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Body Pages 253.2 Time 3:31 |
Chapters 144 |
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1 To Brutus
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1 - Preface
This work was composed by Cicero soon after the battle of Pharsalia,
and it was intended by him to contain the plan of what he himself
considered to be the most perfect style of eloquence. In his Epistles
to his Friends (vi. 18.) he tells Lepta that he firmly believed that
he had condensed all his knowledge of the art of oratory in what he
had set forth in this book. |
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1 - 1
I have, O Brutus, hesitated a long time and often as to whether
it was a more difficult and arduous business to refuse you, when
constantly requesting the same favour, or to do what you desired me to
do. For to refuse a man to whom I was attached above all men, and whom
I knew also to be most entirely devoted to me, especially when he was
only asking what was reasonable, and desiring what was honourable to
me, appeared to me to be very harsh conduct; and to undertake a matter
of such importance as was not only difficult for any man to have the
ability to execute in an adequate manner, but hard even to think of
in a way suited to its importance, appeared to me to be scarcely
consistent with the character of a man who stood in awe of the reproof
of wise and learned men. For what is there more important than, when
the dissimilarity between good orators is so great, to decide which is
the best sort and as it were the best form of eloquence?
However, since you repeat your entreaties, I will attempt the task,
not so much from any hope that I entertain of accomplishing it, as
from my willingness to attempt it. For I had rather that you should
find fault with my prudence in thus complying with your eager desire,
than with my friendship in refusing to attempt it.
You ask me then, and indeed you are constantly asking me, what kind
of eloquence I approve of in the highest degree, and which sort of
oratory I consider that to which nothing can be added, and which I
therefore think the highest and most perfect kind. And in answering
this question I am afraid lest, if I do what you wish, and give you an
idea of the orator whom you are asking for, I may check the zeal of
many, who, being discouraged by despair, will not make an attempt at
what they have no hope of succeeding in. But it is good for all men to
try everything, who have ever desired to attain any objects which are
of importance and greatly to be desired. But if there be any one who
feels that he is deficient either in natural power, or in any eminent
force of natural genius, or that he is but inadequately instructed in
the knowledge of important sciences, still let him hold on his course
as far as he can. For if a man aims at the highest place, it is very
honourable to arrive at the second or even the third rank. For in
the poets there is room not only for Homer (to confine myself to the
Greeks), or for Archilochus, or Sophocles, or Pindar, but there is
room also for those who are second to them, or even below the second.
Nor, indeed, did the nobleness of Plato in philosophical studies deter
Aristotle from writing; nor did Aristotle himself, by his admirable
knowledge and eloquence, extinguish the zeal in those pursuits of all
other men. |
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1 - 2
And it is not only the case that eminent men have not been
deterred by such circumstances from the highest class of studies, but
even those artists have not renounced their art who have been unable
to equal the beauty of the Talysus[58] which we have seen at Rhodes,
or of the Coan Venus. Nor have subsequent sculptors been so far
alarmed at the statue of the Olympian Jove, or of the Shield-bearer,
as to give up trying what they could accomplish, or how far they could
advance; and, indeed, there has been so vast a multitude of those men,
and each of them has obtained so much credit in his own particular
walk, that, while we admire the most perfect models, we have also
approbation to spare for those who come short of them.
But in the case of orators--I mean Greek orators--it is a marvellous
thing how far one is superior to all the rest. And yet when
Demosthenes flourished there were many illustrious orators, and so
there were before his time, and the supply has not failed since. So
that there is no reason why the hopes of those men, who have devoted
themselves to the study of eloquence, should be broken, or why
their industry should languish. For even the very highest pitch of
excellency ought not to be despaired of; and in perfect things those
things are very good which are next to the most perfect.
And I, in depicting a consummate orator, will draw a picture of such
an one as perhaps never existed. For I am not asking who he was, but
what that is than which nothing can be more excellent. And perhaps the
perfection which I am looking for does not often shine forth, (indeed
I do not know whether it ever has been seen,) but still in some degree
it may at times be discoverable, among some nations more frequently,
and among others more sparingly. But I lay down this position, that
there is nothing of any kind so beautiful which has not something more
beautiful still from which it is copied,--as a portrait is from a
person's face,--though it can neither be perceived by the eyes or
ears, or by any other of the senses; it is in the mind only, and by
our thoughts, that we embrace it. Therefore, though we have never seen
anything of any kind more beautiful than the statues of Phidias and
than those pictures which I have named, still we can imagine something
more beautiful. Nor did that great artist, when he was making the
statue of Jupiter or of Minerva, keep in his mind any particular
person of whom he was making a likeness; but there dwelt in his mind
a certain perfect idea of beauty, which he looked upon, and fixed
his eyes upon, and guided his art and his hand with reference to the
likeness of that model. |
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1 - 3
As therefore there is in forms and figures something perfect and
superexcellent, the appearance of which is stamped in our minds so
that we imitate it, and refer to it everything which falls under our
eyes; so we keep in our mind an idea of perfect eloquence, and seek
for its resemblance with our ears.
Now Plato, that greatest of all authors and teachers, not only of
understanding, but also of speaking, calls those forms of things
ideas; and he affirms that they are not created, but that they
exist from everlasting, and are kept in their places by reason and
intelligence: that all other things have their rising and setting,
their ebb and flow, and cannot continue long in the same condition.
Whatever there is, therefore, which can become a subject of discussion
as to its principle and method, is to be reduced to the ultimate form
and species of its class.
And I see that this first beginning of mine is derived not from the
discussions of orators, but from the very heart of philosophy, and
that it is old-fashioned and somewhat obscure, and likely to incur
some blame, or at all events to provoke some surprise. For men will
either wonder what all this has to do with that which is the subject
of our inquiry, and they will be satisfied with understanding the
nature of the facts, so that it may not seem to be without reason that
we have traced their origin so far back; or else they will blame
us for hunting out for unaccustomed paths, and abandoning those in
ordinary use.
But I am aware that I often appear to say things which are novel, when
I am in reality saying what is very old, only not generally known.
And I confess that I have been made an orator, (if indeed I am one at
all,) or such as I am, not by the workshops of the rhetoricians, but
by the walks of the Academy. For that is the school of manifold and
various discourses, in which first of all there are imprinted the
footsteps of Plato. But the orator is to a great extent trained and
assisted by his discussions and those of other philosophers. For all
that copiousness, and forest, as it were, of eloquence, is derived
from those men, and yet is not sufficient for forensic business;
which, as these men themselves used to say, they left to more rustic
muses. Accordingly this forensic eloquence, being despised and
repudiated by philosophy, has lost many great and substantial helps;
but still, as it is embellished with flowery language and well-turned
periods, it has had some popularity among the people, and has had no
reason to fear the judgment or prejudice of a few. And so popular
eloquence has been lost to learned men, and elegant learning to
eloquent ones. |
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1 - 4
Let this then be laid down among the first principles, (and it
will be better understood presently,)--that the eloquent man whom we
are looking for cannot be rendered such without philosophy. Not indeed
that there is everything necessary in philosophy, but that it is of
assistance to an orator as the wrestling-school is to an actor; for
small things are often compared with great ones. For no one can
express wide views, or speak fluently on many and various subjects,
without philosophy. Since also, in the Phaedrus of Plato, Socrates says
that this is what Pericles was superior to all other orators in, that
he had been a pupil of Anaxagoras the natural philosopher. And it was
owing to him, in his opinion, (though he had learnt also many other
splendid and admirable accomplishments,) that he was so copious and
imaginative, and so thoroughly aware--which is the main thing in
eloquence--by what kinds of speeches the different parts of men's
minds are moved.
And we may draw the same conclusion from the case of Demosthenes; from
whose letters it may be gathered what a constant pupil of Plato's
he was. Nor, indeed, without having studied in the schools of
philosophers, can we discern the genus and species of everything; nor
explain them by proper definitions; nor distribute them into their
proper divisions; nor decide what is true and what is false; nor
discern consequences, perceive inconsistencies, and distinguish what
is doubtful. Why should I speak of the nature of things, the knowledge
of which supplies such abundance of topics to oratory? or of life, and
duty, and virtue, and manners? for what of all these things can be
either spoken of or understood without a long study of those matters? |
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1 - 5
To these numerous and important things there are to be added
innumerable ornaments, which at that time were only to be derived from
those men who were accounted teachers of oratory. The consequence is,
that no one applies himself to that genuine and perfect eloquence,
because the study requisite for understanding those matters is
different from that which enables me to speak of them; and because it
is necessary to go to one class of teachers to understand the things,
and to another to learn the proper language for them. Therefore Marcus
Antonius, who in the time of our fathers was considered to be the most
eminent of all men alive for eloquence, a manly nature very acute and
eloquent, in that one treatise which he has left behind him, says that
he has seen many fluent speakers, but not one eloquent orator, in
truth, he had in his mind a model of eloquence which in his mind he
saw, though he could not behold it with his eyes. But he, being a man
of the most acute genius, (as indeed he was,) and feeling the want of
many things both in himself and other men, saw absolutely no one who
had fairly a right to be called eloquent. But if he did not think
either himself or Lucius Crassus eloquent, then he certainly must
have had in his mind some perfect model of eloquence; and as that
had nothing wanting, he felt himself unable to include those who had
anything or many things wanting in that class.
Let us then, O Brutus, if we can, investigate the nature of this man
whom Antonius never beheld, or who perhaps has never even existed; and
if we cannot imitate and copy him exactly, (which indeed Antonius said
was scarcely possible for a god to do,) still we may perhaps be able
to explain what he ought to be like. |
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1 - 6
There are altogether three different kinds of speaking, in each of
which there have been some eminent men; but very few (though that is
what we are now looking for) who have been equally eminent in all. For
some have been grandiloquent men, (if I may use such an expression,)
with an abundant dignity of sentiments and majesty of language,
--vehement, various, copious, authoritative; well adapted and prepared
to make an impression on and effect a change in men's feelings: an
effect which some have endeavoured to produce by a rough, morose,
uncivilized sort of speaking, not elaborated or wrought up with any
care; and others employ a smooth, carefully prepared, and well rounded
off style.
On the other hand, there are men neat, acute, explaining everything,
and making matters clearer, not nobler, polished up with a certain
subtle and compressed style of oratory; and in the same class there
are others, shrewd, but unpolished, and designedly resembling rough
and unskilful speakers; and some who, with the same barrenness and
simplicity, are still more elegant, that is to say, are facetious,
flowery, and even slightly embellished.
But there is another class, half-way between these two, and as it were
compounded of both of them, endowed neither with the acuteness of the
last-mentioned orators, nor with the thunder of the former; as a sort
of mixture of both, excelling in neither style; partaking of both, or
rather indeed (if we would adhere to the exact truth) destitute of all
the qualifications of either. Those men go on, as they say, in one
uniform tenor of speaking, bringing nothing except their facility and
equalness of language; or else they add something, like reliefs on a
pedestal, and so they embellish their whole oration, with trifling
ornaments of words and ideas. |
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1 - 7
Now, whoever have by themselves arrived at any power in each of
these styles of oratory, have gained a great name among orators; but
we must inquire whether they have sufficiently effected what we want.
For we see that there have been some men who have been ornate and
dignified speakers, being at the same time shrewd and subtle arguers.
And I wish that we were able to find a model of such an orator among
the Latins. It would be a fine thing not to be forced to have recourse
to foreign instances, but to be content with those of our own country.
But though in that discourse of mine which I have published in the
Brutus, I have attributed much credit to the Latins,--partly
to encourage others, and partly out of affection for my own
countrymen,--I still recollect that I by far prefer Demosthenes to all
other men, inasmuch as he adapted his energy to that eloquence which
I myself feel to be such, and not to that which I have ever had any
experience of in any actual instance. He was an orator than whom
there has never existed one more dignified, nor more wise, nor more
temperate. And therefore it is well that we should warn those men
whose ignorant conversation is getting to have some notoriety and
weight, who wish either to be called Attic speakers, or who really
wish to speak in the Attic style, to fix their admiration on this man
above all others, than whom I do not think Athens itself more Attic.
For by so doing they may learn what Attic means, and may measure
eloquence by his power and not by their own weakness; for at present
every one praises just that which he thinks that he himself is able
to imitate. But still I think it not foreign to my present subject to
remind those who are endowed with but a weak judgment, what is the
peculiar merit of the Attic writers. |
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1 - 8
The prudence of the hearers has always been the regulator of
the eloquence of the orators. For all men who wish to be approved of,
regard the inclination of those men who are their hearers, and form
and adapt themselves entirely which of the Greek rhetoricians
ever drew any of his rules from Thucydides? Oh, but he is praised
universally. I admit that, but it is on the ground that he is a wise,
conscientious, dignified relater of facts, not that he was pleading
causes before tribunals, but that he was relating wars in a history.
Therefore, he was never accounted an orator; nor, indeed, should we
have ever heard of his name if he had not written a history, though he
was a man of eminently high character and of noble birth. But no one
ever imitates the dignity of his language or of his sentiments, but
when they have used some disjointed and unconnected expressions, which
they might have done without any teacher at all, then they think that
they are akin to Thucydides. I have met men too who were anxious to
resemble Xenophon, whose style is, indeed, sweeter than honey, but as
unlike as possible to the noisy style of the forum. |
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1 - 9
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1 - 10
Let us then return to the subject of laying a foundation for
the orator whom we desire to see, and of furnishing him with that
eloquence which Antonius had never found in any one. We are, O Brutus,
undertaking a great and arduous task, but I think nothing difficult to
a man who is in love. But I am and always have been in love with your
genius, and your pursuits, and your habits. Moreover, I am every day
more and more inflamed not only with regret,--though I am worn away
with that while I am wishing to enjoy again our meetings and our daily
association, and your learned discourse,--but also with the admirable
reputation of your incredible virtues, which, though different in
their kind, are united by your prudence. For what is so different or
remote from severity as courtesy? And yet who has ever been considered
either more conscientious or more agreeable than you? And what is
so difficult as, while deciding disputes between many people, to be
beloved by all of them? Yet you attain this end, of dismissing in a
contented and pacified frame of mind the very parties against whom you
decide. Therefore, while doing nothing from motives of interest
you still contrive that all that you do should be acceptable. And
therefore, of all the countries on earth, Gaul[59] is now the only one
which is not affected by the general conflagration, while you yourself
enjoy your own virtues in peace, knowing that your conduct is
appreciated in this bright Italy, and surrounded as you are by the
flower and strength of the citizens.
And what an exploit is that, never, amid all your important
occupations, to interrupt your study of philosophy! You are always
either writing something yourself or inviting me to write something.
Therefore, I began this work as soon as I had finished my Cato, which
I should never have meddled with, being alarmed at the aspect of the
times, so hostile to virtue, if I had not thought it wicked not to
comply with your wishes, when you were exhorting me and awaking in me
the recollection of that man who was so dear to me, and I call you to
witness that I have only ventured to undertake this subject after many
entreaties on your part, and many refusals on mine. For I wish that
you should appear implicated in this fault, so that if I myself should
appear unable to support the weight of such a subject, you may bear
the blame of having imposed such a burden on me, and I only that
of having undertaken it. And then the credit of having had such a
commission given me by you, will make amends for the blame which the
deficiency of my judgment will bring upon me. |
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1 - 11
But in everything it is very difficult to explain the form (that
which is called in Greek [Greek: charaktaer]) of perfection, because
different things appear perfection to different people. I am delighted
with Ennius, says one person, because he never departs from the
ordinary use of words. I love Pacuvius, says another, all his verses
are so ornamented and elaborate while Ennius is often so careless.
Another is all for Attius. For there are many different opinions, as
among the Greeks, nor is it easy to explain which form is the most
excellent. In pictures one man is delighted with what is rough harsh
looking, obscure, and dark, others care only for what is neat cheerful
and brilliant. Why should you, then give any precise command or
formula, when each is best in its own kind, and when there are many
kinds? However, these difficulties have not repelled me from this
attempt, and I have thought that in everything there is some point of
absolute perfection even though it is not easily seen, and, that it
can be decided on by a man who understands the matter.
But since there are many kinds of speeches, and those different, and
as they do not all fall under one form, the form of panegyric, and of
declamation, and of narration, and of such discourses as Isocrates has
left us in his panegyric, and many other writers also who are called
sophists; and the form also of other kinds which have no connexion
with forensic discussion, and of the whole of that class which is
called in Greek [Greek: epideiktikon], and which is made up as it were
for the purpose of being looked at--for the sake of amusement, I
shall omit at the present time. Not that they deserve to be entirely
neglected; for they are as it were the nursery of the orator whom we
wish to draw; and concerning whom we are endeavouring to say something
worth hearing. |
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1 - 12
From this form is derived fluency of words; from it also the
combination and rhythm of sentences derives a freer licence. For
great indulgence is shown to neatly turned sentences; and rhythmical,
steady, compact periods are always admissible. And pains are taken
purposely, not disguisedly, but openly and avowedly, to make one word
answer to another, as if they had been measured together and were
equal to each other. So that words opposed to one another may be
frequently contrasted, and contrary words compared together, and that
sentences may be terminated in the same manner, and may give the same
sound at their conclusion; which, when we are dealing with actual
causes, we do much more seldom, and certainly with more disguise. But,
in his Panathenaic oration, Isocrates avows that he diligently kept
that object in view; for he composed it not for a contest in a court
of justice, but to delight the ears of his hearers.
They say that Thrasymachus of Chalcedon, and Gorgias of Leontini,
were the first men who taught this science; after him Theodorus of
Byzantium, and many others whom Socrates in the Phaedrus calls [Greek:
logodaidaloi]; who have said many things very tolerably clever, but
which seem as if they had arisen at the moment, trifling, and like
animals which change their colour, and too minutely painted. And this
is what makes Herodotus and Thucydides the more admirable; for though
they lived at the same time with those men whom I have named, still
they kept aloof as far as possible from such amusements, or I should
rather say from such follies. For one of them flows on like a tranquil
river, without any attempts at facetiousness; the other is borne on
in a more impetuous course, and relates warlike deeds in a warlike
spirit; and they are the first men by whom, as Theophrastus says,
history was stirred up to dare to speak in a more fluent and adorned
style than their predecessors had ventured on. |
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1 - 13
Isocrates lived in the age next to theirs; who is at all times
praised by us above all other orators of his class, even though you,
O Brutus, sometimes object in a jesting though not in an unlearned
spirit. But you will very likely agree with me when you know why I
praise him. For as Thrasymachus appeared to him to be too concise with
his closely measured rhythm, and Gorgias also, though they are the
first who are said to have laid down any rules at all for the harmony
of sentences; and as Thucydides was somewhat too abrupt and not
sufficiently round, if I may use such an expression; he was the first
who adopted a system of dilating his ideas with words, and filling
them up with better sounding sentences; and as by his own practice he
formed those men who were afterwards accounted the most eminent men in
speaking and writing, his house got to be reckoned a perfect school
of eloquence. Therefore, as I, when I was praised by our friend Cato,
could easily bear to be blamed by the rest; so Isocrates appears to
have a right to despise the judgment of other men, while he has the
testimony of Plato to pride himself on. For, as you know, Socrates is
introduced in almost the last page of the Phaedrus speaking in these
words:--"At present, O Phaedrus, Isocrates is quite a young man; but
still I delight in telling the expectations which I have of him."
"What are they?" says he. "He appears to me to be a man of too lofty
a genius to be compared to Lysias and his orations: besides, he has a
greater natural disposition for virtue; so that it will not be at all
strange if, when he has advanced in age, he will either surpass all
his contemporaries who turn their attention to eloquence, and in this
kind of oratory, to the study of which he is at present devoted, as if
they were only boys; or, if he is not content with such a victory, he
will then feel some sort of divine inspiration prompting him to desire
greater things. For there is a deep philosophy implanted by nature
in this man's mind." This was the augury which Socrates forms of him
while a young man. But Plato writes it of him when he has become an
old man, and when he is his contemporary, and a sort of attacker of
all the rhetoricians. And Isocrates is the only one whom he admires.
And let those men who are not fond of Isocrates allow me to remain in
error in the company of Socrates and Plato.
That then is a delightful kind of oratory, free, fluent, shrewd in
its sentiments, sweet sounding in its periods, which is found in that
demonstrative kind of speaking which we have mentioned. It is the
peculiar style of sophists; more suitable for display than for actual
contest; appropriate to schools and exhibitions; but despised in and
driven from the forum. But because eloquence is first of all trained
by this sort of food, and afterwards gives itself a proper colour and
strength, it appeared not foreign to our subject to speak of what is
as it were the cradle of an orator. However, all this belongs to the
schools, and to display: let us now descend into the battle-field and
to the actual struggle. |
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1 - 14
As there are three things which the orator has to consider; what
he is saying; and in what place, and in what manner he is saying each
separate thing; it seems on all accounts desirable to explain what is
best as to each separate subject, though in rather a different
manner from that in which it is usually explained in laying down the
principles of the science. We will give no regular rules, (for that
task we have not undertaken,) but we will present an outline and
sketch of perfect eloquence; nor will we occupy ourselves in
explaining by what means it is acquired, but only what sort of thing
it appears to us to be.
And let us discuss the two first divisions very briefly. For it is
not so much that they have not an important reference to the highest
perfection, as that they are indispensable, and almost common to
other studies also. For to plan and decide on what you will say are
important points, and are as it were the mind in the body; still they
are parts of prudence rather than of eloquence; and yet what matter is
there in which prudence is not necessary? This orator, then, whom we
wish to describe as a perfect one, must know all the topics suited to
arguments and reasons of this class. For since whatever can possibly
be the subject of any contest or controversy, gives rise to the
inquiry whether it exists, and what it is, and what sort of thing it
is; while we endeavour to ascertain whether it exists, by tokens; what
it is, by definitions; what sort of thing it is, by divisions of right
and wrong; and in order to be able to avail himself of these topics
the orator,--I do not mean any ordinary one, but the excellent one
whom I am endeavouring to depict,--always, if he can, diverts the
controversy from any individual person or occasion. For it is in his
power to argue on wider grounds concerning a genus than concerning
a part; as, whatever is proved in the universal, must inevitably be
proved with respect to a part. This inquiry, then, when diverted from
individual persons and occasions to a discussion of a universal genus,
is called a thesis. This is what Aristotle trained young men in, not
after the fashion of ordinary philosophers, by subtle dissertations,
but in the way of rhetoricians, making them argue on each side,
in order that it might be discussed with more elegance and more
copiousness; and he also gave them topics (for that is what he called
them) as heads of arguments, from which every sort of oration might be
applied to either side of the question. |
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1 - 15
This orator of ours then (for what we are looking for is not some
declaimer out of a school, or some pettifogger from the forum, but a
most accomplished and perfect orator), since certain topics are given
to him, will run through all of them; he will use those which are
suitable to his purpose according to their class; he will learn also
from what source those topics proceed which are called common. Nor
will he make an imprudent use of his resources, but he will weigh
everything, and make a selection. For the same arguments have not
equal weight at all times, or in all causes. He will, therefore,
exercise his judgment, and he will not only devise what he is to say,
but he will also weigh its force. For there is nothing more fertile
than genius, especially of the sort which has been cultivated by
study. But as fertile and productive corn-fields bear not only corn,
but weeds which are most unfriendly to corn, so sometimes from those
topics there are produced arguments which are either trifling, or
foreign to the subject, or useless; and the judgment of the orator has
great room to exert itself in making a selection from them. Otherwise
how will he be able to stop and make his stand on those arguments
which are good and suited to his purpose? or how to soften what is
harsh, and to conceal what cannot be denied, and, if it be possible,
entirely to get rid of all such topics? or how will he be able to
lead men's minds away from the objects on which they are fixed, or
to adduce any other argument which, when opposed to that of his
adversaries, may be more probable than that which is brought against
him?
And with what diligence will he marshal the arguments with which he
has provided himself? since that is the second of his three objects.
