Book: The Orations of Marcus Tullius Cicero, Volume 4

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This enumeration is fairly reprehended, if it can be alleged that the
horse was taken from the enemy, as that description of booty is not
sold. And if that be alleged, the enumeration is disproved, since that
matter has been stated which was passed over in such enumeration.

XLVI. But it will also be reprehended in another manner, if any
contradictory statement is advanced; that is to say, just by way of
example, if, to continue arguing from the previous case, it can be
shown that the horse did come to one by inheritance, or if it should
not be discreditable to admit the last alternative, as if a person,
when his adversaries said,--"You were either laying an ambush against
the owner, or you were influenced by a friend, or you were carried
away by covetousness," were to confess that he was complying with the
entreaties of his friend.

But a simple conclusion is reprehended if that which follows does not
appear of necessity to cohere with that which has gone before. For
this very proposition, "If he breathes, he is alive," "If it is day,
it is light," is a proposition of such a nature that the latter
statement appears of necessity to cohere with the preceding one. But
this inference, "If she is his mother, she loves him," "If he has ever
done wrong, he will never be chastised," ought to be reprehended in
such a manner as to show that the latter proposition does not of
necessity cohere with the former.

Inferences of this kind, and all other unavoidable conclusions, and
indeed all argumentation whatever, and its reprehension too, contains
some greater power and has a more extensive operation than is here
explained. But the knowledge of this system is such that it cannot
be added to any portion of this art, not that it does of itself
separately stand in need of a long time, and of deep and arduous
consideration. Wherefore those things shall be explained by us at
another time, and when we are dealing with another subject, if
opportunity be afforded us. At present we ought to be contented with
these precepts of the rhetoricians given for the use of orators. When,
therefore, any one of these points which are assumed is not granted,
the whole statement is invalidated by these means.

XLVII. But when, though these things are admitted, a conclusion is
not derived from them, we must consider these points too, whether any
other conclusion is obtained, or whether anything else is meant, in
this way,--If, when any one says that he is gone to the army, and any
one chooses to use this mode of arguing against him, "If you had come
to the army you would have been seen by the military tribunes, but you
were not seen by them, therefore you did not go to the army." On this
case, when you have admitted the proposition, and the assumption, you
have got to invalidate the conclusion, for some other inference has
been drawn, and not the one which was inevitable.

And at present, indeed, in order that the case might be more easily
understood, we have brought forward an example pregnant with a
manifest and an enormous error; but it often happens that an error
when stated obscurely is taken for a truth; when either you do not
recollect exactly what admissions you have made, or perhaps you have
granted something as certain which is extremely doubtful. If you have
granted something which is doubtful on that side of the question which
you yourself understand, then if the adversary should wish to adapt
that part to the other part by means of inference, it will be
desirable to show, not from the admission which you have made, but
from what he has assumed, that an inference is really established; in
this manner:--"If you are in need of money, you have not got money. If
you have not got money, you are poor. But you are in need of money,
for if it were not so you would not pay attention to commerce;
therefore you are poor." This is refuted in this way:--"When you said,
if you are in need of money you have not got money, I understood you
to mean, 'If you are in need of money from poverty, then you have
not got money;' and therefore I admitted the argument. But when you
assumed, 'But you are in need of money,' I understood you to mean,
'But you wish to have more money.' But from these admissions this
result, 'Therefore you are poor,' does not follow. But it would follow
if I had made this admission to you in the first instance, that any
one who wished to have more money, had no money at all."

XLVIII. But many often think that you have forgotten what admissions
you made, and therefore an inference which does not follow
legitimately is introduced into the summing up as if it did follow; in
this way:--"If the inheritance came to him, it is probable that he
was murdered by him." Then they prove this at considerable length.
Afterwards they assume, But the inheritance did come to him. Then the
inference is deduced; Therefore he did murder him. But that does
not necessarily follow from what they had assumed. Wherefore it is
necessary to take great care to notice both what is assumed, and what
necessarily follows from those assumptions. But the whole description
of argumentation will be proved to be faulty on these accounts; if
either there is any defect in the argumentation itself, or if it is
not adapted to the original intention. And there will be a defect in
the argumentation itself, if the whole of it is entirely false, or
common, or ordinary, or trifling, or made up of remote suppositions;
if the definition contained in it be faulty, if it be controverted,
if it be too evident, if it be one which is not admitted, or
discreditable, or objected to, or contrary, or inconstant, or adverse
to one's object.

That is false in which there is evidently a lie; in this
manner:--"That man cannot be wise who neglects money. But Socrates
neglected money; therefore he was not wise." That is common which does
not make more in favour of our adversaries than of ourselves; in
this manner:--"Therefore, O judges, I have summed up in a few words,
because I had truth on my side." That is ordinary which, if the
admission be now made, can be transferred also to some other case
which is not easily proved; in this manner:--"If he had not truth on
his side, O judges, he would never have risked committing himself to
your decision." That is trifling which is either uttered after the
proposition, in this way:--"If it had occurred to him, he would not
have done so;" or if a man wishes to conceal a matter manifestly
disgraceful under a trifling defence, in this manner:--


"Then when all sought your favour, when your hand
Wielded a mighty sceptre, I forsook you;
But now when all fly from you, I prepare
Alone, despising danger, to restore you."


