato. But the contest which arises from a denial is called by the

Greeks [Greek: krinomenon]; I, while writing to you, prefer calling it

"the precise point in dispute." But for the parts within which this

discussion on the point in dispute is contained, they may be called

the containing parts; being as it were the foundations of the defence;

and if they are taken away there would be no defence at all. But since

in arguing controversies there ought to be nothing which has more

weight than the law itself, we must take pains to have the law as our

assistant and witness. And in this there are, as it were, other new

denials, which are called legitimate subjects of discussion. For then

it is urged in defence, that the law does not say what the adversary

states it to say, but something else. And that happens when the terms

of the law are ambiguous, so that they can be understood in two

different senses. Then the intention of the framer is opposed to the

letter of the law; so that the question is, whether the words or the

intention ought to have the greatest validity? Then again, another law

is adduced contrary to this law. So there are three kinds of doubts

which can give rise to a dispute with respect to every written

document; ambiguity of expression, discrepancy between the expression

and the intention, and also written documents opposed to the one in

question. For this is evident; that these kinds of disputes are no

more incidental to laws than to wills, or covenants, or to anything

else which is contained in writing. And the way to treat these topics

is explained in other books.

XXVI. Nor is it only entire pleadings which are assisted by these

topics, but the same are useful in the separate parts of an orator;

being partly peculiar and partly general. As in the opening of a

speech, in which the orator must employ peculiar topics in order to

render his hearers well disposed to him, and docile, and attentive.

And also he must attend to his relations of facts, so that they may

have a bearing on his object, that is to say, that they may be plain,

and brief, and intelligible, and credible, and respectable, and

dignified: for although these qualities ought to be apparent

throughout the whole speech, still they are peculiarly necessary in

any narration. But since the belief which is given to a narration is

engendered by persuasiveness, we have already, in the treatises which

we have written on the general subject of oratory, explained what

topics they are which have the greatest power to persuade the hearers.

But the peroration has other points to attend to, and especially

amplification; the effect of which ought to be, that the mind of the

hearer is agitated or tranquillized by it; and if it has already been

affected in that way, that the whole speech shall either increase its

agitation, or calm it more completely.

For this kind of peroration, by which pity, and anger, and hatred,

and envy, and similar feelings of the mind are excited, rules are

furnished in those books, which you may read over with me whenever you

like. But as to the point on which I have known you to be anxious,

your desires ought now to be abundantly satisfied. For, in order

not to pass over anything which had reference to the discovery of

arguments in every sort of discussion, I have embraced more topics

than were desired by you; and I have done as liberal sellers often do,

when they have sold a house or a farm, the movables being all excepted

from the sale, still give some of them to the purchaser, which appear

to be well placed as ornaments or conveniences. And so we have chosen

to throw in some ornaments that were not strictly your due, in

addition to that with which we had bound ourselves to furnish you.

* * * * *

A DIALOGUE CONCERNING ORATORICAL PARTITIONS.

BY MARCUS TULLIUS CICERO.

* * * * *

The persons introduced in this dialogue are Cicero and his son. It is

not known when, or under what circumstances it was written.

I. _Cicero Fil._ I wish, my father, to hear from you in Latin the

rules which you have already given me in Greek, concerning the

principles of speaking, if at least you have leisure and inclination

to instruct me in them.

_Cicero Pat._ Is there anything, my Cicero, which I can be more

desirous of than that you should be as learned as possible? And in the

first place, I have the greatest possible leisure, since I have

been able to leave Rome for a time; and in the next place, I would

willingly postpone even my own most important occupations to the

furthering of your studies.

_C. F._ Will you allow me, then, to ask you questions in my turn, in

Latin, about the same subjects on which you are accustomed to put

questions to me in regular order in Greek?

_C. P._ Certainly, if you like; for by that means I shall perceive

that you recollect what you have been told, and you will hear in

regular order all that you desire.

_C. F._ Into how many parts is the whole system of speaking divided?

_C. P._ Into three.

_C. F._ What are they?

_C. P._ First of all, the power of the orator; secondly, the speech;

thirdly, the subject of the speech.

_C. F._ In what does the power of the orator consist?