He will make all the vestibule, if I may so say, and the approach to
his cause brilliant; and when he has got possession of the minds of
his hearers by his first onset, he will then invalidate and exclude
all contrary arguments; and of his own strongest arguments some he
will place in the van, some he will employ to bring up the rear, and
the weaker ones he will place in the centre.
And thus we have described in a brief and summary manner what this
perfect orator should be like in the two first parts of speaking. But,
as has been said before, in these parts, (although they are weighty
and important,) there is less skill and labour than in the others. |
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But when he has found out what to say, and in what place he is to
say it, then comes that which is by far the most important division of
the three, the consideration of the manner in which he is to say it.
For that is a well-known saying which our friend Carneades used to
repeat:--"That Clitomachus said the same things, but that Charmadas
said the same things in the same manner." But if it is of so much
consequence in philosophy even, how you say a thing, when it is the
matter which is looked at there rather than the language, what can we
think must be the case in causes in which the elocution is all in all?
And I, O Brutus, knew from your letters that you do not ask what sort
of artist I think a consummate orator ought to be, as far as devising
and arranging his arguments; but you appeared to me to be asking
rather what kind of eloquence I considered the best. A very difficult
matter, and, indeed, by the immortal gods! the most difficult of all
matters. For as language is a thing soft and tender, and so flexible
that it follows wherever you turn it, so also the various natures
and inclinations of men have given rise to very different kinds of
speaking.
Some men love a stream of words and great volubility, placing all
eloquence in rapidity of speech. Others are fond of distinct and
broadly marked intervals, and delays, and taking of breath. What can
be more different? Yet in each kind there is something excellent.
Some labour to attain a gentle and equable style, and a pure and
transparent kind of eloquence; others aim at a certain harshness and
severity in their language, a sort of melancholy in their speech:
and as we have just before divided men, so that some wish to appear
weighty, some light, some moderate, so there are as many different
kinds of orators as we have already said that there are styles of
oratory. |
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And since I have now begun to perform this duty in a more ample
manner than you did require it of me, (for though the question which
you put to me has reference only to the kind of oration, I have
also in my answer given you a brief account of the invention and
arrangement of arguments,) even now I will not speak solely of the
manner of making a speech, but I will touch also on the manner of
conducting an action. And so no part whatever will be omitted: since
nothing need be said in this place of memory, for that is common to
many arts.
But the way in which it is said depends on two things,--on action
and on elocution. For action is a sort of eloquence of the body,
consisting as it does of voice and motion. Now there are as many
changes of voice as there are of minds, which are above all things
influenced by the voice. Therefore, that perfect orator which our
oration has just been describing, will employ a certain tone of voice
regulated by the way in which he wishes to appear affected himself,
and by the manner also in which he desires the mind of his hearer to
be influenced. And concerning this I would say more if this was the
proper time for laying down rules concerning it, or if this was what
you were inquiring about. I would speak also of gesture, with which
expression of countenance is combined. And it is hardly possible to
express of what importance these things are, and what use the orator
makes of them. For even people without speaking, by the mere dignity
of their action, have often produced all the effect of eloquence; and
many really eloquent men, by their ungainly delivery have been thought
ineloquent. So that it was not without reason that Demosthenes
attributed the first, and second, and third rank to action. For if
eloquence without action is nothing, but action without eloquence is
of such great power, then certainly it is the most important part of
speaking. |
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He, then, who aims at the highest rank in eloquence, will
endeavour with his voice on the stretch to speak energetically; with
a low voice, gently, with a sustained voice, gravely, and with a
modulated voice, in a manner calculated to excite compassion.
For the nature of the voice is something marvellous, for all its great
power is derived from three sounds only, the grave sound, the sharp
sound, and the moderate sound, and from these comes all that sweet
variety which is brought to perfection in songs. But there is also
in speaking a sort of concealed singing, not like the peroration of
rhetoricians from Phrygia or Caria, which is nearly a chant, but that
sort which Demosthenes and Aeschines mean when the one reproaches the
other with the affected modulation of his voice. Demosthenes says even
more, and often declares that Aeschines had a very sweet and clear
voice. And in this that point appears to me worth noting, with
reference to the study of aiming at sweetness in the voice. For nature
of herself, as if she were modulating the voices of men, has placed
in every one one acute tone, and not more than one, and that not more
than two syllables back from the last, so that industry may be guided
by nature when pursuing the object of delighting the ears. A good
voice also is a thing to be desired, for it is not naturally implanted
in us, but practice and use give it to us. Therefore, the consummate
orator will vary and change his voice, and sometimes straining it,
sometimes lowering it, he will go through every degree of tone.
And he will use action in such a way that there shall be nothing
superfluous in his gestures. His attitude will be erect and lofty, the
motion of the feet rare, and very moderate, he will only move across
the tribune in a very moderate manner, and even then rarely, there
will be no bending of the neck, no clenching of the fingers, no rise
or fall of the fingers in regular time, he will rather sway his whole
body gently, and employ a manly inclination of his side, throwing out
his arm in the energetic parts of his speech, and drawing it back in
the moderate ones. As to his countenance, which is of the greatest
influence possible next to the voice, what dignity and what beauty
will be derived from its expression! And when you have accomplished
this, then the eyes too must be kept under strict command, that there
may not appear to be anything unsuitable, or like grimace. For as the
countenance is the image of the mind, so are the eyes the informers as
to what is going on within it. And their hilarity or sadness will be
regulated by the circumstances which are under discussion. |
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But now we must give the likeness of this perfect orator and of
this consummate eloquence, and his very name points out that he excels
in this one particular, that is to say, in oratory and that other
eminent qualities are kept out of sight in him. For it is not by his
invention, or by his power of arrangement, or by his action, that
he has embraced all these points, but in Greek he is called [Greek:
raetor], and in Latin "eloquent," from speaking. For every one claims
for himself some share in the other accomplishments which belong to an
orator, but the greatest power in speaking is allowed to be his alone.
For although some philosophers have spoken with elegance, (since
Theophrastus[60] derived his name from his divine skill in speaking,
and Aristotle attacked Isocrates himself, and they say that the Muses
as it were spoke by the mouth of Xenophon; and far above all men who
have ever written or spoken, Plato is preeminent both for sweetness
and dignity,) still their language has neither the vigour nor the
sting of an orator or a forensic speaker. They are conversing with
learned men whose minds they wish to tranquillize rather than to
excite, and so they speak on peaceful subjects which have no connexion
with any violence, and for the sake of teaching, not of charming, so
that even in the fact of their aiming at giving some pleasure by their
diction, they appear to some people to be doing more than is necessary
for them to do.
It is not difficult, therefore, to distinguish between this kind of
speaking and the eloquence which we are now treating of. For the
address of philosophers is gentle, and fond of retirement, and not
furnished with popular ideas or popular expressions, not fettered by
any particular rhythm, but allowed a good deal of liberty. It has
in it nothing angry, nothing envious, nothing energetic, nothing
marvellous, nothing cunning, it is as it were a chaste, modest,
uncontaminated virgin. Therefore it is called a discourse rather than
an oration. For although every kind of speaking is an oration, still
the language of the orator alone is distinguished by this name as its
own property.
It appears more necessary to distinguish between it and the copy of
it by the sophists, who wish to gather all the same flowers which the
orator employs in his causes. But they differ from him in this that,
as their object is not to disturb men's minds, but rather to appease
them, and not so much to persuade as to delight, and as they do it
more openly than we do and more frequently, they seek ideas which are
neat rather than probable, they often wander from the subject, they
weave fables into their speeches, they openly borrow terms from other
subjects, and arrange them as painters do a variety of colours, they
put like things by the side of like, opposite things by the side of
their contraries, and very often they terminate period after period in
similar manners. |
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Now history is akin to this side of writing, in which the authors
relate with elegance, and often describe a legion, or a battle,
and also addresses and exhortations are intermingled, but in them
something connected and fluent is required, and not this compressed
and vehement sort of speaking. And the eloquence which we are looking
for must be distinguished from theirs nearly as much as it must from
that of the poets.
For even the poets have given room for the question, what the point
is in which they differ from the orators, formerly it appeared to be
chiefly rhythm and versification, but of late rhythm has got a great
footing among the orators. For whatever it is which offers the ears
any regular measure, even if it be ever so far removed from verse,
(for that is a fault in an oration,) is called "number" by us,
being the same thing that in Greek is called [Greek: ruthmos]. And,
accordingly, I see that some men have thought that the language of
Plato and Democritus, although it is not verse, still, because it
is borne along with some impetuosity and employs the most brilliant
illustration that words can give, ought to be considered as poetry
rather than the works of the comic poets, in which, except that they
are written in verse, there is nothing else which is different from
ordinary conversation. Nor is that the principal characteristic of
a poet, although he is the more to be praised for aiming at the
excellences of an orator, when he is more fettered by verse. But,
although the language of some poets is grand and ornamented, still
I think that they have greater licence than we have in making
and combining words, and I think too that they often, in their
expressions, pay more attention to the object of giving pleasure to
their leaders than to their subject. Nor, indeed, does the fact of
there being one point of resemblance between them, (I mean judgment
and the selection of words,) make it difficult to perceive their
dissimilarity on other points. But that is not doubtful, and if there
be any question in the matter, still this is certainly not necessary
for the object which is proposed to be kept in view.
The orator, therefore, now that he has been separated from the
eloquence of philosophers, and sophists, and historians, and poets,
requires an explanation from us to show what sort of person he is to
be |
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The eloquent orator, then, (for that is what, according to
Antonius, we are looking for) is a man who speaks in the forum and
in civil causes in such a manner as to prove, to delight, and to
persuade. To prove, is necessary for him; to delight, is a proof of
his sweetness, to persuade, is a token of victory. For that alone of
all results is of the greatest weight towards gaining causes. But
there are as many kinds of speaking as there are separate duties of an
orator. The orator, therefore, ought to be a man of great judgment and
of great ability, and he ought to be a regulator, as it were, of this
threefold variety of duty. For he will judge what is necessary for
every one, and he will be able to speak in whatever manner the cause
requires. But the foundation of eloquence, as of all other things, is
wisdom. For as in life, so in a speech, nothing is more difficult than
to see what is becoming. The Greeks call this [Greek: prepon], we call
it "decorum." But concerning this point many admirable rules are laid
down, and the matter is well worth being understood. And it is owing
to ignorance respecting it that men make blunders not only in life,
but very often in poems, and in speeches.
But the orator must consider what is becoming not only in his
sentences, but also in his words. For it is not every fortune, nor
every honour, nor every authority, nor every age, or place, or time,
nor every hearer who is to be dealt with by the same character of
expressions or sentiments. And at all times, in every part of a speech
or of life, we must consider what is becoming, and that depends partly
on the facts which are the subject under discussion, and also on the
characters of those who are the speakers and of those who are the
hearers. Therefore this topic, which is of very wide extent and
application, is often employed by philosophers in discussions on duty,
not when they are discussing abstract right, for that is but one thing
and the grammarians also too often employ it when criticising the
poets, to show their eloquence in every division and description of
cause. For how unseemly is it, when you are pleading before a single
judge about a gutter, to use high sounding expressions and general
topics, but to speak with a low voice and with subtle arguments in a
cause affecting the majesty of the Roman people. |
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This applies to the whole genus. But some persons err as to
the character either of themselves, or of the judges, or of their
adversaries and not only in actual fact, but often in word. Although
there is no force in a word without a fact, still the same fact is
often either approved of, or rejected, according as this or that
expression is employed respecting it. And in every case it is
necessary to take care how far it may be right to go, for although
everything has its proper limit, still excess offends more than
falling short. And that is the point in which Apelles said that those
painters made a blunder, who did not know what was enough.
There is here, O Brutus, an important topic, which does not escape
your notice, and which requires another large volume. But for the
present question this is enough, when we say that this is becoming,
(an expression which we always employ in all words and actions, both
great and small)--when, I say, we say that this is becoming and
that that is not becoming, and when it appears to what extent each
assertion is meant to be applicable, and when it depends on something
else, and is quite another matter whether you say that a thing is
becoming or proper, (for to say a thing is proper, declares the
perfection of duty, which we and all men are at all times to regard
to say a thing is becoming, as to say that it is fit as it were, and
suitable to the time and person: which is often very important both
in actions and words, and in a person's countenance and gestures
and gait;)--and, on the other hand, when we say that a thing is
unbecoming, (and if a poet avoids this as the greatest of faults, [and
he also errs if he puts an honest sentiment in the mouth of a wicked
man, or a wise one in the mouth of a fool,] or if that painter saw
that, when Calchas was sad at the sacrifice of Iphigenia, and Ulysses
still more so, and Menelaus in mourning, that Agamemnon's head
required to be veiled altogether, since it was quite impossible to
represent such grief as his with a paint brush; if even the actor
inquires what is becoming, what must we think that the orator ought to
do?) But as this is a matter of so much importance, the orator must
take care what he does in his causes, and in the different parts of
them; that is plain, that not only the different parts of an oration,
but that even whole causes are to be dealt with in different styles of
oratory. |
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It follows that the characteristics and forms of each class
must be sought for. It is a great and difficult task, as we have often
said before; but it was necessary for us to consider at the beginning
what we would discuss; and now we must set our sails in whatever
course we are borne on. But first of all we must give a sketch of the
man whom some consider the only orator of the Attic style.
He is a gentle, moderate man, imitating the usual customs, differing
from those who are not eloquent in fact rather than in any of his
opinions. Therefore those who are his hearers, even though they
themselves have no skill in speaking, still feel confident that they
could speak in that manner. For the subtlety of his address appears
easy of imitation to a person who ventures on an opinion, but nothing
is less easy when he comes to try it; for although it is not a style
of any extraordinary vigour, still it has some juice, so that even
though it is not endowed with the most extreme power, it is still, if
I may use such an expression, in perfect health. First of all, then,
let us release it from the fetters of rhythm. For there is, as you
know, a certain rhythm to be observed by an orator, (and of that we
will speak presently,) proceeding on a regular system; but though it
must be attended to in another kind of oratory, it must be entirely
abandoned in this. This must be a sort of easy style, and yet not
utterly without rules, so that it may seem to range at freedom, not to
wander about licentiously. He should also guard against appearing to
cement his words together; for the hiatus formed by a concourse
of open vowels has something soft about it, and indicates a not
unpleasing negligence, as if the speaker were anxious more about the
matter than the manner of his speech. But as to other points, he must
take care, especially as he is allowed more licence in these two,--I
mean the rounding of his periods, and the combination of his words;
for those narrow and minute details are not to be dealt with
carelessly. But there is such a thing as a careful negligence; for as
some women are said to be unadorned to whom that very want of ornament
is becoming, so this refined sort of oratory is delightful even when
unadorned. For in each case a result is produced that the thing
appears more beautiful, though the cause is not apparent. Then every
conspicuous ornament will be removed, even pearls; even curling-irons
will be put away; and all medicaments of paint and chalk, all
artificial red and white, will be discarded; only elegance and
neatness will remain. The language will be pure and Latin; it will be
arranged plainly and clearly, and great care will be taken to see what
is becoming. |
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One quality will be present, which Theophrastus calls the fourth
in his praises of oratory;--full of ornament, sweetness, and fluency.
Clever sentiments, extracted from I know not what secret store, will
be brought out, and will exert their power in the speeches of this
perfect orator. There will be a moderate use of what I may call
oratorical furniture; for there is to a certain degree what I may call
our furniture, consisting of ornaments partly of things and partly of
words. But the ornaments consisting of words are twofold: one kind
consisting of words by themselves, the other consisting of them in
combination. The simple embellishment is approved of in the case of
proper and commonly employed words, which either sound very well,
or else are very explanatory of the subject; in words which do not
naturally belong to the subject,--it is either metaphorical, or
borrowed from some other quarter; or else it is derived from the
subject, whether it is a new term, or an old one grown obsolete; but
even old and almost obsolete terms may be proper ones, only that we
seldom employ them. But words when well arranged have great ornament
if they give any neatness, which does not remain if the words are
altered while the sense remains. For the embellishments of sentiments
which remain, even if you alter the language in which they are
expressed, are many, but still there are but few of them which are
worth remarking.
Therefore a simple orator, provided he is elegant and not bold in the
matter of making words, and modest in his metaphors, and sparing in
his use of obsolete terms, and humble in the rest of his ornaments of
words and sentences, will perhaps indulge in a tolerably frequent use
of that kind of metaphor which is common in the ordinary conversation,
not only of city people, but even of rustics; since they too are in
the habit of saying, "that the vines sparkle with jewels," "that the
fields are thirsty," "that the corn-fields are rejoicing," "that the
crops are luxuriant." Now there is not one of these expressions which
is not somewhat bold; but the thing is either like that which you use
metaphorically; or else, if it has no name of its own, the expression
which you use appears to have been borrowed for the sake of teaching,
not of jesting. And this quiet sort of orator will use this ornament
with rather more freedom than the rest; and yet he will not do it with
as much licence as if he were practising the loftiest kind of oratory. |
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Therefore that unbecomingness (and what that is may be understood
from the definition we have given of what is becoming) is visible here
also, when some sublime expression is used metaphorically, and is used
in a lowly style of oration, though it might have been becoming in
a different one. But the neatness which I have spoken of, which
illuminates the arrangement of language by these lights which the
Greeks, as if they were some gestures of the speech, call [Greek:
schaemata], (and the same word is applied by them also to the
embellishments of sentences,) is employed by the refined orator (whom
some men call the Attic orator, and rightly too, if they did not mean
that he was the only one) but sparingly. For, as in the preparation of
a feast, a man while on his guard against magnificence, is desirous to
be thought not only economical but also elegant, he will choose what
is best for him to use. For there are many kinds of economy suited to
this very orator of whom I am speaking; for the ornaments which I have
previously been mentioning are to be avoided by this acute orator,--I
mean the comparing like with like, and the similarly sounding and
equally measured ends of sentences, and graces hunted out as it were
by the alteration of a letter; so that it may not be visible that
neatness has been especially aimed at, and so that the orator may not
be detected in having been hunting for means of pleasing the ears of
his audience.
Again, if repetitions of the same expressions require a sort of
vehemence and loudness of voice, they will then be unsuited to the
simple style of oratory. The orator may use other embellishments
promiscuously; only let him relax and separate the connexion of the
words, and use as ordinary expressions as possible, and as gentle
metaphors. Let him even avail himself of those lights of sentiments,
as long as they are not too brilliant. He will not make the republic
speak; nor will he raise the dead from the shades below; nor will he
collect together a number of particulars in one heap, and so fold them
in one embrace. Such deeds belong to more vigorous beings, nor are
they to be expected or required from this man of whom we are giving a
sketch; for he will be too moderate not only in his voice, but also
in his style. But there are many embellishments which will suit his
simple style, although he will use even them in a strict manner; for
that is his character.
He will have besides this, action, not tragic, nor suited to the
stage, but he will move his body in a moderate degree, trusting a
great deal to his countenance; not in such a way as people call making
faces but in a manner sufficient to show in a gentlemanlike manner in
what sense he means what he is saying to be understood. |
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Now in this kind of speech sallies of wit are admissible, and
they carry perhaps only too much weight in an oration. Of them there
are two kinds,--facetiousness and raillery,--and the orator will
employ both; but he will use the one in relating anything neatly, and
the other in darting ridicule on his adversaries. And of this latter
kind there are more descriptions than one; however, it is a different
thing that we are discussing now. Nevertheless we may give this
warning,--that the orator ought to use ridicule in such a way as
neither to indulge in it too often, that it may not seem like
buffoonery; nor in a covertly obscure manner, that it may not seem
like the wit of a comedian; nor in a petulant manner, lest it should
seem spiteful; nor should he ridicule calamity, lest that should seem
inhuman; nor crime, lest laughter should usurp the place which hatred
ought to occupy; nor should he employ this weapon when unsuitable to
his own character, or to that of the judges, or to the time; for all
such conduct would come under the head of unbecoming.
The orator must also avoid using jests ready prepared, such as do not
arise out of the occasion, but are brought from home; for they are
usually frigid. And he must spare friendships and dignities. He will
avoid such insults as are not to be healed; he will only aim at his
adversaries, and not even always at them, nor at all of them, nor in
every manner. And with these exceptions, he will employ his sallies of
wit and his facetiousness in such a manner as I have never found any
one of those men do who consider themselves Attic speakers, though
there is nothing more Attic than that practice.
This is the sketch which I conceive to be that of a plain orator, but
still of a great one, and one of a genius very kindred to the Attic;
since whatever is witty or pleasant in a speech is peculiar to the
Attics. Not, however, that all of them are facetious: Lysias is said
to be tolerably so, and Hyperides; Demades is so above all others.
Demosthenes is considered less so, though nothing appears to me to be
more well-bred than he is; but he was not so much given to raillery as
to facetiousness. And the former is the quality of a more impetuous
disposition; the latter betokens a more refined art. |
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There is another style more fertile, and somewhat more
forcible than this simple style of which we have been speaking; but
nevertheless tamer than the highest class of oratory, of which I shall
speak immediately. In this kind there is but little vigour, but there
is the greatest possible quantity of sweetness; for it is fuller
than the plain style, but more plain than that other which is highly
ornamented and copious.
Every kind of ornament in speaking is suitable to this style; and in
this kind of oratory there is a great deal of sweetness. It is a style
in which many men among the Greeks have been eminent; but Demetrius
Phalereus, in my opinion, has surpassed all the rest; and while his
oratory proceeds in calm and tranquil flow, it receives brilliancy
from numerous metaphors and borrowed expressions, like stars.
I call them metaphors, as I often do, which, on account of their
similarity to some other idea, are introduced into a speech for
the sake of sweetness, or to supply a deficiency in a language. By
borrowed expressions I mean those in which, for the proper word,
another is substituted which has the same sense, and which is derived
from some subsequent fact. And though this too is a metaphorical
usage; still Ennius employed it in one manner when he said, "You are
orphaning the citadel and the city;" and he would have used it in a
different manner if he had used the word "citadel," meaning "country."
Again, when he says that "horrid Africa trembles with a terrible
tumult," he uses "Africa" for "Africans." The rhetoricians call this
"hypallage," because one word as it were is substituted for another.
The grammarians call it "metonymia," because names are transferred.
But Aristotle classes them all under metaphor, and so he does the
misuse of terms which they call [Greek: katachraesis]. As when we call
a mind "minute" instead of "little," and misuse words which are near
to others in sense; if there is any necessity for so doing, or any
pleasure, or any particular becomingness in doing so. When many
metaphors succeed one another uninterruptedly the sort of oration
becomes entirely changed. Therefore the Greeks call it [Greek:
allaegoria], rightly as to name; but as to its class he speaks
more accurately who calls all such usages metaphors. Phalereus is
particularly fond of these usages, and they are very agreeable; and
although there is a great deal of metaphor in his speaking, yet there
is no one who makes a more frequent use of the metonymia.
The same kind of oratory, (I am speaking of the moderate and temperate
kind), admits of all sorts of figures of expressions, and of many also
of ideas. Discussions of wide application and extensive learning
are explained in it, and common topics are treated without any
impetuosity. In a word, orators of this class usually come from the
schools of philosophers, and unless the more vigorous orator, whom I
am going to speak of presently, is at hand to be compared with them,
the one whom I am now describing will be approved of. For there is
a remarkable and flowery and highly-coloured and polished style of
oratory, in which every possible elegance of expression and idea is
connected together. And it is from the fountain of the sophist that
all this has flowed into the forum; but still, being despised by the
subtle arguers, and rejected by dignified speakers, it has taken its
place in the moderate kind of oratory of which I am speaking. |
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The third kind of orator is the sublime, copious, dignified,
ornate speaker, in whom there is the greatest amount of grace. For he
it is, out of admiration for whose ornamented style and copiousness of
language nations have allowed eloquence to obtain so much influence
in states; but it was only this eloquence, which is borne along in an
impetuous course, and with a mighty noise, which all men looked up
to, and admired, and had no idea that they themselves could possibly
attain to. It belongs to this eloquence to deal with men's minds, and
to influence them in every imaginable way. This is the style which
sometimes forces its way into and sometimes steals into the senses;
which implants new opinions in men, and eradicates others which have
been long established. But there is a vast difference between this
kind of orator and the preceding ones. A man who has laboured at the
subtle and acute style, in order to be able to speak cunningly and
cleverly, and who has had no higher aim, if he has entirely attained
his object, is a great orator, if not a very great one; he is far from
standing on slippery ground, and if he once gets a firm footing, is
in no danger of falling. But the middle kind of orator, whom I have
called moderate and temperate, if he has only arranged all his own
forces to his satisfaction, will have no fear of any doubtful or
uncertain chances of oratory; and even if at any time he should not be
completely successful, which may often be the case, still he will be
in no great danger, for he cannot fall far. But this orator of ours,
whom we consider the first of orators, dignified, vehement, and
earnest, if this is the only thing for which he appears born, or if
this is the only kind of oratory to which he applies himself, and if
he does not combine his copiousness of diction with those other two
kinds of oratory, is very much to be despised. For the one who speaks
simply, inasmuch as he speaks with shrewdness and sense, is a wise
man; the one who employs the middle style is agreeable; but this
most copious speaker, if he is nothing else, appears scarcely in his
senses. For a man who can say nothing with calmness, nothing with
gentleness; who seems ignorant of all arrangement and definition and
distinctness, and regardless of wit, especially when some of his
causes require to be treated in that matter entirely, and others in a
great degree; if he does not prepare the ears of his hearers before he
begins to work up the case in an inflammatory style, he seems like a
madman among people in their senses, or like a drunken man among sober
men. |
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We have then now, O Brutus, the orator whom we are looking for;
but only in our mind's eye. For if I had had hold of him in my hand,
even he himself, with all his eloquence, should never have persuaded
me to let him go. But, in truth, that eloquent man whom Antonius never
saw is now discovered. Who then is he? I will define him in a few
words, and then describe him at length. For he is an eloquent man who
can speak of low things acutely, and of great things with dignity, and
of moderate things with temper.
Such a man you will say there never was. Perhaps there never was; for
I am only discussing what I wish to see, and not what I have seen.
And I come back to that sketch and idea of Plato's which I mentioned
before; and although we do not see it, yet we can comprehend it in
our mind. For I am not looking for an eloquent man, or for any other
mortal or transitory thing; but for that particular quality which
whoever is master of is an eloquent man; and that is nothing but
abstract eloquence, which we are not able to discern with any eyes
except those of the mind. He then will be an eloquent man, (to repeat
my former definition,) who can speak of small things in a lowly
manner, of moderate things in a temperate manner, and of great things
with dignity. The whole of the cause in which I spoke for Caecina
related to the language or an interdict: we explained some very
involved matters by definitions; we praised the civil law; we
distinguished between words of doubtful meaning. In a discussion on
the Manilian law it was requisite to praise Pompey; and accordingly,
in a temperate speech, we arrived at a copiousness of ornament. The
whole question, of the rights of the people was contained in the
cause of Rabinius; and accordingly we indulged in every conceivable
amplification. But these styles require at times to be regulated and
restrained. What kind of argument is there which is not found in my
five books of impeachment of Verres? or in my speech for Avitus? or in
that for Cornelius? or in the other numerous speeches in defence of
different men? I would give instances, if I did not believe them to
be well known, and that those who wanted them could select them for
themselves; for there is no effort of an orator of any kind, of which
there is not in our speeches, if not a perfect example, at least some
attempt at and sketch of. If we cannot arrive at perfection, at all
events we see what is becoming.
Nor are we at present speaking of ourselves, but of eloquence, in
which we are so far from having a high opinion of our own proficiency,
that we are so hard to please and exacting, that even Demosthenes
himself does not satisfy us. For he, although he is eminent above all
men in every description of oratory, still he does not always satisfy
my ears; so greedy and capacious are they, and so unceasingly desiring
something vast and infinite. |
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But still, since you became thoroughly well acquainted with this
orator, in company with his devoted admirer Pammenes, when you were
at Athens, and as you never put him down out of your hands, though,
nevertheless, you are often reading my works, you see forsooth that he
accomplishes many things, and that we attempt many things;--that he
has the power, we the will to speak in whatever manner the cause
requires. But he was a great man, for he came after great men, and he
had consummate orators for his contemporaries. We should have done a
great deal if we had been able to arrive at the goal which we proposed
to ourselves in a city in which, as Antonius says, no eloquent man had
been ever heard before. But, if Crassus did not appear to Antonius to
be eloquent, or if he did not think he was so himself, certainly Cotta
would never have seemed so to him, nor Sulpicius, nor Hortensius.
For Cotta never said anything sublime, Sulpicius never said anything
gently, Hortensius seldom spoke with dignity. Those former men were
much more suited to every style; I mean Crassus and Antonius. We feel,
therefore, that the ears of the city were not much accustomed to this
varied kind of eloquence, and to an oratory so equally divided
among all sorts of styles. And we, such as we were, and however
insignificant were our attempts, were the first people to turn the
exceeding fondness of the people for listening to this kind of
eloquence.
What an outcry was there when, as quite a young man I uttered that
sentence about the punishment of parricides! and even a long time
afterwards we found that it had scarcely entirely worn off. "For what
is so common, as breath to living people, the earth to the dead, the
sea to people tossed about by the waves, or the shore to shipwrecked
mariners?--they live while they are let live, in such a way as to be
unable to breathe the air of heaven; they die so that their bones do
not touch the earth; they are tossed about by the waves without ever
being washed by them; and at last they are cast up by them in such a
manner, that when dead they are not allowed a resting-place even on
the rocks." And so on. For all this is the language of a young man,
extolled not on account of any real merit or maturity of judgment, as
for the hopes and expectations which he gave grounds for. From the
same turn of mind came that more polished invective,--"the wife of
her son-in-law; the mother-in-law of her son, the invader of her
daughter's bed." Not, however, that this ardour was always visible
in us, so as to make us say everything in this manner. For that very
juvenile exuberance of speech in defence of Roscius has many weak
passages in it, and some merry ones, such as also occur in the speech
for Avitus, for Cornelius, and many others. For no orator has ever,
even in the Greek language, written as many speeches as I have. And my
speeches have the variety which I so much approve of. |
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Should I permit Homer, and Ennius, and the rest of the poets,
and especially the tragic poets, to forbear displaying the same
vehemence on every occasion, and constantly to change their language,
and sometimes even to come near to the ordinary language of daily
conversation; and never myself descend from that fierce style of
vehement expression? But why do I cite poets of godlike genius? We
have seen actors, than whom nothing could be more admirable of their
kind, who have not only given great satisfaction in the representation
of the most different characters, and also in their own, but we have
seen even a comedian gain great applause in tragedies, and a tragedian
in comedies;--and shall not I attempt the same thing? When I say I, O
Brutus, I mean you also; for, as for myself, all that can be done has
been done. But will you plead every cause in the same manner, or are
there some kind of causes which you will reject? or will you employ
the same uninterrupted vehemence in the same causes without any
alteration?
Demosthenes, indeed, whose bust of brass I lately saw between the
images of yourself and your ancestors, (a proof, I suppose, of your
fondness for him,) when I was with you at your Tusculan villa, does
not yield at all to Lysias in acuteness, nor in shrewdness and
cleverness to Hyperides, nor in gentleness or brilliancy of language
to Aeschines. Many of his orations are very closely argued, as
that against Leptines; many are wholly dignified, as some of the
Philippics; many are of varied style, as those against Aeschines,
the one about the false embassy, and the one also, against the same
Aeschines in the cause of Ctesiphon. As often as he pleases he adopts
the middle style, and, departing from his dignified tone, he indulges
in that lower one. But when he raises the greatest outcry on the part
of his hearers, and makes the greatest impression by his speech, is
when he employs the topics of dignity.
However, let us leave Demosthenes for awhile, since it is a class that
we are inquiring about, and not an individual. Let us rather explain
the effect and nature of the thing; that is, of Eloquence. And let
us recollect what we have just said, that we are not going to say
anything for the sake of giving rules; but that we are going to speak
so as to be thought people expressing an opinion rather than teaching.
Though we often do advance further, because we see that you are not
the only person who will read this; you who, in fact, know all this
much better than we ourselves who appear to be teaching you; but it is
quite certain that this book will be extensively known, if not from
the recommendation which its being my work will give it, at all
events, because of its appearing under the sanction of your name, by
being dedicated to you. |
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I think, then, that it belongs to a perfectly eloquent man, not
only to have the ability, which is his peculiar province, of speaking
copiously and with the assertion of large principles, but also to
possess its neighbouring and contiguous science of dialectics:
although an oration appears one thing and a discussion another; nor is
talking the same thing as speaking; though each belongs to discussing.
Let then the system of discussing and talking belong to the logicians;
but let the province of the orators be to speak and to embellish their
speeches. Zeno, that great man, who founded the school of the Stoics,
was in the habit of showing with his hand what was the difference
between these arts; for when he had compressed his fingers and made a
fist, he said that dialectics were like that; but when he had opened
his fingers and expanded his hand, he said that eloquence was like
his open palm. And even before him Aristotle, in the beginning of
his Rhetoric, said, that the art of eloquence in one portion of it
corresponded to dialectics; so that they differ from one another in
this, that the system of speaking is more wide, that of talking more
contracted. I wish, then, that this consummate orator should be
acquainted with the entire system of talking, as far as it can be
applied to speaking; and that (as indeed you, who have a thorough
acquaintance with these arts, are well aware) has a twofold method of
teaching. For Aristotle himself has given many rules for arguing:
and those who followed him, and who are called dialecticians, have
delivered many very difficult rules. Therefore I think, that the man
who is tempted by the glory of eloquence, is not utterly ignorant
of those things; but that he has been brought up either in that old
school, or in the school of Chrysippus. Let him first acquaint himself
with the meaning and nature and classes of words, both single and
combined; then let him learn in how many ways each word is used; then
how it is decided, whether a thing is false or true; then what
results from each proposition; then to what argument each result is
a consequence, and to what it is contrary; and, as many things are
stated in an ambiguous manner, he must also learn how each of them
ought to be distinguished and explained. This is what must be acquired
by an orator; for those things are constantly occurring; but, because
they are in their own nature less attractive, it is desirable to
employ some brilliancy of eloquence in explaining them. |
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And since in all things which are taught in any regular method
and system, it is first of all necessary to settle what each thing is,
(unless it is agreed by those who are discussing the point, what the
thing really is which is being discussed; nor otherwise is it possible
to discuss anything properly, or ever to get to the end of the
discussion,) we must often have recourse to words to explain our
meaning about each thing; and we must facilitate the understanding of
an involved and obscure matter by definition; since definition is a
kind of speech which points out in the most concise possible manner
what that is which is the subject of discussion. Then, as you know,
when the genus of each thing has been explained, we must consider what
are the figures or divisions of that genus, so that our whole speech
may be arranged with reference to them.
This faculty, then, will exist in the eloquent man whom we are
endeavouring to describe, so that he shall be able to define a thing;
and shall do it in the same close and narrow terms which are commonly
employed in those very learned discussions; but he shall be more
explanatory and more copious, and he shall adopt his definition more
to the ordinary judgment and usual intelligence of mankind. And again,
when circumstances require it, he shall divide and arrange the whole
genus into certain species, so that none shall be omitted and none
be superfluous. But when he shall do this, or how, is nothing to
the present question; since, as I have said before, I am here only
expressing an opinion, not giving a lesson.
Nor, indeed, must he be learned only in dialectics, but he must have
all the topics of philosophy familiar to him and at his fingers' ends.
For nothing respecting religion, or death, or affection, or love for
one's country, or good fortune, or bad fortune, or virtues, or vices,
or duty, or pain, or pleasure, or the different motions of the mind,
or mistakes, all which topics frequently occur in causes, but are
treated usually in a very meagre manner, can be discussed and
explained in a dignified and lofty and copious manner without that
knowledge which I have mentioned. |
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I am speaking at present concerning the subject matter of a
speech, not about the kind of speaking requisite. For I would rather
that an orator should first have a subject to speak of worthy of
learned ears, before he considers in what words or in what manner he
is to speak of everything; and, in order to make him grander, and in
some sense loftier (as I have said above about Pericles,) I should
wish him not to be utterly ignorant of physical science; and then,
when he descends again from heavenly matters to human affairs, he will
have all his words and sentiments of a more sublime and magnificent
character: and while he is acquainted with those divine laws, I do not
wish him to be ignorant of those of men. He must be a master of civil
law, which forensic debates are in daily need of. For what is more
shameful than for a man to undertake the conduct of legal and civil
disputes, while ignorant of the statutes and of civil law? He must be
acquainted also with the history of past ages and the chronology of
old time, especially, indeed, as far as our own state is concerned;
but also he must know the history of despotic governments and of
illustrious monarchs; and that toil is made easier for us by the
labours of our friend Atticus, who has preserved and made known the
history of former times in such a way as to pass over nothing worth
knowing, and yet to comprise the annals of seven hundred years in one
book. For not to know what happened before one was born, is to be
a boy all one's life. For what is the life of a man unless by a
recollection of bygone transactions it is united to the times of
his predecessors? But the mention of antiquity and the citation of
examples give authority and credit to a speech, combined with the
greatest pleasure to the hearers. |
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Let him, therefore, come to his causes prepared in this kind of
way; and he will in the first place be acquainted with the different
kinds of causes. For he will be thoroughly aware that nothing can be
doubted except when either the fact or the language gives rise
to controversy. But the fact is doubted as to its truth, or its
propriety, or its name. Words give rise to dispute if they are
ambiguous or inconsistent. For it ever appears to be the case, that
one thing is meant and another expressed; then that is one kind of
ambiguity which arises from the words which are employed; and in this
we see that two things are meant, which is a property of all ambiguous
sentences.
As there are not many different kinds of causes, so also the rules for
arguments to be used in them are few. Two kinds of topics are given
from which they may be derived; one from the circumstances themselves,
the others assumed. The handling, then, of the matters themselves
makes the speech better; for the matters themselves are usually easy
to be acquainted with. For what remains afterwards, which at least
belongs to art, except to begin the speech in such a manner that the
hearer may be conciliated, or have his attention roused, or may be
made eager to learn? then after that to explain with brevity, and
probability, and clearness, so that it may be understood what is the
question under discussion; to establish his own arguments; to overturn
those of the opposite party; and to do all that, not in an irregular
and confused manner, but with separate arguments, concluded in such
a manner, that everything may be established which is a natural
consequence of those principles which are assumed for the confirmation
of each point: and after everything else is done, then to wind up with
a peroration which shall inflame or cool the hearers, as the case may
require.
Now, how the consummate orator handles each separate division of his
subject, it is hard to explain in this place; nor, indeed, are they
handled at all times in the same manner. But since I am not seeking a
pupil to teach, but a model to approve of, I will begin by praising
the man who sees what is becoming. For this is above all others the
wisdom which the eloquent man wants, namely--to be the regulator of
times and persons. For I do not think that a man ought to speak in the
same manner at all times, or before all people, or against every one,
or in defence of every one, or to every one. |
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He, then, will be an eloquent man who can adapt his speech to
whatever is becoming. And when he has settled that point, then he
will say everything as it ought to be said; nor will he speak of rich
subjects in a meagre manner, nor of great subjects in a petty manner,
and vice versa; but his oration will be equal to, and corresponding
to, his subject; his exordium will be moderate, not inflamed with
exaggerated expressions, but acute in its sentiments, either in the
way of exciting his hearers against his adversary, or in recommending
himself to them. His relations of facts will be credible, explained
clearly, not in historical language, but nearly in the tone of every
day conversation. Then if his cause is but a slight one, so also
will the thread of his argument be slight, both in asserting and in
refuting. And it will be maintained in such a way, that there will be
just as much force added to the speech as is added to the subject.
But when a cause offers in which all the force of eloquence can be
displayed, then the orator will give himself a wider scope, then he
will influence and sway men's minds, and will move them just as he
pleases, that is to say, just as the nature of the cause and the
occasion requires.
But all that admirable embellishment of his will be of a twofold
character; on account of which it is that eloquence gains such great
honour. For as every part of a speech ought to be admirable, so that
no word should be let drop by accident which is not either grave or
dignified; so also there are two parts of it which are especially
brilliant and lively: one of which I place in the question of the
universal genus, which (as I have said before) the Greeks call [Greek
Thesis]; the other is shown in amplifying and exaggerating matters,
and is called by the same people [Greek auxaesis]. And although that
ought to be spread equally over the whole body of the oration, still
it is most efficacious in dealing with common topics; which are called
common, because they appear to belong to many causes, but still ought
to be considered as peculiar to some individual ones.
But that division of a speech which refers to the universal genus
often contains whole causes; for whatever that is on which there is,
as it were, a contest and dispute, which in Greek is called [Greek
krinomenon], that ought to be expressed in such a manner that it may
be transferred to the general inquiry and be spoken of the whole
genus; except when a doubt is raised about the truth; which is
often endeavoured to be ascertained by conjecture. But it shall be
discussed, not in the fashion of the Peripatetics (for it is a very
elegant exercise of theirs, to which they are habituated ever since
the time of Aristotle), but with rather more vigour; and common topics
will be applied to the subject in such a manner, that many things will
be said gently in behalf of accused persons, and harshly against the
adversaries.
But in amplifying matters, and, on the other hand, in discarding them,
there is nothing which oratory cannot effect. And that must be done
amid the arguments, as often as any opportunity is afforded one,
of either amplifying or diminishing: and may be done to an almost
infinite extent in summing up. |
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There are two things, which, when well handled by an orator,
make eloquence admirable. One of which is, that which the Greeks call
[Greek: haethikon], adapted to men's natures, and manners, and to
all their habits of life; the other is, that which they call [Greek:
pathaetikon], by which men's minds are agitated and excited, which
is the especial province of oratory. The former one is courteous,
agreeable, suited to conciliate good-will; the latter is violent,
energetic, impetuous, by which causes are snatched out of the fire,
and when it is hurried on rapidly it cannot by any means be withstood.
And by the use of this kind of oratory we, who are but moderate
orators, or even less than that, but who have at all times displayed
great energy, have often driven our adversaries from every part of
their case. That most consummate orator, Hortensius, was unable to
reply to me, on behalf of one of his intimate friends; that most
audacious of men, Catiline, was dumb when impeached in the senate by
me. When Curio, the father, attempted in a private cause of grave
importance to reply to me, he suddenly sat down, and said, that he was
deprived of his memory by poison. Why need I speak of the topics used
to excite pity? which I have employed to the greater extent, because,
even if there were many of us employed in one cause, still all men at
all times yielded me the task of summing up; and it was owing not so
much to my ability as to my sensibility, that I appeared to excel so
much in that part. And those qualities of mine, of whatever sort they
are, and I am ashamed that they are not of a higher class, appear in
my speeches: although my books are without that energy, on account
of which those same speeches appear more excellent when they are
delivered than when they are read. |
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Nor is it by pity alone that it is desirable to move the
minds of the judges, (though we have been in the habit of using that
topic ourselves in so piteous a manner that we have even held an
infant child by the hand while summing up; and in another cause, when
a man of noble birth was on his trial, we lifted up his little son,
and filled the forum with wailing and lamentations;) but we must also
endeavour to cause the judge to be angry, to appease him to make him
feel ill-will, and favour, to move him to contempt or admiration, to
hatred or love, to inspire him with desire or disgust, with hope
or fear, with joy or pain; in all which variety the speeches of
prosecutors will supply instances of the sterner kinds, and my
speeches in defence will furnish examples of the softer ones. For
there is no means by which the mind of the hearer can be either
excited or softened, which has not been tried by me; I would say,
brought to perfection, if I thought it was the case; nor should I fear
the imputation of arrogance while speaking the truth. But, as I
have said before, it is not any particular force of genius, but an
exceeding energy of disposition which inflames me to such a degree
that I cannot restrain myself; nor would any one who listens to a
speech ever be inflamed, if the speech which reached his ears was not
itself a fiery one.
I would use examples from my own works if you had not read them; I
would use them from the works of others, if I could find any; or
Greek examples, if it were becoming to do so. But there are very few
speeches of Crassus extant, and those are not forensic speeches.
There is nothing extant of Antonius's, nothing of Cotta's, nothing of
Sulpicius's. Hortensius spoke better than he wrote. But we must form
our own opinions as to the value of this energy which we are looking
for, since we have no instance to produce; or if we are still on the
look out for examples, we must take them from Demosthenes, and we must
cite them from that passage in the speech on the trial of Ctesiphon,
where he ventures to speak of his own actions and counsels and
services to the republic. That oration in truth corresponds so much
to that idea which is implanted in our minds that no higher eloquence
need be looked for. |
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But now there remains to be considered the form and character
of the eloquence which we are searching for; and what it ought to be
like may be understood from what has been said above. For we have
touched upon the lights of words both single and combined, in which
the orator will abound so much that no expression which is not either
dignified or elegant will ever fall from his mouth. And there will be
frequent metaphors of every sort; because they, on account of their
resemblance to something else, move the minds of the hearers, and turn
them this way and that way; and the very agitation of thought when
operating in quick succession is a pleasure of itself.
And those other lights, if I may so call them, which are derived from
the arrangement of words, are a great ornament to a speech. For they
are like those things which are called decorations in the splendid
ornamenting of a theatre or a forum; not because they are the only
ornaments, but because they are the most excellent ones. The principle
is the same in the case of these things which are the lights, and as
one may say, the decorations of oratory: when words are repeated and
reiterated, or are put down with slight alterations; or when the
sentences are often commenced with the same word, or end with the same
word; or both begin and end alike; or when the same word occurs in the
same place in consecutive sentences; or when one word is repeated in
different senses; or when sentences end with similar sounds; or when
contrary circumstances are related in many contrary manners; or when
the speech proceeds by gradations; or when the conjunctions are taken
away and each member of the sentence is uttered unconnectedly; or when
we pass over some points and explain why we do so; or when we of our
own accord correct ourselves, as if we blamed ourselves; or if we use
any exclamation of admiration, or complaint; or when the same noun is
often repeated in different cases.
But the ornaments of sentiments are more important; and because
Demosthenes employs them very frequently, some people think that that
is the principal thing which makes his eloquence so admirable. And
indeed there is hardly any topic treated by him without a careful
arrangement of his sentences; nor indeed is speaking anything else
except illuminating all, or at least nearly all, one's sentences with
a kind of brilliancy: and as you are thoroughly aware of all this,
O Brutus, why need I quote names or instances. I only let the place
where they occur be noted. |
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If then that consummate orator whom we are looking for, should say
that he often treats one and the same thing in many different manners;
and dwells a long time on the same idea; and that he often extenuates
some point, and often turns something into ridicule; that he
occasionally appears to change his intention and vary his sentiments;
that he proposes beforehand the points which he wishes to prove; that
when he has completed his argument on any subject he terminates it;
that he often recals himself back, and repeats what he has already
said; that he winds up his arguments with fresh reasons; that he beats
down the adversary with questions; again, that he himself answers
questions which as it were he himself has put; that he sometimes
wishes to be understood as meaning something different from what he
says; that he often doubts what he had best say, or how he had best
say it; that he arranges what he has to say under different heads;
that he leaves out or neglects some points; while there are some
which he fortifies beforehand; that he often throws the blame on his
adversary for the very thing for which he himself is found fault with;
that he often appears to enter into deliberation with his hearers, and
sometimes even with his adversary; that he describes the conversation
and actions of men; that he introduces some dumb things, as speaking;
that he diverts men's minds from the subject under discussion; that he
often turns the discussion into mirth and laughter; that he sometimes
preoccupies ground which he sees is attached; that he adduces
comparisons; that he cites precedents; that he attributes one thing
to one person and another to another; that he checks any one who
interrupts him; that he says that he is keeping back something; that
he adds threatening warnings of what his hearers must beware of; that
he often takes a bolder licence; that he is sometimes even angry; that
he sometimes utters reproaches, deprecates calamity, uses the language
of supplication, and does away with unfavourable impressions; that he
sometimes departs a very little from his subject, to express wishes or
to utter execrations, or to make himself a friend of those men before
whom he is speaking.