_C. P._ In ideas and words. But both ideas and words have to be

discovered and arranged. But properly the expression "to discover"

applies to the ideas, and the expression "to be eloquent" to the

language; but the arranging, though that is common to both, still is

usually referred rather to the discovery. Voice, gesture, expression

of countenance, and all action, are companions of eloquence; and the

guardian of all these things is memory.

_C. F._ What? How many parts of an oration are there?

_C. P._ Four: two of them relate to explaining any subject,--namely,

relation and confirmation; two to exciting the minds of the

hearers,--the opening and the peroration.

_C. F._ What? Has the manner of inquiry any divisions?

_C. P._ It is divided into the infinite, which I term consultation;

and the definite, which I call the cause.

II. _C. F._ Since, then, the first business of the orator is

discovery, what is he to look for?

_C. P._ He is to seek to find out how to inspire those men whom he

is desirous to persuade, with belief in his words; and how to affect

their minds with such and such feelings.

_C. F._ By what means is belief produced?

_C. P._ By arguments, which are derived from topics either existing in

the subject itself, or assumed.

_C. F._ What do you mean by topics?

_C. P._ Things in which arguments are concealed.

_C. F._ What is an argument?

_C. P._ Something discovered which has a probable influence in

producing belief.

_C. F._ How, then, do you divide these two heads?

_C. P._ Those things which come into the mind without art I call

remote arguments, such as testimony.

_C. F._ What do you mean by those topics which exist in the thing

itself?

_C. P._ I cannot give a clearer explanation of them.

_C. F._ What are the different kinds of testimony?

_C. P._ Divine and human. Divine,--such as oracles, auspices,

prophecies, the answers of priests, soothsayers, and diviners:

human,--which is derived from authority, from inclination, and from

speech either voluntary or extorted; and under this head come written

documents, covenants, promises, oaths, inquiries.

_C. F._ What are the arguments which you say belong to the cause?

_C. P._ Those which are fixed in the things themselves, as definition,

as a contrary, as those things which are like or unlike, or which

correspond to or differ from the thing itself or its contrary, as

those things which have as it were united, or those which are as it

were inconsistent with one another, or the causes of those things

which are under discussion, or the results of causes, that is to say,

those things which are produced by causes, as distributions, and the

genera of parts, or the parts of genera, as the beginnings and as it

were outriders of things, in which there is some argument, as the

comparisons between things, as to which is greater, which is equal,

which is less, in which either the natures or the qualities of things

are compared together.

III. _C. F._ Are we then to derive arguments from all these topics?

_C. P._ Certainly we must examine into them all, and seek them from

all, but we must exercise our judgment in order at all times to reject

what is trivial, and sometimes pass over even common topics, and those

which are not necessary.

_C. F._ Since you have now answered me as to belief, I wish to hear

your account of how one is to raise feelings.

_C. P._ It is a very reasonable question, but what you wish to know

will be explained more clearly when I come to the system of orations

and inquiries themselves.

_C. F._ What, then, comes next?

_C. P._ When, you have discovered your arguments, to arrange them

properly, and in an extensive inquiry the order of the topics is very

nearly that which I have set forth, but in a definite one, we must use

those topics also which relate to exciting the required feelings in

the minds of the hearers.

_C. F._ How, then, do you explain them?

_C. P._ I have general precepts for producing belief and exciting

feelings. Since belief is a firm opinion, but feelings are an

excitement of the mind either to pleasure, or to vexation, or to fear,

or to desire, (for there are all these kinds of feelings, and many

divisions of each separate genus,) I adapt all my arrangement to the

object of the inquiry. For the end in a proposition is belief, in a

cause, both belief and feeling wherefore, when I have spoken of the

cause, in which proposition is involved, I shall have spoken of both.

_C. F._ What have you then to say about the cause?

_C. P._ That it is divided according to the divisions of hearers. For

they are either listeners, who do nothing more than hear; or judges,

that is to say, regulators both of the fact and of the decision; so

as either to be delighted or to determine something. But he decides

either concerning the past as a judge, or concerning the future as

a senate. So there are three kinds,--one of judgment, one of

deliberation, one of embellishment; and this last, because it is

chiefly employed in panegyric, has its peculiar name from that.

IV. _C. F._ What objects shall the orator propose to himself in these

three kinds of oratory?