He ought also to aim at other virtues, if I may so call them, in
speaking; at brevity, if the subject requires it. He will often, also,
by his speech, bring the matter before people's eyes; and often extol
it beyond what appears possible; his meaning will be often more
comprehensive than his speech; he will often assume a cheerful
language, and often give an imitation of life and nature. |
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In this kind of speaking, for you may look upon oratory as a vast
wood, all the importance of eloquence ought to shine forth. But these
qualities, unless they are well arranged and as it were built up
together and connected by suitable language, can never attain that
praise which we wish that it should.
And as I was aware that it would be necessary for me to speak on this
point next, although I was influenced by the considerations which
I had mentioned before, still I was more disturbed by those which
follow. For it occurred to me, that it was possible that men should be
found, I do not mean envious men, with whom all places are full, but
even favourers of my glory, who did not think that it became a man
with reference to whose services the senate had passed such favourable
votes with the approbation of the whole Roman people, as they never
did in the case of any one else, to write so many books about the
method of speaking. And if I were to give them no other answer than
that I was unwilling to refuse the request of Marcus Brutus, it would
be a reasonable excuse, as T might well wish to satisfy a man who was
my greatest friend and a most excellent man, and who only asked what
was right and honourable. But if I were to profess (what I wish that I
could) that I was about to give rules, and paths, as it were, to lead
to eloquence those who are inclined to study oratory, what man who set
a proper value on things would find fault with me? For who has ever
doubted that eloquence has at all times been of the very highest
estimation in our republic, among all the accomplishments of peace,
and of our domestic life in the city; and that next to it is the
knowledge of the law? and that the one had in it the greatest amount
of influence, and credit, and protection; and the other contains rules
for prosecutions and defence; and this latter would often of its own
accord beg for assistance from eloquence; but if it were refused,
would scarcely be able to maintain its own rights and territories.
Why then has it been at all times an honourable thing to teach civil
law, and why have the houses of the most eminent professors of this
science been at all times crowded with pupils? And yet if any one
attempts to excite people to the study of oratory, or to assist the
youth of the city in that pursuit, should he be blamed? For, if it be
a vicious thing to speak in an elegant manner, then let eloquence be
expelled altogether from the state. But if it not only is an ornament
to those who possess it, but the whole republic also, then why is it
discreditable to learn what it is honourable to know; of, why should
it be anything but glorious to teach what it is most excellent to be
acquainted with? |
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But the one is a, common study, and the other a novel one. I
admit that; but there is a reason for both these facts. For it was
sufficient to listen to the lawyers giving their answers, so that
they who acted as instructors set aside no particular time for that
purpose, but were at one and the same time satisfying the wants both
of their pupils and their clients. But the other men, as they devoted
all their time, when at home, to acquiring a correct understanding of
the causes entrusted to them, and arranging the arguments which they
were to employ; all their time when in the forum to pleading the
cause, and all the rest of their time in recruiting their own
strength; what time had they for giving rules or lessons? and I do not
know whether most of our orators have not excelled more in genius than
in learning; therefore, they have been able to speak better than they
could teach, while our ability is perhaps just the contrary.
But there is no dignity in teaching.--Certainly not, if it is done as
if one kept a school; but if a man teaches by warning, by exhorting,
by asking questions, by giving information, sometimes by reading with
his pupils and hearing them read, then I do not know, if by teaching
anything you can sometimes make men better, why you should be
unwilling to do it. Is it honourable to teach a man what are the
proper words to alienate consecrated property with, and not honourable
to teach him those by which consecrated property may be maintained and
defended?
"But," men say, "many people profess law who know nothing about it;
but even the very men who have acquired eloquence conceal their
attainment of it, because wisdom is a thing agreeable to men, but
eloquence is suspected by them." Is it possible then for eloquence to
escape notice, or does that which a man conceals cease to exist? Or is
there any danger of any one thinking with respect to an important and
glorious art that it is a discreditable thing to teach others that
which it was very honourable to himself to learn? But perhaps others
may be better hands at concealment; I have always openly avowed that I
have learnt the art. For what could I have done, having left my home
when very young, and crossed the sea for the sake of those studies;
and having had my house full of the most learned men, and when there
were perhaps some indications of learning in my conversation; and when
my writings were a good deal read; could I then have concealed the
fact of my having learnt it? How could I justify myself except by
showing that I had made some progress in those studies? |
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And as this is the case still, the things which have been
already mentioned, have had more dignity in the discussion of them
than those which have got to be discussed. For we are now to speak
about the arrangement of words, and almost about the counting and
measuring of syllables. And, although these things are, as it appears
to me, necessary, yet there is more show in the execution than in
the teaching of them. Now that is true of everything, but it has a
peculiar force with respect to this pursuit. For in the case of all
great arts, as in that of trees, it is the height which delights us,
but we take no pleasure in the roots or trunks; though the one cannot
exist without the other. But as for me, whether it is that that
well-known verse which forbids a man
"To fear to own the art he practises,"
does not allow me to conceal that I take delight in it; or whether it
is your eagerness which has extorted this volume from me; still it was
worth while to make a reply to those whom I suspected of being likely
to find fault with me.
But if the circumstances which I have mentioned had no existence,
still who would be so harsh and uncivilised as not to grant me this
indulgence, so that, when my forensic labours and my public exertions
were interrupted, I might devote my time to literature rather than to
inactivity of which I am incapable, or to melancholy which I resist?
For it was a love of letters which formerly led me into the courts of
justice and the senate-house, and which now delights me when I am at
home. Nor am I occupied only with such subjects as are contained in
this book, but with much more weighty and important, ones; and if
they are brought to perfection, then my private literary labours will
correspond to my forensic exertions. However, at present let us return
to the discussion we had commenced.
XLIV. Our words then must be arranged either so that the last may as
correctly as possible be consistent with the first, and also so that
our first expressions may be as agreeable as possible; or so that the
very form of our sentences and their neatness may be well rounded off;
or so that the whole period may end in a musical and suitable manner.
And, in the first place, let us consider what kind of thing that is
which above all things requires our diligence, so that a regular
structure as it were may be raised, and yet that this may be effected
without any labour. For the labour would be not only infinite, but
childish. As in Lucilius, Scaevola is represented as attacking Albucius
very sensibly:
"How neatly all your phrases are arranged;
Like tesselated pavement, or a box
Inlaid with deftly wrought mosaic."
The care taken in the construction must not be too visible. But still
a practised pen will easily perfect this manner of arranging its
phrases. For as the eye does in reading, so in speaking, the eye will
see beforehand what follows, so that the combination of the last words
of a sentence with the first may not leave the whole sentence either
gaping or harsh. For sentiments ever so agreeable or dignified offend
the ears if they are set down in ill-arranged sentences; for the
judgment of the ears is very fastidious. And the Latin language is so
particular on this point, that no one can be so ignorant as to leave
quantities of open vowels. Though this is a point on which men blame
Theopompus, because he was so ostentatious in his avoidance of such
letters, although his master Isocrates did the same; but Thucydides
did not; nor did that other far superior writer, Plato. And he did
this not only in those conversations which are called Dialogues, when
it ought to have been done designedly; but even in that oration[61]
addressed to the people, in which it is customary at Athens for those
men to be extolled who have been slain in fighting for their country.
And that oration was so greatly approved of that it was, as you know,
appointed to be recited every year; and in that there is a constant
succession of open vowels, which Demosthenes avoided in a great degree
as vicious. |
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However, the Greeks must judge of that matter for themselves. We
are not allowed to use our words in that manner, not even if we wish
to; and this is shown even by those unpolished speeches of Cato. It is
shown by all the poets except those who sometimes had recourse to a
hiatus in order to finish their verse; as Naevius--
"Vos, qui accolitis Istrum fluvium, atque Algidam."
And again--
"Quam nunquam vobis Graii atque Barbari."
But Ennius does so only once--
"Scipio invicte."
And we too have written,--
"Hinc motu radiantis Etesiae in vada ponti."
For our countrymen would not have endured the frequent use of such a
liberty, though the Greeks even praise it. But why should I talk about
vowels? even without counting vowels, they often used contractions for
the sake of brevity, so as to say--
Multi' modis for imdtis modis.
Vas' argenteis for vasis argenteis.
Palmi et crinibus for palmis et crinibus.
Tecti' fractis for tectis fractis.
And what would be a greater liberty than to contract even men's names,
so as to make them more suitable to verse? For as they contracted
_duellum_ into _bellum_, and _duis_ into _bis_, so they called
_Duellius_ (the man I mean who defeated the Carthaginians in a naval
action) _Bellius_, though his ancestors were always called _Duellii_.
Moreover, they often contract words, not in obedience to any
particular usage, but only to please the ear. For how was it that
Axilla was made Ala, except by the flight of the larger letter? and so
the elegant usage of Latin conversation takes this letter _x_ out of
_maxilla_, and _taxilla_, and _vexillum_, and _paxillum_.
They also joined words by uniting them at their pleasure; so as to
say--_sodes_ for _si audes_, _sis_ for _si vis_. And in this word
_capsis_ there are no less than three[62] words. So _ain_ for _aisne,
nequire_ for _non quire, malle_ for _magis velle, nolle_ for _son
velle_. And again, we often say _dein_ for _deinde_, and _exin_ for
_exinde_. Well, need I give any more instances? Cannot we see easily
from whence it arises that we say _cum illis_, but we do not say _cum
nobis_, but _nobiscum_? because if it were said in the other way, the
letters would clash in a discordant manner; as they would have clashed
a minute ago if I had not put _autem_ between them. This is the origin
of our saying _mecum_ and _tecum_, not _cum me_, and _cum te_, so that
they too might be like _nobiscum_ and _vobiscum_. |
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And some men find fault with all this; men who are rather late
in mending antiquity; for they wish us, instead of saying _Deûm atque
hominum fidem_, to say _Deorum_. Very likely it may be right, but were
our ancestors ignorant of all this, or was it usage that gave them
this liberty? Therefore the same poet who had used these uncommon
contractions--
"Patris mei mecûm factûm pudet," for meorum factorum,
and,
"Texitur: exitiûm examen rapit," for exitiorum,
does not say "_liberûm_" as many of us do say in such an expression as
_cupidos liberûm_, or in _liberûm loco_, but, as these men approve,
"Neque tuum unquam in gremium extollas liberorum ex te genus."
And again he says,--
"Namque aesculapi liberorum...."
And another of these poets says in his Chryses, not only
"Cives, antiqui amici majorum meûm,"
which was common enough; but he says, with a much more unmusical
sound,--
"Consiliûm, auguriûm, atque extûm interpretes."
And again he goes on--
"Postquam prodigiûm horriferûm, putentfûm pavos,"
which are not at all usual contractions in a string of words which are
all neuter. Nor should I much like to say _armûm judicium_, though the
expression occurs in that same poet,--
"Nihilne ad te de judicio armûm accidit?"
instead of _armorum_. But I do venture (following the language of the
censor's returns) to say _jabrûm_ and _procûm_, instead of _fabrorum_
and _procorum_. And I actually never by any chance say _duorum virorum
judicium_, or _triumvirorum capitalium_, or _decemvirorum litibus
judicandis_.
And Attius said--
"Video sepulchra dua duorum corporam."
And at another time he has said,--
"Mulier una duûm virûm."
I know which is proper; but sometimes I speak according to the licence
of the present fashion, so far as to say _Proh Deûm_, or _Proh
Deorum_; and at other times I speak as I am forced to, when I say
_trium virûm_, not _virorum_, and _sestertiûm nummûm_, not _nummorum_;
because with respect to these words there is no variety of usage. |
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What am I to say is the reason why they forbid us to say
_nôsse, judicâsse_, and enjoin us to use _novisse_ and _judicavisse_?
as if we did not know that in words of this kind it is quite correct
to use the word at full length, and quite in accordance with usage to
use it in its contracted form. And so Terence does use both forms, and
says,--
"Eho, tu cognatum tuum non nôras?"
And afterwards he has,--
"Stilphonem, inquam, noveras?"
_Siet_ is the word at full length; _sit_ is the contracted form. One
may use either; and so we find in the same passage,--
"Quam cara sint, quae post carendo intelligunt,
Quamque attinendi magni dominatus sient."
Nor should I find fault with
"Scripsere alii rem."
I am aware that _scripserunt_ is the more correct form; but I
willingly comply with a fashion which is agreeable to the ears.
"Idem campus habet,"
says Eunius; and in another place he has given us,--
"In templis îsdem;"
but _eisdem_ would be more regular; but yet it would not have been
so musical: and _iisdem_ would have sounded ill. But custom has
sanctioned our departing from strict rules for the sake of
euphony; and I should prefer saying _pomeridianas quadrigas_ to
_postmeridianas_, and _mehercule_ to _mehercules. Non scire_ already
appears a barbarism; _nescire_ is sweeter. The word _meridiem_ itself,
why is it not _medidiem_?
I suppose because it sounded worse. There is one preposition, _abs_,
which has now only an existence in account books; but in all other
conversation of every sort is changed: for we say _amovit_, and
_abegit_, and _abstulit_, so that you cannot now tell whether _ab_ is
the correct form or _abs_. What shall we say if even _abfugit_ has
seemed inadmissible, and if men have discarded _abfer_ and preferred
_aufer_? and that preposition is found in no word whatever except
these two verbs. There were the words _noti_, and _navi_, and _nari_,
and when _in_ was forced to be prefixed to them, it seemed more
musical to say _ignoti, ignavi, ignari_, than to adhere to the strict
rules. Men say _ex usu_ and _republicâ_, because in the one phrase a
vowel followed the preposition, and in the other there would have been
great harshness if you had not removed the consonant, as in _exegit,
edixit, effecit, extulit, edidit_. And sometimes the preposition has
sustained an alteration, regulated by the first letter of the verb to
which it is added, as _suffugit, summutavit, sustulit_. |
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What are we to say of compound words? How neat is it to
say _insipientem_, not _insapientem_; _iniquum_, not _incequum_;
_tricipitem_, not _tricapitem_; _concisum_, not concoesum! and,
because of this last instance, some people wish also to say
_pertisum_; but the same fashion which regulates the other changes,
has not sanctioned this one. But what can be more elegant than this,
which is not caused by nature, but by some regular usage?--we say
_inclytus_, with the first letter short; _insanus_, with the first
letter long; _inkumanus_, with a short letter; _infelix_, with a long
one: and, not to detain you with many examples, in those words in
which the first letters are those which occur in _sapiente_ and
_felice_, it is used long; in all others it is short. And so, too, we
have _composuit, consuevit, concrvpuit, confecit_. Consult the truth,
it will reprove you; refer the matter to your ears, they will sanction
the usage. Why so? Because they will say that that sound is the most
agreeable one to them; and an oration ought to consult that which
gives pleasure to the ears. Moreover, I myself, as I knew that our
ancestors spoke so as never to use an aspirate except before a vowel,
used to speak in this way: _pulcros, Cetegos, triumpos, Cartaginem_;
when at last, and after a long time, the truth was forced upon me by
the admonition of my own ears, I yielded to the people the right of
settling the rule of speaking; and was contented to reserve to myself
the knowledge of the proper rules and reasons for them. Still we say
_Orcivii_, and _Matones_ and _Otones, Coepiones, sepulchra, coronas,
lacrymas_, because that pronunciation is always sanctioned by the
judgment of our ears.
Ennius always used _Burrum_, never _Pyrrhum_: he says,--
"Vi patefecerunt Bruges;"
not _Phryges_; and so the old copies of his poems prove, for they had
no Greek letters in them. But now those words have two; and though
when they wanted to say _Phrygum_ and _Phrygibus_, it was absurd
either to use a Greek character in the barbarous cases only, or else
in the nominative case alone to speak Greek, still we say _Phrygum_
and _Phrygibus_ for the sake of harmonizing our ears. Moreover (at
present it would seem like the language of a ploughman, though
formerly it was a mark of politeness) our ancestors took away the last
letter of those words in which the two last letters were the same, as
they are in _optumus_, unless the next word began with a vowel. And
so they avoided offending the ear in their verse; as the modern poets
avoid it now in a different manner. For we used to say,--
"Qui est omnibu' princeps," not "omnibus princeps;"
and--
"Vitâ illâ, dignu' locoquc," not "dignus."
But if unlettered custom is such an artist of euphony, what must we
think is required by scientific art and systematic learning?
I have put all this more briefly than if I were discussing this matter
by itself; (for this topic is a very extensive one, concerning the use
and nature of words;) but still I have been more prolix than the plan
I originally proposed to myself required. |
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But because the choice of subjects and words is in the
department of prudence, but of sounds and rhythm it is the ears that
are the judges; because the one is referable to one's understanding,
the other only to one's pleasure; therefore in the one case it is
reason and in the other sensation that has been the inventor of the
system. For it was necessary for us either to disregard the pleasure
of those men by whom we wished to be approved of; or else it was
necessary to discover a system by which to gain their good-will.
There are then two things which soothe the ears; _sound_ and _rhythm_.
Concerning rhythm we will speak presently; at this moment we are
inquiring into sound. As I said before, words must be selected which
as much as possible shall sound well; but they must not be, like the
words of a poet, sought purely for sound, but taken from ordinary
language.
"Qua ponto a Helles"
is an extravagant expression; but
"Auratua aries Colehorum"
is a verse illuminated with splendid names. But the next verse is
polluted by ending with a most inharmonious letter;
"Frugifera et ferta arva Asiae tenet."
Let us therefore use the propriety of words of our own language,
rather than the brilliancy of the Greeks; unless perchance we are
ashamed of speaking in such a way as this--
"Quâ tempestate Paris Helenam,"
and the rest of that sentence. Let us, I say, pursue that plan and
avoid harshness of sound.
"Habeo istam ego perterricrepam....
Versutiloquas malitias."
Nor is it enough to have one's words arranged in a regular system, but
the terminations of the sentences must be carefully studied, since we
have said that that is a second sort of judgment of the ears. But the
harmonious end of a sentence depends on the arrangement itself, which
is so of its own accord, if I may so express myself, or on some
particular class of words in which there is a certain neatness; and
whether such words have cases the terminations of which are similar,
or whether one word is matched with another which resembles it, or
whether contrary words are opposed to one another, they are harmonious
of their own nature, even if nothing has been done on purpose. In the
pursuit of this sort of neatness Gorgias is reported to have been the
leader; and of this style there is an example in our speech in defence
of Milo: "For this law, O judges, is not a written one, but a natural
one, one which we have not learnt, or received from others, or
gathered from books; but which we have extracted, and pressed out,
and imbibed from nature itself; it is one in which we have not been
educated, but born; we have not been brought up in it, but imbued with
it. For these sentences are such that, because they are referred to
the principles to which they ought to be referred, we see plainly that
harmony was not the thing that was sought in them, but that which
followed of its own accord. And this is also the case when contraries
are opposed to one another; as those phrases are by which not only a
harmonious sentence, but even a verse is made.
"Eam, quam nihil accusas, damnas."
A man would say _condemnas_ if he wished to avoid making a verse.
"Bene quam meritam esse autumas, dicis male mereri.
Id, quod scis, prodest nihil; id, quod nescis, obest."
The very relation of the contrary effects makes a verse that would be
harmonious in a narration.
"Quod scis, nihil prodest; quod nescis, multum obest."
These things, which the Greeks call [Greek: antitheta], as in them
contraries are opposed to contraries, of sheer necessity produce
oratorical rhythm; and that too without any intention on the part of
the orator that they should do so.
This was a kind of speaking in which the ancients used to take
delight, even before the time of Isocrates; and especially Gorgias;
in whose orations his very neatness generally produces an harmonious
rhythm. We too frequently employ this style; as in the fourth book of
our impeachment of Verres:--"Compare this peace with that war; the
arrival of this praetor with the victory of that general; the debauched
retinue of this man, with the unconquerable army of the other; the
lust of this man with the continence of that one; and you will say
that Syracuse was founded by the man who in reality took it; and was
stormed by this one, who in reality received it in an admirable and
settled condition."
This sort of rhythm then must be well understood. |
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We must now explain that third kind of an harmonious and
well-arranged speech, and say of what character it is; and what sort
of ears those people have who do not understand its character, or
indeed what there is in them that is like men at all, I do not know.
My ears delight in a well-turned and properly finished period of
words, and they like conciseness, and disapprove of redundancy. Why
do I say my ears? I have often seen a whole assembly raise a shout of
approval at hearing a musical sentence. For men's ears expect that
sentences shall be strung together of well-arranged words. This was
not the case in the time of the ancients. And indeed it was nearly the
only thing in which they were deficient: for they selected their words
carefully, and they gave utterance to dignified and sweet sounding
ideas; but they paid little attention to arranging them or filling
them up. "This is what delights me," one of them would say. What are
we to say if an old primitive picture of few colours delights some men
more than this highly finished one? Why, I suppose, the style which
succeeds must be studied again; and this latter style repudiated.
People boast of the names of the ancients. But antiquity carries
authority with it in precedents, as old age does in the lives of
individuals; and it has indeed very great weight with me myself. Nor
am I more inclined to demand from antiquity that which it has not,
than to praise that which it has; especially as I consider what it has
as of more importance than what it has not. For there is more good in
well chosen words and ideas in which they excel, than in the rounding
off of phrases in which they fail. It is after their time that the
working up of the termination of a sentence has been introduced; which
I think that those ancients would have employed, if it had been known
and employed in their day; as since it has been introduced we see that
all great orators have employed it. |
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But it looks like envy when what we call "number," and the Greeks
[Greek: ruthmos] is said to be employed in judicial and forensic
oratory. For it appears like laying too many plots for the charming
of people's ears if rhythm is also aimed at by the orator in his
speeches. And relying on this argument those critics themselves utter
broken and abrupt sentences, and blame those men who deliver well
rounded and neatly turned discourses. If they blame them because their
words are ill adapted and their sentiments are trifling, they are
right; but if their arguments are sound, their language well chosen,
then why should they prefer a lame and halting oration to one which
keeps pace with the sentiments contained in it? For this rhythm which
they attack so has no other effect except to cause the speaker to
clothe his ideas in appropriate language; and that was done by the
ancients also, not unusually by accident, and often by nature; and
those speeches of theirs which are exceedingly praised, are so
generally because they are concisely expressed. And it is now near
four hundred years since this doctrine has been established among the
Greeks; we have only lately recognised it. Therefore was it allowable
for Ennius, despising the ancient examples, to say:--
"In verses such as once the Fauns
And ancient poets sang:"
and shall it not be allowed me to speak of the ancients in the same
manner? especially as I am not going to say, "Before this man ..." as
he did; nor to proceed as he did, "We have ventured to open ..." For I
have read and heard of some speakers whose orations were rounded off
in an almost perfect manner. And those who cannot do this are not
content with not being despised; they wish even to be praised for
their inability. But I do praise those men, and deservedly too, whose
imitators they profess to be; although I see something is wanting in
them. But these men I do not praise at all, who imitate nothing of the
others except their defects, and are as far removed as possible from
their good qualities.
But if their own ears are so uncivilised and barbarous, will not the
authority of even the most learned men influence them? I say nothing
of Isocrates, and his pupils Ephorus and Naucrates; although those men
who are themselves consummate orators ought also to be the highest
authorities on making and ornamenting a speech. But who of all men
was ever more learned, or more acute, or a more accurate judge of
the discovery of, or decision respecting all things than Aristotle?
Moreover, who ever took more pains to oppose Isocrates? Aristotle
then, while he warns us against letting verses occur in our speeches,
enjoins us to attend to rhythm. His pupil Theodectes, one of the most
polished of writers, (as Aristotle often intimates,) and a great
artist, both felt and enjoined the same thing. And Theophrastus is
more distinct still in laying down the same rule.
Who then can endure those men who do not agree with such authorities
as these? Unless indeed they are ignorant that they ever gave any such
rules. And if that is the case, (and I really believe it is,) what
then? Have they no senses of their own to be guided by? Have they no
natural idea of what is useless? None of what is harsh, cramped, lame,
or superfluous? When verses are being repeated, the whole theatre
raises an outcry if there is one syllable too few or too many.
Not that the mob knows anything about feet or metre; nor do they
understand what it is that offends them, or know why or in what it
offends them. But nevertheless nature herself has placed in our ears a
power of judging of all superfluous length and all undue shortness in
sounds, as much as of grave and acute syllables. |
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Do you wish then, O Brutus, that we should give a more accurate
explanation of this whole topic, than those men themselves have done
who have delivered these and other rules to us? Or may we be content
with those which have been delivered by them? But why do I ask whether
you wish this? when I know from your letters, written in a most
scholar-like spirit, that you wish for it above all things. First of
all, then, the origin of a well-adapted and rhythmical oration shall
be explained, then the cause of it, then its nature, and last of all
its use.
For they who admire Isocrates above all things, place this among his
very highest panegyrics, that he was the first person who added rhythm
to prose writing. For they say that, as he perceived that orators were
listened to with seriousness, but poets with pleasure, he then aimed
at rhythm so as to use it in his orations both for the sake of giving
pleasure, and also that variety of sound might prevent weariness. And
this is said by them in some degree correctly, but not wholly so. For
we must confess that no one was ever more thoroughly skilled in that
sort of learning than Isocrates; but still the original inventor of
rhythm was Thrasymachus; all whose writings are even too carefully
rhythmical. For, as I said a little while ago, the principle of things
like one another being placed side by side, sentence after sentence
being ended in a similar manner, and contraries being compared
with contraries, so that, even if one took no pains about it, most
sentences would end musically, was first discovered by Gorgias; but he
used it without any moderation. And that is, as I have said before
one of the three divisions of arrangement. Both of these men were
predecessors of Isocrates; so that it was in his moderation, not in
his invention, that he is superior to them. For he is more moderate in
the way in which he inverts or alters the sense of words; and also in
his attention to rhythm. But Gorgias is a more insatiable follower of
this system, and (even according to his own admission) abuses these
elegances in an unprecedented way; but Isocrates (who while a young
man had heard Gorgias when he was an old man in Thessaly) put all
these things under more restraint. Moreover he himself, as he advanced
in age, (and he lived nearly a hundred years,) relaxed in his ideas of
the exceeding necessity for rhythm; as he declares in that book which
he wrote to Philip of Macedon, when he was a very old man, in which he
says that he is less attentive to rhythm than he had formerly been.
And so he had corrected not only his predecessors, but himself also. |
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Since, then, we have those men whom we have mentioned as the
authors and originators of a well-adapted oration, and since its
origin has been thus explained, we must now seek for the cause.
And that is so evident, that I marvel that the ancients were not
influenced by it; especially when, as is often the case, they often by
chance made use of well-rounded and well-arranged periods. And when
they had produced their impression on the minds and ears of men, so as
to make it very plain that what chance had effected had been received
with pleasure, certainly they ought to have taken note of what had
been done, and have imitated themselves; for the ears, or the mind by
the report of the ears, contains in itself a natural measurement
of all sounds. That is how it distinguishes between long and short
sounds; and always watches for well-wrought and moderate periods. It
feels that some are mutilated and curtailed, as it were, and with
those it is offended, as if it were defrauded of its due; others it
feels to be too long, and running out to an immoderate length, and
those the ears reject even more than the first; for as in most cases,
so especially in this kind of thing, it happens that what is in excess
is much more offensive than that which errs on the side of deficiency.
As, therefore, poetry and verse was invented by the nicety of the ear,
and the careful observation of clever men; so it has been noticed in
oratory, much later, indeed, but still in deference to the promptings
of the same nature, that there are some certain rules and bounds,
within which words and paragraphs ought to be confined.
Since, therefore, we have thus shown the cause, we will now, if you
please, explain the nature of it; for that was the third division; and
that involves a discussion which has no reference to the original plan
of this treatise, but which belongs rather to the arcana of the art.
For the question may be asked, what is the rhythm of a speech; and
where it is placed; and in what it originates; and whether it is one
thing, or two, or more; and on what principles it is arranged; and for
what purpose; and how and in what part it is situated, and in what way
it is employed so as to give any pleasure.
But as in most cases, so also in this one, there are two ways of
looking at the question; one of which is longer, the other shorter,
and at the same time plainer. |
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But in the longer way the first question is, whether there
actually is any such thing as a rhythmical oration at all; (for some
persons do not think that there is, because there is not in oratory
any positive rule, as there is in verses, and because the people who
assert that there is that rhythm cannot give any reason why there is.)
In the next place, if there is rhythm in an oration, what sort of
rhythm it is; and whether it is of more than one kind; and whether it
consists of poetical rhythm, or of some other kind; and if it consists
of poetical rhythm, of which poetical rhythm, (for some think that
there is but one sort of poetical rhythm, while others think there are
many kinds.) In the next place, the question arises, whatever sorts of
rhythm there may be, whether one or more, whether they are common to
every kind of oratory, (since there is one kind used in narrating,
another kind in persuading, and another in teaching,) or whether the
different kinds are all adapted equally to every sort of oratory. If
the different kinds are common to each kind of oratory, what are they?
If there is a difference, then what is the difference, and why is the
rhythm less visible in a speech than in a verse? Besides, there is a
question whether what is rhythmical in a speech is made so solely by
rhythm, or also by some especial arrangement of words, or by the kind
of words employed; or whether each division has its component parts,
so that rhythm consists of intervals, arrangement of words, while the
character of the words themselves is visible being a sort of shape
and light of the speech; and whether arrangement is not the principal
thing of all, and whether it is not by that that rhythm is produced,
and those things which I have called the forms and light of a speech,
and which, as I have said, the Greeks call [Greek: schaemata]. But
that which is pleasant when uttered by the voice, and that which is
made perfect by careful regulation, and brilliant by the nature of the
words employed, are not one and the same thing, although they are both
akin to rhythm, because each is perfect of itself; but an arrangement
differs from both, and is wholly dependent on the dignity or sweetness
of the language employed.
These are the main questions which arise out of an inquiry into the
nature of oratory. |
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It is, then, not hard to know that there is a certain rhythm in a
speech: for the senses decide that. And it is absurd not to admit an
evident fact, merely because we cannot find out why it happens. And
verse itself was not invented by _Ã priori_ reasoning, but by nature
and the senses, and these last were taught by carefully digested
reason what was the fact; and accordingly it was the careful noticing
and observation of nature which produced art.
But in verses the matter is more evident. For although there are some
kinds of verse which, if they be not chanted, appear but little to
differ from prose; and this is especially the case in all the very
best of those poets who are called [Greek: lyriloi] by the Greeks;
for when you have stripped them of the singing, the language remains
almost naked. And some of our countrymen are like them. Like that line
in Thyestes:--
"Quemnam te esse dicam, qui tarda in senectute" ...
And so on; for except when the flute-player is at hand to accompany
them, those verses are very like prose. But the iambics of the common
poets are, on account of their likeness to ordinary conversation, very
often in such a very low style, that sometimes it is hardly possible
to discover any metre, or even rhythm in them. And it may easily be
understood that there is more difficulty in discovering the rhythm in
an oration than in verses.
Altogether there are two things which season oratory--the sweetness of
the language, and the sweetness of the rhythm. In the language is the
material, and in the rhythm the polish. But, as in other things,
the older inventions are the children of necessity rather than of
pleasure; so also has it happened in this, that oratory was for many
ages naked and unpolished, aiming only at expressing the meaning
conceived in the mind of the speaker, before any system of rhythm for
the sake of tickling the ears was invented. |
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Therefore Herodotus also, and his age, and the age preceding him,
had no idea of rhythm, except at times by chance, as it seems. And the
very ancient writers have left us no rules at all about rhythm, though
they have given us many precepts about oratory. For that which is the
more easy and the more necessary will always be the first thing
known. Therefore, words used in a metaphorical sense, or inverted, or
combined, were easily invented because they were derived from ordinary
use, and from daily conversation. But rhythm was not drawn from a
man's own house, nor had it any connexion of relationship to oratory.
And therefore it was later in being noticed and observed, bringing as
it did the last touch and lineaments to oratory. But if there is
one style of oratory narrow and concise, and another more vague and
diffuse, that must clearly be owing, not to the nature of letters,
but to the difference between long and short paragraphs; because an
oration made up and compounded of these two kinds is sometimes
steady, sometimes fluent, and so each character must be kept up by
corresponding rhythm. For that circuitous way of speaking, which we
have often mentioned already, goes on more impetuously, and hurries
along, until it can arrive at its end, and come to a stop. It is quite
plain, therefore, that oratory ought to be confined to rhythm, and
kept clear of metre.
But the next question is, whether this rhythm is poetical, or whether
it is of some other kind. There is, then, no rhythm whatever that
is not poetical; because the different kinds of rhythm are clearly
defined. For all rhythm is one of three kinds. For the foot which
is employed in rhythm is divided into three classes; so that it is
necessary that one part of the foot must be either equal to the other
part, or as large again, or half as large again. Accordingly, the
dactyl is of the first class, the paeon of the last, the iambic of the
second. And how is it possible to avoid such feet in an oration?
And then when they are arranged with due consideration rhythm is
unavoidably produced.
But the question arises, what rhythm is to be employed; either
absolutely, or in preference to others. But that every kind of rhythm
is at times suitable to oratory, may be seen from this,--that in
speaking we often make a verse without intending it, (which, however,
is a great fault, but we do not notice it, nor do we hear what we say
ourselves;) and as for iambics, whether regular or Hipponactean, those
we can scarcely avoid, for our common conversation often consists of
iambics. But still the hearer easily recognises those verses, for they
are the most usual ones. But at times we unintentionally let fall
others which are less usual, but which still are verses; and that is a
faulty style of oratory, and one which requires to be guarded against
with great care.
Hieronymus, a Peripatetic of the highest character, out of all the
numerous compositions of Isocrates, picked out about thirty verses,
chiefly iambics, but some also anapaests. And what can be worse?
Though in picking them out he acted in an unfair manner, for he took
away sometimes the first syllable in the first word of a sentence; and
again, he sometimes added to the last word the first syllable of the
following sentence. And in this way he made that sort of anapaest which
is called the Aristophanic anapaest. And such accidents as these
cannot be guarded against, nor do they signify. But still this critic,
in the very passage in which he finds this fault with him, (as I
noticed when I was examining his work very closely,) himself makes
an iambic without knowing it. This, then, may be considered as an
established point, that there is rhythm also in prose, and that
oratorical is the same as the poetical rhythm. |
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It remains, therefore, for us to consider what rhythm occurs
most naturally in a well-arranged oration. For some people think that
it is the iambic rhythm, because that is the most like a speech,
on which account it happens that it is most frequently employed in
fables, because of its resemblance to reality--because the dactylic
hexameter rhythm is better suited to a lofty and magniloquent subject
But Ephorus himself, an inconsiderable orator, though coming from an
excellent school, inclines to the paeon, or dactyl, but avoids the
spondee and trochee. For because the paeon has three short syllables
and the dactyl two, he thinks that the words come more trippingly
off on account of the shortness and rapidity of utterance of the
syllables; and that a contrary effect is produced by the spondee and
trochee, because the one consists of long syllables and the other of
short ones; so that a speech made up of the one is too much hurried,
it made up of the other is too slow; and neither is well, regulated.
But those accents are all in the wrong, and Ephorus is wholly in
fault. For those who pass over the paeon, do not perceive that a most
delicate, and at the same time most dignified rhythm is passed over by
them. But Aristotle's opinion is very different, for he considers that
the heroic rhythm is a grander one than is admissible in prose, and
that an iambic is too like ordinary conversation. Accordingly, he does
not approve of a style which is lowly and abject, or of one which is
too lofty and, as it were, on stilts: but still he wishes for one full
of dignity, in order to strike those who hear it with the greater
admiration. But he calls a trochee, which occupies the same time as a
choreus, [Greek: kordax], because its contracted and brief character
is devoid of dignity. Accordingly, he approves of the paeon; and says
that all men employ it, but that all men are not themselves aware when
they do employ it; and that there is a third or middle way between
those two, but that those feet are formed in such a way, that in every
one of them there is either a time, or a time and a half, or two
times. Therefore, those men of whom I have spoken have considered
convenience only, and disregarded dignity. For the iambic and the
dactyl are those which are most usually employed in verse; and,
therefore, as we avoid verses in making speeches, so also a recurrence
of these feet must be avoided. For oratory is a different thing from
poetry, nor are there any two things more contrary to one another than
that is to verses. But the paeon is that foot which, of all others, is
least adapted to verse, on which account oratory admits it the more
willingly. But Ephorus will not even admit that the spondee, which he
condemns, is equivalent to the dactyl, which he approves of. For he
thinks that feet ought to be measured by their syllables, not by their
quantity; and he does the same in regard to the trochee, which in its
quantity and times is equivalent to an iambic; but which is a fault in
an oration, if it be placed at the end, because a sentence ends better
with a long syllable.
And all this, which is also contained in Aristotle, is said by
Theophrastus and Theodectes about the paeon. But my opinion is, that
all feet ought to be jumbled together and confused, as it were, in an
oration; and that we could not escape blame if we were always to use
the same feet; because an oration ought to be neither metrical, like
a poem, nor inharmonious, like the conversation of the common people.
The one is so fettered by rules that it is manifest that it is
designedly arranged as we see it; the other is so loose as to appear
ordinary and vulgar; so that you are not pleased with the one, and you
hate the other.
Let oratory then be, as I have said above, mingled and regulated with
a regard to rhythm; not prosaic, nor on the other hand sacrificed
wholly to rhythm; composed chiefly of the paeon, (since that is the
opinion of the wisest author on the subject,) with many of the other
feet which he passes over intermingled with it. |
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But what feet ought to be mingled with others, like purple,
must be now explained; and we must also show to what kind of speech
each sort of foot and rhythm is the best adapted. For the iambic is
most frequent in those orations which are composed in a humble and
lowly style; but the paeon is suited to a more dignified style; and the
dactyl to both. Therefore, in a varied and long-continued speech these
feet should be mingled together and combined. And in this way the fact
of the orator aiming at pleasing the senses, and the careful attempt
to round off the speech, will be the less visible, and they will at
all times be less apparent if we employ dignified expressions and
sentiments. For the hearers observe these two things, and think them
agreeable: (I mean, expressions and sentiments.) And while they listen
to them with admiring minds, the rhythm escapes their notice; and even
if it were wholly wanting they would still be delighted with those
other things.
Nor indeed is the rhythm, I mean in a speech, (for the case as to
verse is very different,) so exacting that nothing may ever be
expressed except according to rule; for then it would be a poem. But
every oration which does not halt or if I may so say, fluctuate, and
which proceeds on with an equal and consistent pace, is considered
rhythmical. And it is considered rhythmical in the delivery; not
because it consists wholly of some regular rhythm; but because it
comes as near to a musical rhythm as possible: on which account it is
more difficult to make a speech than to make verses; because these
last have certain definite rules which it is necessary to follow; but,
in speaking, there is nothing settled, except that the speech must
not be intemperate, or too compressed, or prosaic, or too fluent.
Therefore there are no regular bars in it as a flute-player has; but
the whole principle and system of an oration is regulated by general
rules of universal application; and they are judged of on the
principle of pleasing the ear. |
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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. |
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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. |
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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. |
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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. |
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1 - 63
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. |
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1 - 64
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. |
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1 - 65
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. |
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1 - 66
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. |
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1 - 67
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. |
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1 - 68
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. |
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1 - 69
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. |
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1 - 70 0
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. |
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1 - 71
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. |
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2
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2 - 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. |
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2 - 1
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. |
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2 - 2
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_. |
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2 - 3
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." |
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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." |
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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." |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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." |
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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. |
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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. |
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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. |
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2 - 17
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. |
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2 - 18
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. |
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2 - 19
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. |
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2 - 20
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. |
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2 - 21
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." |
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2 - 22
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. |
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2 - 23
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. |
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2 - 24
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. |
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2 - 25
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. |
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2 - 26
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.
* * * * * |
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3
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3 - Introduction
The persons introduced in this dialogue are Cicero and his son. It is
not known when, or under what circumstances it was written. |
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3 - 1
Son 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.
Father 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.
Son 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?
Father 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.
Son Into how many parts is the whole system of speaking divided?
Father Into three.
Son What are they?
Father First of all, the power of the orator; secondly, the speech;
thirdly, the subject of the speech.
Son In what does the power of the orator consist?
Father 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.
Son What? How many parts of an oration are there?
Father 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.
Son What? Has the manner of inquiry any divisions?
Father It is divided into the infinite, which I term consultation;
and the definite, which I call the cause. |
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3 - 2
Son Since, then, the first business of the orator is
discovery, what is he to look for?
Father 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.
Son By what means is belief produced?
Father By arguments, which are derived from topics either existing in
the subject itself, or assumed.
Son What do you mean by topics?
Father Things in which arguments are concealed.
Son What is an argument?
Father Something discovered which has a probable influence in
producing belief.
Son How, then, do you divide these two heads?
Father Those things which come into the mind without art I call
remote arguments, such as testimony.
Son What do you mean by those topics which exist in the thing
itself?
Father I cannot give a clearer explanation of them.
Son What are the different kinds of testimony?
Father 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.
Son What are the arguments which you say belong to the cause?
Father 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. |
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3 - 3
Son Are we then to derive arguments from all these topics?
Father 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.
Son Since you have now answered me as to belief, I wish to hear
your account of how one is to raise feelings.
Father 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.
Son What, then, comes next?
Father 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.
Son How, then, do you explain them?
Father 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.
Son What have you then to say about the cause?
Father 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. |
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3 - 4
Son What objects shall the orator propose to himself in these
three kinds of oratory?
Father 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.
Son Why then do you choose this place to explain the different
kinds of disputes?
Father In order to adapt my principles of arrangement to the object
of each separate kind.
Son In what manner?
Father 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.
Son What? What is your aim in a deliberative speech?
Father 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.
Son What next? What is the proper arrangement in judicial
speeches?
Father 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. |
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3 - 5
Son 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.
Son Can we, then, always preserve that order of arrangement which
we desire to adopt?
Father 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.
Son Explain to me then now, what are the rules for the speech
itself, and for the expressions to be contained in it.
Father 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. |
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3 - 6
Son 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.
But there are these five lights, as it were, which are common to both
single words and combined expressions,--they must be clear, concise,
probable, intelligible, agreeable. Clearness is produced by common
words, appropriate, well arranged, in a well-rounded period: on the
other hand, obscurity is caused by either too great length, or a too
great contraction of the sentence; or by ambiguity; or by any misuse
or alteration of the ordinary sense of the words. But brevity is
produced by simple words, by speaking only once of each point, by
aiming at no one object except speaking clearly. But an oration is
probable, if it is not too highly decorated and polished; if there is
authority and thought in its expressions; if its sentiments are either
dignified, or else consistent with the opinions and customs of men.
But an oration is brilliant, if expressions are used which are chosen
with gravity, and used in metaphorical and hyperbolical senses; and if
it is also full of words suited to the circumstances, and reiterated,
and having the same sense, and not inconsistent with the subject under
discussion, and with the imitation of things: for this is one part of
an oration which almost brings the actual circumstances before our
eyes, for then the sense is most easily arrived at but still the other
senses also, and especially the mind itself, can be influenced by it.
But the things which have been said about a clear speech, all have
reference also to the brilliant one which we are now speaking of, for
this is only a kind somewhat more brilliant than that which I have
called clear. By one kind we are made to understand, but by the other
one we actually appear to see. But the kind of speaking which is
agreeable, consists first of all of an elegance and pleasantness of
sounding and sweet words, secondly, of a combination which has no
harsh unions of words, nor any disjoined and open vowels, and it must
also be bounded with limited periods, and in paragraphs easily to be
pronounced, and full of likeness and equality in the sentences. Then
again, arguments derived from contrary expressions must be added,
so that repetitions must answer to repetitions, like to like and
expressions must be added, repeated, redoubled, and even very
frequently reiterated, the construction of the sentences must at one
time be compacted by means of conjunctions, and at another relaxed by
separation of the clauses. For an oration becomes agreeable when you
say anything unexpected, or unheard of, or novel, for whatever excites
wonder gives pleasure. And that oration especially influences the
hearer which unites several affections of the mind, and which indicate
the amiable manners of the orator himself, which are represented
either by signifying his own opinion, and showing it to proceed from a
humane and liberal disposition, or by a turn in the language, when for
the sake either of extolling another or of disparaging himself, the
orator seems to say one thing and mean another, and that too seems to
be done out of courtesy rather than out of levity. But there are many
rules for sweetness in speaking, which may make a speech either more
obscure or less probable, therefore, while on this topic, we must
decide for ourselves what the cause requires. |
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3 - 7
Son It remains, then, now for you to speak of the alterations
and changes in a speech.
Father The whole of that, then, consists in the alteration of words,
and that alteration is managed in such a way in the case of single
words, that the style may either be dilated by words, or contracted.
It may be dilated, when a word which is either peculiar, or which
has the same signification, or which has been coined on purpose, is
extended by paraphrase. Or again, in another way, when a definition
is held down to a single word, or when expressions borrowed from
something else are banished, or made use of in a roundabout sense, or
when one word is made up out of two. But in compound words a threefold
change can be made, not of words, but only of order, so that when a
thing has once been said plainly, as nature itself prompts, the order
may be inverted, and the expression may be repeated, turned upside
down, as it were, or backwards and forwards. Then again the same
expression may be reiterated in a mutilated, or re arranged, form. But
the practice of speaking is very much occupied in all these kinds of
conversion.
Son The next point is action, if I do not mistake.
Father It is so, and that must be constantly varied by the orator,
in correspondence with the importance of his subjects and of his
expressions. For the orator makes an oration clear, and brilliant,
and probable, and agreeable, not only by his words, but also by the
variety of his tones, by the gestures of his body, by the changes of
his countenance, which will be of great weight if they harmonize with
the character of his address, and follow its energy and variety.
Son Is there nothing remaining to be said about the orator
himself?
Father Nothing at all, except as to memory, which is in a certain
manner the sister of writing, and though in a different class greatly
resembles it. For as it consists of the characters of letters, and of
that substance on which those characters are impressed, so a perfect
memory uses topics, as writing does wax, and on them arranges its
images as if they were letters. |
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3 - 8
Son Since, then, you have thus explained all the power of an
orator, what have you to tell me about the rules for an oration?
Father That there are four divisions in an oration, of which the
first and last are of avail to excite such and such feelings in the
mind, for they are to be excited by the openings and perorations of
speeches: the second is narration: and the third, being confirmation,
adds credibility to a speech. But although amplification has its own
proper place, being often in the opening of a speech, and almost
always at the end still it may be employed also in other parts of the
speech especially when any point has been established, or when the
orator has been finding fault with something. Therefore, it is of the
very greatest influence in producing belief. For amplification is a
sort of vehement argumentation; the one being used for the sake of
teaching, the other with the object of acting on the feelings.
Son Proceed, then, to explain to me these four divisions in
regular order.
Father I will do so; and I will begin with the opening of a speech,
which is usually derived either from the persons concerned, or from
the circumstances of the case. And openings are employed with three
combined objects, that we may be listened to with friendly feelings,
intelligently and attentively. And the first topic employed in
openings has reference to ourselves, to our judges, and to our
adversaries; from which we aim at laying the foundations of good-will
towards us, either by our own merits, or by our dignity, or by some
kind of virtue, and especially by the qualities of liberality, duty,
justice, and good faith; and also by imputing opposite qualities to
our adversaries, and by intimating that the judges themselves have
some interest on our side, either in existence, or in prospect. And if
any hatred has been excited against, or any offence been given by us,
we then apply ourselves to remove or diminish that, by denying or
extenuating the cause, or by atoning for it, or by deprecating
hostility.