_C. P._ In embellishment, his aim must be to give pleasure; in

judicial speaking, to excite either the severity or the clemency of

the judge; but in persuasion, to excite either the hope or the fear of

the assembly which is deliberating.

_C. F._ Why then do you choose this place to explain the different

kinds of disputes?

_C. P._ In order to adapt my principles of arrangement to the object

of each separate kind.

_C. F._ In what manner?

_C. P._ Because in those orations in which pleasure is the object

aimed at, the orders of arrangement differ. For either the degrees of

opportunities are preserved, or the divisions of genera; or we ascend

from the less to the greater, or we glide down from the greater to the

less; or we distinguish between them with a variety of contrasts, when

we oppose little things to great ones, simple things to complex ones,

things obscure to things which are plain, what is joyful to what is

sad, what is incredible to what is probable; all which topics are

parts of embellishment.

_C. F._ What? What is your aim in a deliberative speech?

_C. P._ There must either be a short opening, or none at all. For the

men who are deliberating are ready for their own sake to hear what

you have to say. And indeed it is not often that there is much to be

related; for narration refers to things either present or past, but

persuasion has reference to the future. Wherefore every speech is to

be calculated to produce belief, and to excite the feelings.

_C. F._ What next? What is the proper arrangement in judicial

speeches?

_C. P._ The arrangement suitable to the accuser is not the same as

that which is good for the accused person; because the accuser follows

the order of circumstances, and puts forward vigorously each separate

argument, as if he had a spear in his hand; and sums them up

with vehemence; and confirms them by documents, and decrees, and

testimonies; and dwells carefully on each separate proof; and avails

himself of all the rules of peroration which are of any force to

excite the mind; and in the rest of his oration he departs a little

from the regular tenor of his argument; and above all, is he earnest

in summing up, for his object is to make the judge angry.

V. _C. F._ What, on the other hand, is the person accused to do?

_C. P_. He is to act as differently as possible in every respect.

He must employ an opening calculated to conciliate good-will. Any

narrations which are disagreeable must be cut short; or if they are

wholly mischievous, they must be wholly omitted; the corroborative

proofs calculated to produce belief must be either weakened or

obscured, or thrown into the shade by digressions. And all the

perorations must be adapted to excite pity.

_C. F._ Can we, then, always preserve that order of arrangement which

we desire to adopt?

_C. P._ Surely not; for the ears of the hearers are guides to a wise

and prudent orator; and whatever is unpleasing to them must be altered

or modified.

_C. F._ Explain to me then now, what are the rules for the speech

itself, and for the expressions to be contained in it.

_C. P._ There is, then, one kind of eloquence which seems fluent by

nature; another which appears to have been changed and modified by

art. The power of the first consists in simple words; that of the

second, in words in combination. Simple words require discovery;

combined expressions stand in need of arrangement.

And simple expressions are partly natural, partly discovered. Those

are natural which are simply appellative; those are discovered which

are made of those others, and remodelled either by resemblance, or by

imitation, or by inflection, or by the addition of other words. And

again, there is this distinction between words: some are distinguished

according to their nature; some according to the way in which they are

handled: some by nature, so that they are more sonorous, more grave,

or more trivial, and to a certain extent neater: but others by the way

in which they are handled, when either the peculiar names of things

are taken, or else others which are added to the proper name, or new,

or old-fashioned, or in some way or other modified and altered by the

orator,--such as those which are used in borrowed senses, or changed,

or those which we as it were misuse; or those which we make obscure;

which we in some incredible manner remove altogether; and which we

embellish in a more marvellous manner than the ordinary usage of

conversation sanctions.

VI. _C. F._ I understand you now as far as simple expressions go; now

I ask about words in combination.

_C. P_. There is a certain rhythm which must be observed in such

combination, and a certain order in which words must follow one

another. Our ears themselves measure the rhythm; and guard against

your failing to fill up with the requisite words the sentence which

you have begun, and against your being too exuberant on the other

hand. But the order in which words follow one another is laid down

to prevent an oration being a confused medley of genders, numbers,

tenses, persons, and cases; for, as in simple words, that which is not

Latin, so in combined expressions, that which is not well arranged,

deserves to be blamed.

The Orations of Marcus Tullius Cicero, Volume 4 · 第 11 / 12 章