But in order that we may be listened to in an intelligent and
attentive manner, we must begin with the circumstances of the case
themselves. But the hearer learns and understands what the real point
in dispute is most easily if you, from the first beginning of your
speech, embrace the whole genus and nature of the cause,--if you
define it, and divide it, and neither perplex his discernment by the
confusion, nor his memory by the multitude, of the several parts of
your discourse; and all the things which will presently be said about
lucid narration may also with propriety be considered as bearing on
this division too. But that we may be listened to with attention, we
must do one of these things. For we must advance some propositions
which are either important, or necessary, or connected with the
interests of those before whom the discussion is proceeding. This also
may be laid down as a rule, that, if ever the time itself, or the
facts of the case, or the place, or the intervention of any one,
or any interruption, or anything which may have been said by the
adversary, and especially in his peroration, has given us any
opportunity of saying anything well suited to the occasion, we must
on no account omit it. And many of the rules, which we give in their
proper place, about amplification, may be transferred here to the
consideration of the opening of a speech. |
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3 - 9
Son What next? What rules, then, are to be attended to in
narration?
Father Since narration is an explanation of facts, and a sort of base
and foundation for the establishment of belief, those rules are most
especially to be observed in it, which apply also, for the most part,
to the other divisions of speaking; part of which are necessary, and
part are assumed for the sake of embellishment. For it is necessary
for us to narrate events in a clear and probable manner; but we must
also attend to an agreeable style. Therefore, in order to narrating
with clearness, we must go back to those previous rules for explaining
and illustrating facts, in which brevity is enjoined and taught. And
brevity is one of the points most frequently praised in narration, and
we have already dwelt enough upon it. Again, our narrative will be
probable, if the things which are related are consistent with the
character of the persons concerned, with the times and places
mentioned,--if the cause of every fact and event is stated,--if they
appear to be proved by witnesses,--if they are in accordance with
the opinions and authority of men, with law, with custom, and with
religion,--if the honesty of the narrator is established, his candour,
his memory, the uniform truth of his conversation, and the integrity
of his life. Again, a narration is agreeable which contains subjects
calculated to excite admiration, expectation, unlooked-for results,
sudden feelings of the mind, conversations between people, grief,
anger, fear, joy, desires. However, let us proceed to what follows.
Son What follows is, I suppose, what relates to producing belief.
Father Just so; and those topics are divided into confirmation
and reprehension. For in confirmation we seek to establish our own
assertion; in reprehension, to invalidate those of our adversaries.
Since, then, everything which is ever the subject of a dispute, is so
because the question is raised whether it exists or not, or what it
is, or of what character it is, in the first question conjecture has
weight, in the second, definition, and in the third, reasoning. |
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3 - 10
Son I understand this division. At present, I ask, what are the
topics of conjecture?
Father They arise from probabilities, and turn wholly on the peculiar
characteristics of things. But for the sake of instructing you, I will
call that probable which is generally done in such and such a way as
it is probable that youth should be rather inclined to lust. But the
indication of an appropriate characteristic is something which never
happens in any other way, and which declares something which is
certain as smoke is a proof of fire. Probabilities are discovered
from the parts and, as it were, members of a narration. They exist in
persons, in places, in times, in facts, in events, in the nature of
the facts and circumstances which may be under discussion.
But in persons, the first things considered are the natural qualities
of health, figure, strength, age, and whether they are male or female.
And all these concern the body alone. But the qualities of the mind,
or how they are affected, depends on virtues, vices, arts, and want of
art, or in another sense, on desire, fear, pleasure, or annoyance. And
these are the natural circumstances which are principally considered.
In fortune, we look at a man's race, his friends, his children, his
relations, his kinsmen, his wealth, his honours, his power, his
estates, his freedom, and also at all the contraries to these
circumstances. But in respect of place, some things arise from nature
as, whether a place is on the coast or at a distance from the sea,
whether it is level or mountainous, whether it is smooth or rough,
wholesome or pestilential, shady or sunny, these again are fortuitous
circumstances,--whether a place is cultivated or uncultivated
frequented or deserted, full of houses or naked, obscure or ennobled
by the traces of mighty exploits, consecrated or profane. |
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3 - 11
But in respect of time, one distinguishes between the present, and
the past, and the future. And in these divisions there are the further
subdivisions of ancient, recent, immediate, likely to happen soon,
or likely to be very remote. In time there are also these other
divisions, which mark, as it were natural sections of time as winter,
spring, summer and autumn. Or again, the periods of the year: as
a month, a day, a night, an hour, a season, all these are natural
divisions. There are other accidental divisions such as days of
sacrifice, days of festival, weddings. Again, facts and events are
either designed or unintentional, and these last arise either from
pure accident, or from some agitation of mind, by accident when a
thing has happened in a different way from what was expected,--from
some agitation, when either forgetfulness, or mistake, or fear, or
some impulse of desire has been the acting cause. Necessity, too, must
be classed among the causes of unintentional actions or results.
Again, of good and bad things there are three classes. For they can
exist either in men's minds or bodies, or they may be external to both
of these materials, then, as far as they are subordinate to argument,
all the parts must be carefully turned over in the mind, and
conjectures bearing on the subject before us must be derived from each
part.
There is also another class of arguments which is derived from traces
of a fact, as a weapon, blood, an outcry which has been raised,
trepidation, changes of complexion, inconsistency of explanation,
trembling, or any of these circumstances which can be perceived by our
senses, or if anything appears to have been prepared, or communicated
to any one, or if anything has been seen or heard, or if any
information has been given.
But of probabilities some influence us separately by their own weight,
some, although they appear trifling by themselves, still, when all
collected together, have great influence. And in such probabilities as
these there are sometimes some unerring and peculiar distinguishing
characteristics of things. But what produces the surest belief in a
probability is, first of all, a similar instance, then the similarity
of the present case to that instance sometimes even a fable, though it
is an incredible one, has its influence, nevertheless, on men's minds. |
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3 - 12
Son What next? What is the principle of definition, and what
is the system of it?
Father There is no doubt but that definition belongs to the genus,
and is distinguishable by a certain peculiarity of the characteristics
which it mentions, or else by a number of common circumstances, from
which we may extract something which looks like a peculiar property.
But since there is often very great disagreement about what are
peculiar properties, we must often derive our definitions from
contraries, often from things dissimilar, often from things parallel.
Wherefore descriptions also are often suitable in this kind of
address, and an enumeration of consequences, and above all things, an
explanation of the names and terms employed, is most effectual.
Son You have now then explained nearly all the questions which
arise about a fact, or about the name given to such fact. The next
thing is, when the fact itself and its proper title are agreed upon,
that a doubt arises as to what its character is.
Father You are quite right.
Son What divisions, then, are there in this part of the argument?
Father One urges either that what has been done has been lawfully
done, for the sake either of warding off or of avenging an injury, or
under pretext of piety, or chastity, or religion, or one's country, or
else that it has been done through necessity, out of ignorance, or by
chance. For those things which have been done in consequence of some
motion or agitation of the mind, without any positive intention, have,
in legal proceedings, no defence if they are impeached, though they
may have an excuse if discussed on principles unfettered by strict
rules of law. In this class of discussion, in which the question is,
what the character of the act is, one inquires, in the terms of the
controversy, whether the act has been rightly and lawfully done or
not; and the discussion on these points turns on a definition of the
before-mentioned topics.
Son Since, then, you have divided the topics to give credit to an
oration into confirmation and reprehension, and since you have fully
discussed the one, explain to me now the subject of reprehension.
Father You must either deny the whole of what the adversary has
assumed in argumentation, if you can show it to be fictitious or
false, or you must refute what he has assumed as probable. First of
all, you must urge that he has taken what is doubtful as if it were
certain; in the next place, that the very same things might be said in
cases which were evidently false; and lastly, that these things which
he has assumed do not produce the consequences which he wishes to be
inferred from them. And you must attack his details, and by that means
break down his whole argument. Instances also must be brought forward
which were overruled in a similar discussion; and you must wind up
with the complaints of the condition of the general danger, if the
life of innocent men is exposed to the ingenuity of men devoted to
calumny. |
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3 - 13
Son Since I know now whence arguments can be derived which
have a tendency to create belief, I am waiting to hear how they are
severally to be handled in speaking.
Father You seem to be inquiring about argumentation, and as to how to
develop arguments.
Son That is the very thing that I want to know.
Father The development, then, of an argument is argumentation; and
that is when you assume things which are either certain or at least
probable, from which to derive a conclusion, which taken by itself is
doubtful, or at all events not very probable. But there are two kinds
of arguing, one of which aims directly at creating belief, the other
principally looks to exciting such and such feelings. It goes straight
on when it has proposed to itself something to prove, and assumed
grounds on which it may depend; and when these have been established,
it comes back to its original proposition, and concludes. But the
other kind of argumentation, proceeding as it were backwards and in an
inverse way, first of all assumes what it chooses, and confirms it;
and then, having excited the minds of the hearers, it throws on to the
end that which was its original object. But there is this variety, and
a distinction which is not disagreeable in arguing, as when we ask
something ourselves, or put questions, or express some command, or
some wish, as all these figures are a kind of embellishment to an
oration. But we shall be able to avoid too much sameness, if we do not
always begin with the proposition which we desire to establish, and if
we do not confirm each separate point by dwelling on it separately,
and if we are at times very brief in our explanation of what is
sufficiently clear, and if we do not consider it at all times
necessary to sum up and enumerate what results from these premises
when it is sufficiently clear. |
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3 - 14
Son What comes next? Is there any way or any respect in which
those things which are said to be devoid of art, and which you said
just now were accessories to the main argument, require art?
Father Indeed they do. Nor are they called devoid of art because
they really are so, but because it is not the art of the orator which
produces them, but they are brought to him from abroad, as it were,
and then he deals with them artistically; and this is especially the
case as to witnesses. For it is often necessary to speak of the whole
class of witnesses, and to show how weak it is; and to urge that
arguments refer to facts, testimony to inclination; and one must have
recourse to precedents of cases where witnesses were not believed;
and with respect to individual witnesses, if they are by nature vain,
trifling, discreditable, or if they have been influenced by hope, by
fear, by anger, by pity, by bribery, by interest; and they must be
compared with the authority of the witnesses in the case cited,
where the witnesses were not believed. Often, also, one must resist
examinations under torture, because many men, out of a desire to avoid
pain, have often told lies under torture; and have preferred dying
while confessing a falsehood to suffering pain while persisting
in their denial. Many men, also, have been indifferent to the
preservation of their own life, as long as they could save those who
were dearer to them than they were to themselves; others, owing to
the nature of their bodies, or to their being accustomed to pain,
or because they feared punishment and execution, have endured the
violence of torture; others, also, have told lies against those whom
they hated. And all these arguments are to be fortified by instances.
Nor is it at all uncertain that (since there are instances on both
sides of a question, and topics also for forming conjectures on both
sides) contrary arguments must be used in contrary cases. There is,
also, another method of disparaging witnesses, and examinations under
torture; for often those answers which have been given may be attacked
very cleverly, if they have been expressed rather ambiguously or
inconsistently, or with any incredible circumstances; or in different
ways by different witnesses. |
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3 - 15
Son The end of the oration remains to be spoken of by you; and
that is included in the peroration, which I wish to hear you explain?
Father The explanation of the peroration is easy; for it is divided
into two parts, amplification and enumeration. And the proper place
for amplification is in the peroration, and also in the course of
the oration there are opportunities of digressing for the purpose of
amplification, by corroborating or refuting something which has been
previously said. Amplification, then, is a kind of graver affirmation,
which by exciting feelings in the mind conciliates belief to one's
assertion. It is produced by the kind of words used, and by the
facts dwelt upon. Expressions are to be used which have a power of
illustrating the oration; yet such as are not unusual, but weighty,
full-sounding, sonorous, compound, well-invented, and well-applied,
not vulgar; borrowed from other subjects, and often metaphorical, not
consisting of single words, but dissolved into several clauses, which
are uttered without any conjunction between them, so as to appear more
numerous. Amplification is also obtained by repetition, by iteration,
by redoubling words, and by gradually rising from lower to loftier
language; and it must be altogether a natural and lively sort of
speech, made up of dignified language, well suited to give a high
idea of the subject spoken of. This then is amplification as far as
language goes. To the language there must be adapted expression
of tone, of countenance, and gesture, all in harmony together and
calculated to rouse the feelings of the hearers. But the cause must be
maintained both by language and action, and carried on according to
circumstances. For, because these appear very absurd when they are
more vehement than the subject will bear, we must diligently consider
what is becoming to each separate speaker, and in each separate case. |
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3 - 16
The amplification of facts is derived from all the same topics
as those arguments which are adduced to create belief. And above all
things, a number of accumulated definitions carries weight with it,
and a repeated assertion of consequents, and a comparison of contrary
and dissimilar facts, and of inconsistent circumstances. Causes too,
and those things which arise from causes, and especially similarities
and instances, are efficacious; so also are imaginary characters.
Lastly, mute things may be introduced as speaking, and altogether all
things are to be employed (if the cause will allow of them) which are
considered important; and important things are divisible into two
classes. For there are some things which seem important by nature,
and some by use. By nature, as heavenly and divine things, and those
things the causes of which are obscure, as those things which are
wonderful on the earth and in the world, from which and from things
resembling which, if you only take care, you will be able to draw
many arguments for amplifying the dignity of the cause which you
are advocating. By use; which appear to be of exceeding benefit or
exceeding injury to men; and of these there are three kinds suitable
for amplification.
For men are either moved by affection, for instance, by affections for
the gods, for their country, or for their parents; or by love, as for
their wives, their brothers, their children, or their friends; or by
honourableness, as by that of the virtues, and especially of those
virtues which tend to promote sociability among men, and liberality.
From them exhortations are derived to maintain them; and hatred is
excited against, and commiseration awakened for those by whom they are
violated. |
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3 - 17
It is a very proper occasion for having recourse to
amplification, when these advantages are either lost, or when there
is danger of losing them. For nothing is so pitiable as a man who has
become miserable after having been happy. And this is enough to move
us greatly, if any one falls from good fortune; and if he loses all
his friends; and if we have it briefly explained to us what great
happiness he is losing or has lost, and by what evils he is
overwhelmed, or is about to be overwhelmed. For tears soon dry,
especially at another's misfortunes. Nor is there anything which it is
less wise to exhaust than amplification. For all diligence attends to
minutiae; but this topic requires only what is on a large scale. Here
again is a matter for a man's judgment, what kind of amplification we
should employ in each cause. For in those causes which are embellished
for the sake of pleasing the hearers, those topics must be dealt
with, which can excite expectation, admiration, or pleasure. But in
exhortations the enumerations of instances of good and bad fortune,
and instances and precedents, are arguments of great weight. In trials
those topics are the most suitable for an accuser which tend to excite
anger; those are usually the most desirable for a person on his trial
which relate to raising pity. But some times the accuser ought to seek
to excite pity, and the advocate for the defence may aim at rousing
indignation.
Enumeration remains; a topic sometimes necessary to a panegyrist, not
often to one who is endeavouring to persuade; and more frequently to
a prosecutor than to a defendant. It has two turns, if you either
distrust the recollection of those men before whom you are pleading,
either on account of the length of time that has elapsed since the
circumstances of which you are speaking, or because of the length of
your speech; in this case your cause will have the more strength if
you bring up numberless corroborative arguments to strengthen your
speech, and explain them with brevity. And the defendant will have
less frequent occasion to use them, because he has to lay down
propositions which are contrary to them: and his defence will come out
best if it is brief, and full of pungent stings. But in enumeration,
it will be necessary to avoid letting it have the air of a childish
display of memory; and he will best avoid that fault who does not
recapitulate every trifle, but who touches on each particular briefly,
and dwells only on the more weighty and important points. |
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3 - 18
Son Since you have now discussed the orator himself and his
oration, explain to me now the topic of questions, which you reserved
for the last of the three.
Father There are, as I said at the beginning, two kinds of questions:
one of which, that which is limited to times and persons, I call the
cause; the other, which is infinite, and bounded neither by times nor
by persons, I call the proposition. But consultation is, as it were, a
part of the cause and controversy. For in the definite there is what
is infinite, and nevertheless everything is referred to it. Wherefore,
let us first speak of the proposition; of which there are two kinds:
one of investigation; the end of this science, as for instance,
whether the senses are to be depended upon; the other of action, which
has reference to doing something: as if any one were to inquire by
what services one ought to cultivate friendship. Again, of the former,
namely, of investigation, there are three kinds: whether a thing is,
or is not; what it is; of what sort it is. Whether it is or not, as
whether right is a thing existing by nature or by custom. But what
a thing is, as whether that is right which is advantageous to the
greater number. And again, what sort of a thing anything is, as
whether to live justly is useful or not.
But of action there are two kinds. One having reference to pursuing
or avoiding anything; as for instance, by what means you can acquire
glory, or how envy may be avoided. The other, which is referred to
some advantage or expediency; as how the republic ought to be managed,
or how a man ought to live in poverty.
But again in investigation, when the question is whether a thing is,
or is not, or has been, or is likely to be. One kind of question is,
whether anything can be effected; as when the question is whether any
one can be perfectly wise. Another question is, how each thing can
be effected; as for instance, by what means virtue is engendered, by
nature, or reason, or use. And of this kind are all those questions
in which, as in obscure subjects or those which turn on natural
philosophy, the causes and principles of things are explained. |
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3 - 19
But of that kind in which the question is what that is which is
the subject of discussion, there are two sorts; in the one of which
one must discuss whether one thing is the same as another, or
different from it; as whether pertinacity is the same as perseverance.
But in the other one must give a description and representation as it
were of some genus; as for instance, what sort of a man a miser is, or
what pride is.
But in the third kind, in which the question is what sort of thing
something is, we must speak either of its honesty, or of its utility,
or of its equity. Of its honesty thus. Whether it is honourable to
encounter danger or unpopularity for a friend. But of its expediency
thus. Whether it is expedient to occupy oneself in the conduct of
state affairs. But of its equity thus. Whether it is just to prefer
one's friend to one's relations. And in the same kind of discussion,
in which the question is what sort of thing something is, there arises
another kind of way of arguing. For the question is not simply what
is honourable, what is expedient, what is equitable; but also by
comparison, which is more honourable, which is more expedient, which
is more equitable; and even which is most honourable, which is
most expedient, which is most equitable. Of which kind are those
speculations, which is the most excellent dignity in life. And all
these questions, as I have said before, are parts of investigation.
There remains the question of action. One kind of which is conversant
with the giving of rules which relate to principles of duty; as, for
instance, how one's parents are to be reverenced. And the other to
tranquillising the minds of men and healing them by one's oration; as
in consoling affliction, in repressing ill-temper, in removing fear,
or in allaying covetousness. And this kind is exactly opposed to that
by means of which the speaker proposes to engender those same feelings
of the mind, or to excite them, which it is often requisite to do
in amplifying an oration. And these are nearly all the divisions of
consultation. XX. Son I understand you. But I should like to hear
from you what in these divisions is the proper system for discovering
and arranging the heads of one's discourse. |
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3 - 20
Father What? Do you think it is a different one, and not the same
which has been explained, so that everything may be deduced from the
same topics, both to create belief, and to discover arguments? But the
system of arrangement which has been explained as appropriate to other
kinds of speeches may be transferred to this also.
Since therefore we have now investigated the entire arrangement of the
consultations which we proposed to discuss, the kinds of causes are
now the principal things which remain. And their species is twofold;
one of which aims at affording gratification to the ears, while the
whole object of the other is to obtain, and prove, and effect
the purpose which it has in view. Therefore the former is called
embellishment, and as that may be a kind of extensive operation, and
sufficiently various, we have selected one instance of it which we
adopt for the purpose of praising illustrious men, and of vituperating
the wicked ones. For there is no kind of oration which can be either
more fertile in its topics, or more profitable to states, or in which
the orator is bound to have a more extensive acquaintance with virtues
and vices. But the other class of causes is conversant either with the
foresight of the future, or with discussions on the past. One of which
topics belongs to deliberation and the other to judgment. From which
division three kinds of causes have arisen; one, which, from the
best portion of it, is called that of panegyric; another that of
deliberation; the third that of judicial decisions. Wherefore let us
first, if you please, discuss the first.
Son Certainly, I do please. |
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3 - 21
Father And the systems of blaming and praising, which have
influence not only on speaking well but also on living honourably, I
will explain briefly; and I will begin from the first principles of
praise and blame. For everything is to be praised which is united with
virtue; and everything which is connected with vice is to be blamed.
Wherefore the end of the one is honour, of the other baseness. But
this kind of discourse is composed of the narration and explanation of
facts, without any argumentations, in a way calculated to handle the
feelings of the mind gently rather than to create belief or to confirm
it in a suitable manner. For they are not doubtful points which are
established in this way; but those which being certain, or at least
admitted as certain, are enlarged upon. Wherefore the rules for
narrating them and enlarging upon them must be sought for from among
those which have been already laid down.
And since in these causes the whole system has reference generally to
the pleasure and entertainment of the hearer, the speakers must employ
in them all the beauties of those separate expressions which have in
them the greatest amount of sweetness. That is, he must often use
newly-coined words, and old-fashioned words, and metaphorical
language; and in the very construction of his periods he must often
compare like with like, and parallel cases with parallel. He must
have recourse to contrasts, to repetitions, to harmoniously-turned
sentences, formed not like verses, but to gratify the sensations of
the ears by as it were a suitable moderation of expression. And those
ornaments are frequently to be employed, which are of a marvellous and
unexpected character, and also those which are full of monsters, and
prodigies, and oracles. And also those things must be mentioned which
appeared to have befallen the man of whom the orator is speaking in
consequence of some divine interposition, or decree of destiny. For
all the expectation and admiration of the hearer, and all unexpected
terminations, contribute to the pleasure which is felt in listening to
the orator. |
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3 - 22
But since advantages or evils are of three classes, external,
affecting the mind, or affecting the body, the first are external
which are derived from the genus; and this being praised in brief and
moderate terms, or, if it is discreditable, being passed over; if it
is of a lowly nature, being either passed over, or handled in such a
way as to increase the glory of him whom you are praising. In the next
place, if the case allows it, we must speak of his fortune and his
abilities, and after that of his personal qualifications; among which
it is very natural to praise his beauty, which is one of the greatest
indications of virtue. After that we must come to his actions. The
arrangement is threefold. For we must have regard either to the order
of time, or the most recent actions must be spoken of first, or else
many and various actions of his must be classified according to the
different kinds of virtue which they display. But this topic of
virtues and vices, which is a very extensive one, will now be brought
into a very brief and narrow compass, instead of the many and various
volumes in which philosophers have discussed it.
The power of virtue then is twofold, for virtue is distinguished
either by theory or by practice. For that which is called prudence,
or shrewdness, or (if we must have the most dignified title for it)
wisdom, is all theoretical. But that which is praised as regulating
the passions, and restraining the feelings of the mind, finds its
exercise in practice. And its name is temperance. And prudence when
exerted in a man's own business is called domestic, when displayed in
the affairs of the state is called civil prudence. But temperance in
like manner is divided according to its sphere of action, whether
displayed in a man's own affairs, or in those of the state. And it is
discerned in two ways with respect to advantages, both by not desiring
what it has not got, and by abstaining from what it is in its power to
get. Again, in the case of disadvantages it is also twofold; for that
quality which resists impending evils is called fortitude; that which
bears and endures the evil that is present is termed patience. And
that which embraces these two qualities is called magnanimity. And one
of the forms of this virtue is shown in the use of money. And at
the same time loftiness of spirit in supporting disadvantages, and
especially injuries, and everything of the sort, being grave, sedate,
and never turbulent. But that division of virtue which is exercised
between one being and another is called justice. And that when
exercised towards the gods is called religion; towards one's
relations, affection; towards all the world, goodness; when displayed
in things entrusted to one, good faith; as exhibited in moderation of
punishment, lenity; when it develops itself in goodwill towards an
individual its name is friendship. |
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3 - 23
And all these virtues are visible in practice. But there are
others, which are as it were the handmaidens and companions of wisdom;
one of which distinguishes between and decides what arguments in a
discussion are true or false, and what follows from what premises. And
this virtue is wholly placed in the system and theory of arguing; but
the other virtue belongs to the orator. For eloquence is nothing but
wisdom speaking with great copiousness; and while derived from the
same source as that which is displayed in disputing, is more rich, and
of wider application, better suited to excite the minds of men and to
work on the feelings of the common people. But the guardian of all
the virtues, which avoids all conspicuousness, and yet attains the
greatest eminence of praise, is modesty. And these are for the most
part certain habits of mind, so affected and disposed as to be each of
them distinguished from one another by some peculiar kind of virtue;
and according as everything is done by one of them, in the same
proportion must it be honourable and in the highest degree
praiseworthy. But there are other habits also of a well-instructed
mind which has been cultivated beforehand as it were, and prepared for
virtue by virtuous pursuits and accomplishments: as in a man's private
affairs, the studies of literature, as of tunes and sounds, of
measurement, of the stars, of horses, of hunting, of arms. In the
affairs of the commonwealth his eager pursuit of some particular kind
of virtue, which he selects as his especial object of devotion, in
discharging his duty to the gods, or in showing careful and remarkable
affection to his relations, his friends, or those connected with
family ties of hospitality. And these then are the different kinds of
virtue. But those of vice are their exact contraries.
But these also must be examined carefully, so that those vices may not
deceive us which appear to imitate virtue. For cunning tries to assume
the character of prudence, and moroseness, in despising pleasures,
wishes to be taken for temperance; and pride, which puffs a man up,
and which affects to despise legitimate honours, seeks to vaunt itself
as magnanimity; prodigality calls itself liberality, audacity imitates
courage, hardhearted sternness imitates patience, bitterness justice,
superstition religion, weakness of mind lenity, timidity modesty,
captiousness and carping at words wishes to pass for acuteness in
arguing, and an empty fluency of language for this oratorical vigour
at which we are aiming. And those, too, appear akin to virtuous
pursuits, which run to excess in the same class.
Wherefore all the force of praise or blame must be derived from these
divisions of virtues and vices. But in the whole context, as it were,
of the oration, these points must above all others be made clear,--how
each person spoken of has been born, how he has been educated, how
he has been trained, and what are his habits; and if any great or
surprising thing has happened to any one, especially if anything which
has happened should appear to have befallen him by the interposition
of the gods; and also whatever the person in question has thought, or
said, or done, must be adapted to the different kinds of virtue which
have been enumerated, and from the same topics we must inquire into
the causes of things, and the events, and the consequences. Nor ought
the death of those men, whose life is praised, to be passed over in
silence; provided only, there be anything noticeable either in the
manner of their death, or in the consequences which have resulted from
their death. |
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3 - 24
Son I have attended to what you say, and I have learnt
briefly, not only how to praise another, but also how to endeavour to
deserve to be praised myself. Let us, then, consider in the next
place what system and what rules we are to observe in delivering our
sentiments.
Father In deliberation, then, the end aimed at is utility, to which
everything is referred in giving counsel, and in delivering our
sentiments, so that the first thing which requires to be noticed by
any one who is advising or dissuading from such and such a course of
action is what is possible to be done, or what is impossible; or what
is necessary to be done, or what is unnecessary. For if a thing be
impossible there is no use in deliberating about it, however desirable
it may be; and if a thing be necessary, (when I say necessary, I mean
such that without it we cannot be safe or free), then that must
be preferred to everything else which is either honourable or
advantageous in public affairs. But when the question is, What can be
done? we must also consider how easily it can be done: for the things
which are very difficult are often to be considered in the same
light as if they were totally impossible. And when we are discussing
necessity, although there may be something which is not absolutely
necessary, still we must consider of how much importance it is. For
that which is of very great importance indeed, is often considered
necessary. Therefore, as this kind of cause consists of persuasion and
dissuasion, the speaker who is trying to persuade, has a simple course
before him; if a thing is both advantageous and possible, let it be
done. The speaker who is trying to dissuade his hearers from some
course of action, has a twofold division of his labour. One, if it is
not useful it must not be done; the other, if it is impossible it must
not be undertaken. And so, the speaker who is trying to persuade must
establish both these points; the one whose object it is to dissuade,
may be content with invalidating either.
Since, then, all deliberation turns on these two points, let us first
speak of utility, which is conversant about the distinction between
advantages and disadvantages. But of advantages, some are necessarily
such; as life, chastity, liberty, or as children, wives, relations,
parents; and some are not necessarily such; and of these last, some
are to be sought for their own sakes, as those which are classed among
the duties or virtues, and others are to be desired because they
produce some advantage, as riches and influence. But of those
advantages which are sought for their own sake, some are sought for
their honourableness, some for their convenience, which is inherent
in them: those are sought for their honourableness which proceed from
those virtues which have been mentioned a little while ago, which are
intrinsically praiseworthy on their own account; but those are sought
on account of some inherent advantage which are desirable as to goods
of fortune or of the body: some of which are to a certain extent
combined with honourableness, as honour, and glory; some have no
connexion with that, as strength, beauty, health, nobleness, riches,
troops of dependents. There is also a certain sort of matter, as
it were, which is subordinate to what is honourable, which is most
particularly visible in friendship. But friendships are seen in
affection and in love. For regard for the gods, and for our parents,
and for our country, and for those men who are eminent for wisdom or
power, is usually referred to affection; but wives, and children,
and brothers, and others whom habit and intimacy has united with us,
although they are bound to us by affection, yet the principal tie
is love. As, then, you know now what is good in these things, it is
easily to be understood what are the contrary qualities. |
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3 - 25
But if we were able always to preserve what is best, we should
not have much need of deliberation, since that is usually very
evident. But because it often happens on account of some peculiarity
in the times, which has great weight, that expediency is at variance
with what is honourable, and since the comparison of the two
principles gives rise to deliberation, lest we should either pass over
what is seasonable, on account of some considerations of dignity, or
what is honourable on account of some idea of expediency, we may give
examples to guide us in explaining this difficulty. And since an
oration must be adapted not only to truth, but also to the opinions of
the hearers, let us first consider this, that there are two kinds of
men: one of them unlettered and rustic, always preferring what is
expedient to what is honourable; the other, accomplished and polite,
preferring dignity to everything. Therefore, the one class sets its
heart upon, praise, honour, glory, good faith, justice, and every
virtue; but the other regards only gain, emolument, and profit. And
even pleasure, which is above all things hostile to virtue, and which
adulterates the nature of what is good by a treacherous imitation of
it, which all men of grosser ideas eagerly follow, and which prefers
that spurious copy, not only to what is honourable, but even to what
is necessary, must often be praised in a speech aiming at persuasion,
when you are giving counsel to men of that sort. |
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3 - 26
This also must be considered, how much greater eagerness men
display in fleeing from what is disadvantageous, than in seeking what
is advantageous; for they are in the same manner not so zealous in
seeking what is honourable, as in avoiding what is base. For who
ever seeks for honour, or glory, or praise, or any kind of credit as
earnestly as he flees from ignominy, infamy, contumely, and disgrace?
For these things are attended with great pain. There is a class of
men born for honour, not corrupted by evil training and perverted
opinions--on which account, when exhorting or persuading, we must keep
in view the object of teaching them by what means we may be able to
arrive at what is good, and to avoid what is evil. But before men who
have been properly brought up we shall dwell chiefly on praise and
honourableness, and speak chiefly of those kinds of virtues which are
concerned in maintaining and increasing the general advantage of men.
But if we are speaking before uneducated and ignorant men, then we
shall set before them profits, emoluments, pleasures, and the means
of escaping pain; we shall also introduce the mention of insult and
ignominy; for no one is such a clown, as not (even though honour
itself may have no influence on him) to be greatly moved by insult and
disgrace.
Wherefore we must find out from what has been already said, what has
reference to utility; but as to what is possible to be done or not,
with reference to which people usually inquire also how easily a thing
can be done, and how far it is desirable that it should be done, we
must consider chiefly with reference to those causes which produce
each separate result. For there are some causes which of themselves
produce results, and some which only contribute to the production of a
result. Therefore, the first are called efficient causes; and the
last are classed as such, that without them a thing cannot be brought
about. Again, of efficient causes, some are complete and perfect in
themselves; some are accessory to, and, as it were, partners in the
production of the result in question. And of this kind the effect is
very much diversified, being sometimes greater or less; so that which
is the most efficacious is often called the only cause, though it is
in reality but the main one. There are also other causes which, either
on account of their origin or on account of their result, are called
efficient causes. But when the question is, what is best to be done,
then it is either utility or the hope of doing it which urges men's
minds to agree with the speaker. And since we have now said enough
about utility, let us speak of the means of effecting it. |
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3 - 27
And on this point of the subject we must consider with whom,
and against whom, and at what time, and in what place we are to do
such and such a thing, also what means of arms, money, allies, or
those other things which relate to the doing of any particular thing
we have it in our power to employ. Nor must we consider only
those means which we have, but those circumstances also which
are unfavourable to us. And if in the comparison the advantages
preponderate, then we must persuade our hearers, not only that what we
are advising can be effected, but we must also take care that it shall
appear easy, manageable, and agreeable. But if we are dissuading from
any particular course, then we must either disparage the utility of
it, or we must make the most of the difficulties of doing it, not
having recourse to other rules, but to the same topics as are
used when trying to persuade our hearers to anything. And whether
persuading or dissuading, the speaker must have a store of precedents,
either modern, which will be the best known, or ancient, which will
perhaps have the most weight. And in this kind of discourse he must
consider how he may be able often to make what is useful or necessary
appear superior to what is honourable, or _vice versâ_. But sentiments
of this kind will have great weight in influencing men's minds, (if it
is desirable to make an impression on them,) which relate either to
the gratification of people's desires, or to the glutting of hatred,
or to the avenging of injury. But if the object is to repress the
feelings of the hearers, then they must be reminded of the uncertainty
of fortune, of the doubtfulness of future events, and of the risk
there may be of retaining their existing fortune, if it is good; and
on the other hand, of the danger of its lasting if it is bad. And
these are topics for a peroration. But in expressing one's opinions,
the opening ought to be short, for the orator does not come forth as a
suppliant, as if he were speaking before a judge, but as an exhorter
and adviser. Wherefore, he ought to settle beforehand with what
intention he is going to speak, what his object is, what the subject
of his discourse is to be, and he ought to exhort his hearers to
listen to him while he detains them but a short time. And the whole of
his oration ought to be simple, and dignified, and embellished rather
by its sentiments than by its expressions. |
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3 - 28
_C.F._ I understand the topics of panegyric and persuasion.
Now I am waiting to hear what is suited to judicial oratory, and I
think that that is the only subject remaining.
_C.P._ You are quite right. And of that kind of oratory the object is
equity, which is regarded, not in a single point of view only, but
very often by a sort of comparison: as when there is a dispute as to
who is the most appropriate prosecutor; or when the possession of an
inheritance is sought for without any express law, or without any
will. In which causes the question is, which alternative is the more
equitable or which is most equitable. And for these causes a supply of
arguments is sought for out of those topics of equity which will be
mentioned presently. And even before the decision is given, there is
often a dispute about the constitution of the bench of judges, when
the question is either whether the person who brings the action has a
right of action, or whether he has it at the present time, or whether
he has ceased to have it, or whether the action ought to be brought
under the provisions of this law, or according to that formula. And
if these points are not discussed, or settled, or decided, before the
case is brought into court, still they often have very great weight
even at the trial itself, when the case is stated in this way:--"You
demanded too much; you demanded it too late; it was not your business
to make such a demand at all; you ought not to have demanded it of me;
or you ought not to have done so under this law, or in accordance with
this formula, or in this court." And this class of cases belongs
to civil law, which depends on laws respecting public and private
affairs, or on precedent; and the knowledge of it seems to have been
neglected by most orators, but to us it appears very necessary for
speaking. Wherefore, as to arranging the right of action, as to
accepting or standing a trial, as to demurring to the illegality of
a proceeding, as to comparisons of justice, all which topics usually
belong to this class of oration, so that although they often get mixed
up with the judicial proceedings, still they appear to deserve to be
discussed separately; and therefore I separate them a little from the
judicial proceedings, more, however, as to the time at which they are
to be introduced into the discussion, than from any real diversity of
character. For all discussions which are introduced about civil law,
or about what is just and good, belong to that sort of discussion in
which we doubt what sort of thing such and such a thing which we are
going to mention is. And this question turns chiefly on equity and
right. |
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3 - 29
In all causes, then, there are three degrees, of which one at
least is to be taken for the purposes of defence, if you are limited
to one. For you must either take your stand in denying that the act
imputed to you has been done at all, or in denying that that which you
admit to have been done has the effect which, and is of the character
which, the adversary asserts. Or if there can be no doubt as to the
action, or the proper name of the action, then you must deny that what
you are accused of is such as he states it to be; and you must urge
in your defence that what you have done must be admitted to be right.
Accordingly, the first objection,--the first point of conflict with
the adversary, as I may call it, depends on a kind of conjecture; the
second, on a kind of definition, or description, or notion of the
word; but the third plea is to be maintained by a discussion on
equity, and truth, and right, and on the becomingness to man of a
disposition inclined to pardon. And since he who defends ought
not always to resist the accuser by some objection, or denial, or
definition, or opposite principles of equity, but should also at times
advance general principles on which he founds his defence, the first
kind of objection has in it the principle of asserting the charge to
be unjust, an absolute denial of the fact; the second urges that the
definition given by the adversary does not apply to the action in
question the third consists in the advocate defending the action as
having been rightly done, without raising any dispute as to the name
of it.
In the next place, the accuser must oppose to every argument that,
which if it were not in the accusation, would prevent, there being any
cause at all. Therefore, those arguments which are brought forward in
that way, are said to be the foundations of causes, although those
which are brought forward in opposition to the plan of the defence,
are no more so in reality than the principles of the defence
themselves; but for the sake of distinction, we call that a reason
which is urged by the party on his trial in the way of demurrer for
the sake of repelling an accusation; and unless he had such a refuge
he would have nothing to allege by way of defence: but the foundation
of his defence is that which is alleged by way of undermining the
arguments of the adversary, without which the accusation can have no
ground to stand upon. |
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3 - 30
But from the meeting and conflict, as it were, of the reasons
and of the corroborative proofs, a question arises, which I call a
dispute, in which the question is, what is the question before the
court, and what the dispute is about. For the first point which
the adversaries contend for implies an inquiry of large extent in
conjecture: as "Whether Decius has received the money;" in definition,
as "Whether Norbanus has committed treason against the people;" in
justice, as "Whether Opimius slew Gracchus lawfully." These questions
which come into conflict first by arguing and resisting, are, as I
have said, of wide extent and doubtful meaning. The comparison of the
arguments and corroborative proofs narrows the question in dispute. In
conjecture there is no dispute at all. For no one either can, or ought
to, or is accustomed to, give a reason for an act which he asserts
never took place. Therefore, in these causes the original question and
the ultimate dispute are one and the same thing. But in them, when the
assertion is advanced, "He did not commit treason in proceeding to
violent measures in respect to Caepio; for it was the first indignation
of the Roman people that prompted that violent conduct, and not the
conduct of the tribune: and the majesty, since it is identical
with the greatness of the Roman people, was rather increased than
diminished by retaining that man in power and office." And when the
reply is, "Majesty consists of the dignity of the empire and name of
the Roman people, which that man impairs, who excites sedition by
appealing to the violent passions of the multitude;" then comes the
dispute, Whether his conduct was calculated to impair that majesty,
who acted upon the inclinations of the roman people, so as to do a
thing which was both just and acceptable to them by means of violence.
But in such causes as these, when it is alleged in defence of the
accused party that something has been rightly done, or when it must be
admitted that it has been done, while the principle of the act is open
to discussion: as in the case of Opimius, "I did it lawfully, for the
sake of preserving the general safety and the republic;" and when
Decius replies, "You had no power or right to slay even the wickedest
of the citizens without a trial." Then arises the dispute, "Had
Opimius lawfully the power, for the sake of the safety of the
republic, to put to death a citizen who was overturning the republic,
without his being condemned?" And so those disputes which arise in
these controversies which are marked out by certain persons and times
become gradually infinite, and after the times and persons are put out
of the question, are again reduced to the form and rules under which
their merits can be discussed. |
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3 - 31
But in corroborative arguments of the most important character,
those points must also be established which can be opposed to the
defence, being derived either from the letter of the law, or of
a will, or from the language of a judicial decision, or of a
stipulation, or of a covenant. And even this kind has no connexion
with those causes which depend upon conjecture. For when an action is
denied altogether, it cannot be impeached by reference to the letter
of the law. It does not even come under definition, as to the
character of the letter of the law itself. For although some
expression or other is to be defined by reference to the letter of the
law, so as to be sure what meaning it has: as when the question arises
out of a will, what is meant by provisions, or out of the covenant of
a lease, what are moveables or fixtures; then it is not the fact of
there being written documents, but the interpretation of what is
written, that gives rise to controversy. But when many things may be
implied by one expression, on account of the ambiguity of some word or
words, so that he who is speaking on the other side may be allowed to
draw the meaning of what is written as is advantageous to him, or in
fact, as he pleases; or, if the document be not drawn up in ambiguous
language, he may either deduce the wish and intention of the writer
from the words, or else say that he can defend what has been done by a
document which is perfectly different relating to the same facts; then
a dispute arises from a comparison of the two written documents; so
that the writings being ambiguous, it is a question which is most
strongly implied; and in a comparison between the letter and the
spirit of the documents an argument is adduced to show which the
judge is the most bound to be guided by; or in documents of a wholly
contradictory nature, which is the most to be approved.
But when the point in dispute is once established, then the orator
ought to keep in view, what is to be proved by all the arguments
derived from the different topics for discovering arguments. And
although it is quite sufficient for him who sees what is concealed in
each topic, and who has all those topics, as a kind of treasury of
arguments, at his fingers' ends; still we will touch upon those which
are peculiar to certain causes. |
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3 - 32
In conjecture, then, when the person on his trial takes refuge
in denial of the fact, these are the two first things for the accuser
to consider, (I say accuser, meaning every kind of plaintiff or
commencer of an action; for even without any accuser, in the strict
sense of the word, these same kinds of controversies may frequently
arise;) however, these are his first points for consideration, the
cause and the event. When I say the cause, I mean the reason for doing
a thing. When I say the event, I mean that which was done. And this
same division of cases was made just now, when speaking of the topics
of persuasion. For the rules which were given in deliberating upon the
future, and how they ought to have a bearing upon utility, or a power
of producing effects, a man who is arguing upon a fact is bound to
collect, so as to show that they must have been useful to the man whom
he is accusing, and that the act might possibly have been done by him.
The question of utility, as far as it depends upon conjecture, is
opened, if the accused person is said to have done the act of which he
is accused, either out of the hope of advantage or the fear of injury.
And this argument has the greater weight, the greater the advantages
or disadvantages anticipated are said to be. With reference to the
motive for an action we take into consideration also the feelings of
minds, if any recent anger, or long-standing grudge, or desire for
revenge, or indignation at an injury; if any eagerness for honour, or
glory, or command, or riches; if any fear of danger, any debt, any
difficulties in pecuniary matters, have had influence; if the man is
bold, or fickle, or cruel, or intemperate, or incautious, or foolish,
or loving, or excitable, or given to wine; if he had any hope of
gaining his point, or any expectation of concealing his conduct; or,
if that were detected, any hope of repelling the charge, or breaking
through the danger, or even postponing it to a subsequent time; or if
the penalty to be inflicted by a court of justice is more trifling
than the prize to be gained by the act; or if the pleasure of the
crime is greater than the pain of the conviction.
It is generally by such circumstances as these that the suspicion of
an act is confirmed, when the causes why he should have desired it are
found to exist in the party accused, together with the means of
doing it. But in his will we look for the benefit which he may have
calculated on from the attainment of some advantage, or the avoidance
of some disadvantage, so that either hope or fear may seem to have
instigated him, or else some sudden impulse of the mind, which impels
men more swiftly to evil courses than even considerations of utility.
So this is enough to have said about the causes.
_C.F._ I understand; and I ask you now what the events are which you
have said are produced by such causes? |
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3 - 33
_C.P._ They are certain consequential signs of what is past,
certain traces of what has been done, deeply imprinted, which have a
great tendency to engender suspicion, and are, as it were, a silent
evidence of crimes, and so much the more weighty because all causes
appear as a general rule to be able to give ground for accusations,
and to show for whose advantage anything was; and these arguments have
an especial propriety of reference to those who are accused, such as a
weapon, a footstep, blood, the detection of anything which appears to
have been carried off or taken away; or any reply inconsistent with
the truth, or any hesitation, or trepidation, or the fact of the
accused person having been seen with any one whose character is such
as to give rise to suspicion; or of his having been seen himself in
that very place in which the action was done; or paleness, or tremor,
or any writing, or anything having been sealed up or deposited
anywhere. For these are circumstances of such a nature as to make the
charge full of suspicion, either in connexion with the act itself, or
with the time previous or subsequent to it. And if they are not so,
still it will be proper to rely on the causes themselves, and on the
means which the accused person had of doing the action, with the
addition of that general argument, that he was not so insane as to be
unable to avoid or conceal any indications of the action, so as to be
discovered and to give ground for an accusation. On the other hand,
there is that common topic, that audacity is joined to rashness, not
to prudence. Besides, there comes the topic suited to amplification,
that we are not to wait for his confessing; that offences are proved
by arguments; and here, too, precedents will be adduced. And thus much
about arguments. |
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3 - 34
But if there is also a sufficiency of witnesses, the first
thing will be to praise the party accused, and to say that he himself
has taken care not to be convicted by argument; that he could not
escape from witnesses: then each of the witnesses must be praised,
(and we have stated already what are the things for which people
can be praised;) and in the next place, it must be urged that it is
possible for it to be quite justifiable not to yield to a specious
argument, (inasmuch as such an one is often false,) but quite
impossible to refuse belief to a good and trusty man, unless there is
some fault in the judge. And then, too, if the witnesses are obscure
or insignificant, we must say that a man's credit is not to be
estimated by his fortune, but that those are the most trustworthy
witnesses on every point who have the easiest means of knowing the
truth of the matter under discussion. If the fact of an examination of
slaves under torture having taken place, or a demand that such should
take place, will assist the cause, then in the first place the general
character of such examinations must be extolled: we must speak of
the power of bodily pain; of the opinion of our ancestors, who would
certainly have abolished the whole system if they had not approved of
it; of the customs of the Athenians and Rhodians, very wise men, among
whom (and that is a most terrible thing) even freemen and citizens
are tortured; of the principles also of the most prudent of our own
countrymen, who though they are unwilling to allow slaves to be
examined against their masters, still did allow of such examination in
the case of incest and conspiracy,--and in fact such an examination
took place in my consulship. That declamation which men are in the
habit of using to throw discredit on such examinations must be laughed
out of court, and called studied and childish. Then a belief must be
inculcated that the examination has been conducted with care, and
without any partiality; and the answers given in the examination must
be weighed by arguments and by conjecture. And these are for the most
part the divisions of an accusation. |
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3 - 35
But the first division of a defence is the invalidating of the
motives alleged for the action,--either as having no real existence,
or as not having been so important, or as not having been likely to
influence any one but the person accused; or we may urge that he could
have attained the same object more easily; or that he is not a man
of such habits, or of such a character; or that he was not so much a
slave to sudden impulses, or at all events not to such trifling ones.
And the advocate for the defence will disparage the means alleged
to be in the power of the accused person, if he shows that either
strength, or courage, or power, or resources were wanting to him; or
that the time was unfavourable, or the place unsuitable; or that there
were many witnesses, not one of whom he would have chosen to trust; or
that he was not such a fool as to undertake a deed which he could not
conceal; nor so senseless as to despise the penalties of the law and
the courts of justice. And he will do away with the effect of the
consequences alleged, by explaining that those things are not certain
proofs of an act which might have happened even if the act had never
been done; and he will dwell on the details, and urge that they belong
as much to what he himself alleges was the fact, as to that which is
at present the ground of accusation: or if he agrees with the accuser
on those points, still he will say that ought to be of avail rather as
a defence to himself against danger, than as an engine for injuring
his safety; and he will run down the whole body of witnesses and
examinations under torture, generally, and also in detail as far as
he can, by the use of the topics of reprehension which have been
explained already. The openings of these causes which are intended to
excite suspicion by their bitterness will be thus laid down by the
accuser; and the general danger of all intrigues will be denounced;
and men's minds will be excited so as to listen attentively. But the
person who is being accused will bring forward complaints of charges
having been trumped up against him, and suspicions ferreted out from
all quarters; and he will speak of the intrigues of the accuser, and
also of the common danger of all citizens from such proceedings: and
so he will try to move the minds of the judges to pity, and to excite
their good-will in some degree. But the narration of the accuser will
be a separate count, as it were, which will contain an explanation
of every sort of transaction liable to suspicion, with every kind
of argument scattered over it, and all the topics for the defence
discredited. But the speaker for the defence must pass over or
discredit all the arguments employed to raise suspicion, and will
limit himself to a narration of the actual facts and events which have
taken place. But in the corroboration of our own arguments, and in the
invalidation of those of our adversaries, it will be often the object
of the accuser to rouse the feelings of the minds of his hearers, and
of the advocate for the defence to pacify them. And this will be the
course of both of them especially in the peroration. The one must
have recourse to a reiteration of his arguments, and to a general
accumulation of them together; the other, when he has once clearly
explained his own cause, refuting the statements of his adversary,
must have recourse to enumeration; and, when he has effaced every
unfavourable impression, then at the end he will endeavour to move the
pity of his judges. |
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3 - 36
_C.F._ I think I know now how conjecture ought to be dealt
with. Let me hear you now on the subject of definition.
_C.P._ With respect to that the rules which are given are common to
the accuser and the defender. For whichever of them by his definition
and description of a word makes the greatest impression on the
feelings and opinions of the judges, and whichever keeps nearest to
the general meaning of the word, and to that preconceived opinion
which those who are the hearers have adopted in their minds, must
inevitably get the better in the discussion. For this kind of topic
is not handled by a regular argumentation, but by shaking out, as it
were, and unfolding the word; so that, if, for instance, in the case
of a criminal acquitted through bribery and then impeached a second
time, the accuser were to define prevarication to be the utter
corruption of a tribunal by an accused person; and the defender were
to urge a counter definition, that it is not every sort of corruption
which is prevarication, but only the bribing of a prosecutor by a
defendant: then, in the first place, there would be a contest between
the different alleged meanings of the word; in which case, though
the definition, if given by the speaker for the defence, approaches
nearest to general usage and to the sense of common conversation,
still the accuser relies on the spirit of the law, for he says that it
ought not to be admitted that those men who framed the laws considered
a judicial decision as ratified when wholly corrupt, but that if even
one judge be corrupted, the decision should be annulled. He relies on
equity; he urges that the law ought to have been framed differently,
if that was what was meant; but that the truth is, that whatever kinds
of corruption could possibly exist were all meant to be included under
the one term prevarication. But the speaker for the defence will bring
forward on his side the usage of common conversation; and he will seek
the meaning of the word from its contrary; from a genuine accuser,
to whom a prevarication is the exact opposite; or from consequents,
because the tablets are given to the judge by the accuser; and from
the name itself, which signifies a man who in contrary causes appears
to be placed, as it were, in various positions. But still he himself
will be forced to have recourse to topics of equity, to the authority
of precedents, and to some dangerous result. And this may be a general
rule, that when each has stated his definition, keeping as accurately
as he can to the common sense and meaning of the word, he should then
confirm his own meaning and definition by similar definitions, and by
the examples of those men who have spoken in the same way.
And in this kind of cause that will be a common topic for the
accuser,--that it must never be permitted that the man who confesses a
fact, should defend himself by a new interpretation of the name of it.
But the defender must rely on those general principles of equity which
I have mentioned, and he must complain that, while that is on his
side, he is weighed down not by facts, but by the perverted use of a
word; and while speaking thus he will be able to introduce many topics
suited to aid him in discovering arguments. For he will avail himself
of resemblances, and contrarieties, and consequences; and although
both parties will do this, still the defendant, unless his cause is
evidently ridiculous, will do so more frequently. But the things which
are in the habit of being said, for the sake of amplification, or in
the way of digression, or when men are summing up, are introduced
either to excite hatred, or pity, or to work on the feelings of the
judges by means of those arguments which have been already given;
provided that the importance of the facts, or the envy of men, or the
dignity of the parties, will allow of it. |
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3 - 37
_C.F._ I understand that. Now I wish to hear you speak of that
part which, when the question is what is the character of such and
such a transaction, will be suitable both for the accusation and also
for the defence.
_C.P._ In a cause of that kind those who are accused confess that they
did the very thing for which they are blamed; but since they allege
that they did it lawfully, it is necessary for us to explain the
whole principles of law. And that is divided into two principal
divisions,--natural law and statute law. And the power of each of
these is again distributed into human law and divine law; one of which
refers to equity and the other to religion. But the power of equity
is two-fold: one part of which is upheld by considerations of what is
straightforward, and true, and just, and, as it is said, equitable and
virtuous; the other refers chiefly to requiting things done to one
suitably,--which in the case of that which is to be requited being a
kindness, is called gratitude, but when it is an injury, it is called
revenge. And these principles are common both to natural and statute
law. But there are also other divisions of law; for there is both the
written and the unwritten law,--each of which is maintained by the
rights of nations and the customs of our ancestors. Again, written
law is divided into public law and private law. Public law is laws,
resolutions of the senate, treaties; private law is accounts,
covenants, agreements, stipulations.
But those laws which are unwritten, owe their influence either to
custom or to some agreement between, and as it were to the common
consent of men. And indeed it is in some degree prescribed to us by
the laws of nature, that we are to uphold our customs and laws. And
since the foundations of equity have been briefly explained in this
manner, we ought to meditate carefully, with reference to causes of
this kind, on what is to be said in our speeches about nature, and
laws, and the customs of our ancestors, and the repelling of injuries,
and revenge, and every portion of human rights. If a man has done
anything unintentionally, or through necessity, or by accident, which
men would not be excused for doing if they did it of their own accord
and intentionally, by way of deprecating punishment for the action he
should implore pardon and indulgence, founding his petition on many
topics of equity. I have now explained as well as I could every kind
of controversy, unless there is anything besides which you wish to
know. |
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3 - 38
_C.F._ I wish to know that which appears to me to be the
only point left,--what is to be done when the discussion turns upon
expressions in written documents.
_C.P._ You are right to ask: for when that is explained I shall have
discharged the whole of the task which I have undertaken. The rules
then which relate to ambiguity are common to both parties. For each of
them will urge that the signification which he himself adopts is the
one suited to the wisdom of the framer of the document; each of them
will urge that that sense which his adversary says is to be gathered
from the ambiguous expression in the writing, is either absurd,
or inexpedient, or unjust, or discreditable, or again that it is
inconsistent with other written expressions, either of other men,
or, if possible, of the same man. And he will urge further that the
meaning which he himself contends for is the one which would have been
intended by every sensible and respectable man; and that such an one
would express himself more plainly if the case were to come over
again, and that the meaning which he asserts to be the proper one has
nothing in it to which objection can be made, or with which any fault
can be found; but that if the contrary meaning is admitted, many
vices, many foolish, unjust, and inconsistent consequences must
follow. But when it appears that the writer meant one thing and wrote
another, then he who relies on the letter of the law must first
explain the circumstances of the case, and then recite the law; then
he must press his opponent, repeat the law, reiterate it, and ask
him whether he denies that that is the expression contained in the
writing, or whether he denies the facts of the case. After that he
must invoke the judge to maintain the letter of the law. When he has
dwelt on this sort of corroborative argument he must amplify his case
by praising the law, and attack the audacity of the man who, when he
has openly violated it, and confesses that he has done so, still comes
forward and defends his conduct. Then he must invalidate the defence
when his opponent says that the writer meant one thing and wrote
another, and say that it is intolerable that the meaning of the framer
of the law should be explained by any one else in preference to the
law itself. Why did he write down such words if he did not mean them?
Why does the opponent, while he neglects what is plainly written,
bring forward what is not written anywhere? Why should he think that
men who were most careful in what they wrote are to be convicted of
extreme folly? What could have hindered the framer of this law from
making this exception which the opponent contends that he intended to
make, if he really had intended it? He will then bring forward those
instances where the same writer has made a similar exception, or if
he cannot do that, at least he will cite cases where others have made
similar exceptions. For a reason must be sought for, if it is possible
to find one, why this exception was not made in this case. The law
must be stated to be likely to be unjust, or useless, or else that
there is a reason for obeying part of it, and for abrogating part; it
must be that the argument of the opponent and the law are at variance.
And then, by way of amplification, it will be proper, both in other
parts of the speech, and above all in the peroration, to speak with
great dignity and energy about the desirableness of maintaining the
laws, and of the danger with which all public and private affairs are
threatened. |
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3 - 39
But he who defends himself by appeals to the spirit and
intention of the law, will urge that the force of the law depends on
the mind and design of the framer, not on words and letters. And he
will praise him for having mentioned no exceptions in his law, so
as to leave no refuge for offences, and so as to bind the judge to
interpret the intention of the law according to the actions of each
individual. Then he must cite instances in which all equity will be
disturbed if the words of the law are attended to and not the meaning.
Then all cunning and false accusation must be endeavoured to be put
before the judge in an odious light, and complaints uttered in a
tone of indignation. If the action in question has been done
unintentionally, or by accident, or by compulsion, rather than in
consequence of any premeditation,--and actions of those kinds we have
already discussed,--then it will be well to use the same topics of
equity to counteract the effect of the harshness of the language.
But if the written laws contradict one another, then the connexion of
art is such, and most of its principles are so connected and linked
together, that the rules which we a little while ago laid down for
cases of ambiguity, and which have just been given with reference to
the letter and spirit of the law, may be all transferred to this third
division also. For the topics by which, in the case of an ambiguous
expression, we defended that meaning which is favourable to our
argument must also be used to defend the law which is favourable to us
when there are inconsistent laws. In the next place, we must contrive
to defend the spirit of one law, and the letter of the other. And so
the rules which were just now given relating to the spirit and letter
of the law may all be transferred to this subject. |
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3 - 40
I have now explained to you all the divisions of oratory which
have prevailed, as laid down by the academy to which we are devoted,
and if it had not been for that academy they could not have been
discovered, or understood, or discussed. For the mere act of division,
and of definition, and the distribution of the partitions of a
doubtful question, and the understanding the topics of arguments, and
the arranging the argumentation itself properly, and the discerning
what ought to be assumed in arguing, and what follows from what has
been assumed, and the distinguishing what is true from what is false,
and what is probable from what is incredible, and refuting assumptions
which are not legitimate, or which are inappropriate, and discussing
all these different points either concisely as those do who are called
dialecticians, or copiously as an orator should do, are all fruits of
the practice in disputing with acuteness and speaking with fluency,
which is instilled into the disciples of that academy. And without a
knowledge of these most important arts how can an orator have either
energy or variety in his discourse, so as to speak properly of things
good or bad, just or unjust, useful or useless, honourable or base?
Let these rules then, my Cicero, which I have now explained to you, be
to you a sort of guide to those fountains of eloquence, and if under
my instruction or that of others you arrive at them, you will then
acquire a clearer understanding of these things and of others which
are much more important.
_C.F._ I will strive to arrive at them with great eagerness, my
father; and I do not think that there is any greater advantage which I
can derive even from your many excellent kindnesses to me. |
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4
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4 - Introduction
This little piece was composed by Cicero as a sort of preface to his
translation of the Orations of Demosthenes and Aeschines de Corona; the
translations themselves have not come down to us. |
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4 - 1
There are said to be classes of orators as there are of poets. But
it is not so; for of poets there are a great many divisions; for of
tragic, comic, epic, lyric, and also of dithyrambic poetry, which has
been more cultivated by the Latins, each kind is very different from
the rest. Therefore in tragedy anything comic is a defect, and in
comedy anything tragic is out of place. And in the other kinds of
poetry each has its own appropriate note, and a tone well known to
those who understand the subject. But if any one were to enumerate
many classes of orators, describing some as grand, and dignified,
and copious, others as thin, or subtle, or concise, and others as
something between the two and in the middle as it were, he would be
saying something of the men, but very little of the matter. For as to
the matter, we seek to know what is the best; but as to the man, we
state what is the real case. Therefore if any one likes, he has a
right to call Ennius a consummate epic poet, and Pacuvius an excellent
tragic poet, and Caecilius perhaps a perfect comic poet. But I do not
divide the orator as to class in this way. For I am seeking a perfect
one. And of perfection there is only one kind; and those who fall
short of it do not differ in kind, as Attius does from Terentius; but
they are of the same kind, only of unequal merit. For he is the best
orator who by speaking both teaches, and delights, and moves the
minds of his hearers. To teach them is his duty, to delight them is
creditable to him, to move them is indispensable. It must be granted
that one person succeeds better in this than another; but that is not
a difference of kind but of degree. Perfection is one thing; that
is next to it which is most like it; from which consideration it is
evident that that which is most unlike perfection is the worst. |
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4 - 2 0
For, since eloquence consists of words and sentences, we must
endeavour, by speaking in a pure and correct manner, that is to say in
good Latin, to attain an elegance of expression with words appropriate
and metaphorical. As to the appropriate words, selecting those which
are most suitable; and when indulging in metaphor, studying to
preserve a proper resemblance, and to be modest in our use of foreign
terms. But of sentences, there are as many different kinds as I
have said there are of panegyrics. For if teaching, we want shrewd
sentences; if aiming at giving pleasure, we want musical ones; if
at exciting the feelings, dignified ones. But there is a certain
arrangement of words which produces both harmony and smoothness; and
different sentiments have different arrangements suitable to them, and
an order naturally calculated to prove their point; but of all
those things memory is the foundation, (just as a building has a
foundation,) and action is the light. The man, then, in whom all
these qualities are found in the highest perfection, will be the most
skilful orator; he in whom they exist in a moderate degree will be a
mediocre orator: he in whom they are found to the slightest extent
will be the most inferior sort of orator. All these, indeed, will be
called orators, just as bad painters are still called painters; not
differing from one another in kind, but in ability. So there is no
orator who would not like to resemble Demosthenes; but Menander did
not want to be like Homer, for his style was different.
This difference does not exist in orators; or if there be any such
difference, that one avoiding gravity aims rather at subtlety; and on
the other hand, that another desires to show himself acute rather
than polished: such men, although they may be tolerable orators, are
certainly not perfect ones; since that is perfection which combines
every kind of excellence. |
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4 - 3
I have stated these things with greater brevity than the subject
deserves; but still, with reference to my present object, it was
not worth while being more prolix. For as there is but one kind of
eloquence, what we are seeking to ascertain is what kind it is. And it
is such as flourished at Athens; and in which the genius of the Attic
orators is hardly comprehended by us, though their glory is known to
us. For many have perceived this fact, that there is nothing faulty
in them: few have discerned the other point; namely, how much in them
there is that is praiseworthy. For it is a fault in a sentence if
anything is absurd, or foreign to the subject, or stupid, or trivial;
and it is a fault of language if any thing is gross, or abject, or
unsuitable, or harsh, or far-fetched. Nearly all those men who are
either considered Attic orators or who speak in the Attic manner have
avoided these faults. But if that is all their merit, then they may
deserve to be regarded as sound and healthy, as if we were regarding
athletes, to such an extent as to be allowed to exercise in the
palaestra, but not to be entitled to the crown at the Olympic games.
For the athletes, who are free from defects, are not content as it
were with good health, but seek to produce strength and muscles and
blood, and a certain agreeableness of complexion; let us imitate them,
if we can; and if we cannot do so wholly, at least let us select as
our models those who enjoy unimpaired health, (which is peculiar to
the Attic orators,) rather than those whose abundance is vicious, of
whom Asia has produced numbers. And in doing this (if at least we can
manage even this, for it is a mighty undertaking) let us imitate, if
we can, Lysias, and especially his simplicity of style: for in many
places he rises to grandeur. But because he wrote speeches for many
private causes, and those too for others, and on very trifling
subjects, he appears to be somewhat simple, because he has designedly
filed himself down to the standard of the inconsiderable causes which
he was pleading. |
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4 - 4
And a man who acts in this way, even if he be not able to turn out
a vigorous speaker as he wishes, may still deserve to be accounted an
orator, though an inferior one; but even a great orator must often
also speak in the same manner in causes of that kind. And in this way
it happens that Demosthenes is at times able to speak with simplicity,
though perhaps Lysias may not be able to arrive at grandeur. But if
men think that, when an army was marshalled in the forum and in all
the temples round the forum, it was possible to speak in defence of
Milo, as if we had been speaking in a private cause before a single
judge, they measure the power of eloquence by their own estimate of
their own ability, and not by the nature of the case. Wherefore, since
some people have got into a way of repeating that they themselves do
speak in an Attic manner, and others that none of us do so; the one
class we may neglect, for the facts themselves are a sufficient answer
to these men, since they are either not employed in causes, or when
they are employed they are laughed at; for if the laughter which
they excite were in approbation of them, that very fact would be a
characteristic of Attic speakers. But those who will not admit that we
speak in the Attic manner, but yet profess that they themselves are
not orators; if they have good ears and an intelligent judgment, may
still be consulted by us, as one respecting the character of a picture
would take the opinion of men who were incapable of making a picture,
though not devoid of acuteness in judging of one. But if they place
all their intelligence in a certain fastidiousness of ear, and if
nothing lofty or magnificent ever pleases them, then let them say that
they want something subtle and highly polished, and that they despise
what is dignified and ornamented; but let them cease to assert that
those men alone speak in the Attic manner, that is to say, in a
sound and correct one. But to speak with dignity and elegance and
copiousness is a characteristic of Attic orators. Need I say more? Is
there any doubt whether we wish our oration to be tolerable only, or
also admirable? For we are not asking now what sort of speaking is
Attic: but what sort is best. And from this it is understood, since
those who were Athenians were the best of the Greek orators, and since
Demosthenes was beyond all comparison the best of them, that if any
one imitates them he will speak in the Attic manner, and in the
best manner, so that since the Attic orators are proposed to us for
imitation, to speak well is to speak Attically. |
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4 - 5
But as there was a great error as to the question, what kind of
eloquence that was, I have thought that it became me to undertake a
labour which should be useful to studious men, though superfluous
as far as I myself was concerned. For I have translated the most
illustrious orations of the two most eloquent of the Attic orators,
spoken in opposition to one another: Aeschines and Demosthenes. And I
have not translated them as a literal interpreter, but as an orator
giving the same ideas in the same form and mould as it were, in words
conformable to our manners; in doing which I did not consider it
necessary to give word for word, but I have preserved the character
and energy of the language throughout. For I did not consider that
my duty was to render to the reader the precise number of words, but
rather to give him all their weight. And this labour of mine will have
this result, that by it our countrymen may understand what to require
of those who wish to be accounted Attic speakers, and that they may
recal them to, as it were, an acknowledged standard of eloquence.
But then Thucydides will rise up; for some people admire his
eloquence. And they are quite right. But he has no connexion with the
orator, which is the person of whom we are in search. For it is
one thing to unfold the actions of men in a narration, and quite a
different one to accuse and get rid of an accusation by arguing. It is
one thing to fix a hearer's attention by a narration, and another to
excite his feelings. "But he uses beautiful language." Is his language
finer than Plato's? Nevertheless it is necessary for the orator whom
we are inquiring about, to explain forensic disputes by a style of
speaking calculated at once to teach, to delight, and to excite. |
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4 - 6
Wherefore, if there is any one who professes that he intends to
plead causes in the forum, following the style of Thucydides, no one
will ever suspect him of being endowed with that kind of eloquence
which is suited to affairs of state or to the bar. But if he is
content with praising Thucydides, then he may add my vote to his own.
Moreover, even Isocrates himself, whom that divine author, Plato, who
was nearly his contemporary, has represented in the Phaedrus as being
highly extolled by Socrates, and whom all learned men have called a
consummate orator, I do not class among the number of those who are to
be taken for models. For he is not engaged in actual conflict; he is
not armed for the fray; his speeches are made for display, like foils.
I will rather, (to compare small things with great,) bring on the
stage a most noble pair of gladiators. Aeschines shall come on like
aeserninus, as Lucilius says--
"No ordinary man, but fearless all,
And skill'd his arms to wield--his equal match
Pacideianus stands, than whom the world
Since the first birth of man hath seen no greater."
For I do not think that anything can be imagined more divine than that
orator. Now this labour of mine is found fault with by two kinds of
critics. One set says, "But the Greek is better." And I ask them
whether the authors themselves could have clothed their speeches
in better Latin? The others say, "Why should I rather read the
translation than the original?" Yet those same men read the Andria and
the Synephebi; and are not less fond of Terence and Caecilius than of
Menander. They must then discard the Andromache, and the Antiope, and
the Epigoni in Latin. But yet, in fact, they read Ennius and Pacuvius
and Attius more than Euripides and Sophocles. What then is the meaning
of this contempt of theirs for orations translated from the Greek,
when they have no objection to translated verses? |
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4 - 7
However, let us now come to the task which we have undertaken,
when we have just explained what the cause is which is before the
court.
As there was a law at Athens, that no one should be the cause of
carrying a decree of the people that any one should be presented with
a crown while invested with office till he had given in an account of
the way in which he had discharged its duties; and another law, that
those who had crowns given them by the people ought to receive them in
the assembly of the people, and that they who had them given to them
by the senate should receive them in the senate; Demosthenes was
appointed a superintendent of repairs of the walls; and he did it at
his own expense. Therefore, with reference to him Ctesiphon proposed
a decree, without his having given in any accounts, that he should be
presented with a golden crown, and that that presentation should take
place in the theatre, the people being summoned for the purpose, (that
is not the legitimate place for an assembly of the people;) and that
proclamation should be made, "that he received this present on account
of his virtue and devotion to the state, and to the Athenian people."
Aeschines then prosecuted this man Ctesiphon because he had proposed
a decree contrary to the laws, to the effect that a crown should be
given when no accounts had been delivered, and that it should be
presented in the theatre, and that he had made false statements in the
words of his motion concerning Demosthenes's virtue and loyalty; since
Demosthenes was not a good man, and was not one who had deserved well
of the state.
That kind of cause is indeed inconsistent with the precedents
established by our habits; but still it has an imposing look. For it
has on each side of the question a sufficiently clever interpretation
of the laws, and a very grave contest as to the respective services
done by the two rival orators to the republic. Therefore the object of
Aeschines was, since he himself had been prosecuted on a capital charge
by Demosthenes, for having given a false account of his embassy, that
now a trial should take place affecting the conduct and character of
Demosthenes, that so, under pretence of prosecuting Ctesiphon, he
might avenge himself on his enemy. For he did not say so much about
the accounts not having been delivered, as to the point that a very
bad citizen had been praised as an excellent.
Aeschines instituted this prosecution against Ctesiphon four years
before the death of Philip of Macedon. But the decision took place a
few years afterwards; when Alexander had become master of Asia. And it
is said that all Greece thronged to hear the issue of the trial. For
what was ever better worth going to see, or better worth hearing,
than the contest of two consummate orators in a most important cause,
inflamed and sharpened by private enmity?
If then, as I trust, I have given such a copy of their speeches, using
all their excellencies, that is to say, their sentiments, and their
figures, and the order of their facts; adhering to their words only so
far as they are not inconsistent with our customs, (and though they
may not be all translated from the Greek, still I have taken pains
that they should be of the same class,) then there will be a standard
to which the orations of those men must be directed who wish to speak
Attically. But I have said enough of myself--let us now hear Aeschines
speaking in Latin. (_These Orations are not extant_.)  |
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