XLIX. That is remote which is sought to a superfluous extent, in this
manner:--"But if Publius Scipio had not given his daughter Cornelia in
marriage to Tiberius Gracchus, and if he had not had the two Gracchi
by her, such terrible seditions would never have arisen. So that all
this distress appears attributable to Scipio." And like this is that
celebrated complaint--


"Oh that the woodman's axe had spared the pine
That long on Pelion's lofty summit grew."[57]


For the cause is sought further back than is at all necessary. That
is a bad definition, when it either describes common things in this
manner:--"He is seditious who is a bad and useless citizen;" for this
does not describe the character of a seditious man more than of an
ambitious one,--of a calumniator, than of any wicked man whatever,
in short. Or when it says anything which is false; in this
manner:--"Wisdom is a knowledge how to acquire money." Or when it
contains something which is neither dignified nor important; in this
way:--"Folly is a desire of inordinate glory." That, indeed, is one
folly; but this is defining folly by a species, not by its whole
genus. It is controvertible when a doubtful cause is alleged, for the
sake of proving a doubtful point; in this manner:--


"See how the gods who rule the realms above
And shades below, and all their motions sway,
Themselves are all in tranquil concord found."


That is self-evident, about which there is no dispute at all. As if
any one while accusing Orestes were to make it quite plain that his
mother had been put to death by him. That is a disputable definition,
when the very thing which we are amplifying is a matter in dispute.
As if any one, while accusing Ulysses, were to dwell on this point
particularly, that it is a scandalous thing that the bravest of
men, Ajax, should have been slain by a most inactive man. That is
discreditable which either with respect to the place in which it is
spoken, or to the man who utters it, or to the time at which it is
uttered, or to those who hear it, or to the matter which is the
subject of discussion, appears scandalous on account of the subject
being a discreditable one. That is an offensive one, which offends the
inclinations of those who hear it; as if any one were to praise the
judiciary law of Caepio before the Roman knights, who are themselves
desirous of acting as judges.

L. That is a contrary definition, which is laid down in opposition to
the actions which those who are the hearers of the speech have done;
as if any one were to be speaking before Alexander the Great against
some stormer of a city, and were to say that nothing was more inhuman
than to destroy cities, when Alexander himself had destroyed Thebes.
That is an inconsistent one, which is asserted by the same man in
different senses concerning the same case; as if any one, after he has
said that the man who has virtue is in need of nothing whatever for
the purpose of living well, were afterwards to deny that any one could
live well without good health; or that he would stand by a friend in
difficulty out of good-will towards him, for that then he would hope
that some good would accrue to himself by so doing.

That is an adverse definition, which in some particular is an actual
injury to one's own cause; as if any one were to extol the power, and
resources, and prosperity of the enemy, while encouraging his own
soldiers to fight. If some part of the argumentation is not adapted to
the object which is or ought to be proposed to one, it will be found
to be owing to some one of these defects. If a man has promised a
great many points and proved only a few; or if, when he is bound to
prove the whole, he speaks only of some portion; in this way:--The
race of women is avaricious; for Eriphyle sold the life of her husband
for gold. Or if he does not speak in defence of that particular point
which is urged in accusation; as if any one when accused of corruption
were to defend himself by the statement that he was brave; as Amphion
does in Euripides, and so too in Pacuvius, who, when his musical
knowledge is found fault with, praises his knowledge of philosophy.
Or if a part of conduct be found fault with on account of the bad
character of the man; as if any one were to blame learning on account
of the vices of some learned men. Or if any one while wishing to
praise somebody were to speak of his good fortune, and not of his
virtue; or if any one were to compare one thing with another in such
a manner as to think that he was not praising the one unless he was
blaming the other; or if he were to praise the one in such a manner as
to omit all mention of the other.

Or if, when an inquiry is being carried on respecting one particular
point, the speech is addressed to common topics; as if any one, while
men are deliberating whether war shall be waged or not, were to devote
himself wholly to the praises of peace, and not to proving that that
particular war is inexpedient. Or if a false reason for anything be
alleged, in this way:--Money is good because it is the thing which,
above all others, makes life happy. Or if one is alleged which is
invalid, as Plautus says:--


"Sure to reprove a friend for evident faults
Is but a thankless office; still 'tis useful,
And wholesome for a youth of such an age,
And so this day I will reprove my friend,
Whose fault is palpable."--_Plautus, Frinummus_, Act i. sc. 2,
l.1.


Or in this manner, if a man were to say, "Avarice is the greatest
evil; for the desire of money causes great distress to numbers of
people." Or it is unsuitable, in this manner:--"Friendship is the
greatest good for there are many pleasures in friendship."

LI. The fourth manner of reprehension was stated to be that by which,
in opposition to a solid argumentation, one equally, or still more
solid, has been advanced. And this kind of argumentation is especially
employed in deliberations when we admit that something which is said
in opposition to us is reasonable, but still prove that that conduct
which we are defending is necessary; or when we confess that the line
of conduct which they are advocating is useful, and prove that what
we ourselves are contending for is honourable. And we have thought it
necessary to say thus much about reprehension; now we will lay down
some rules respecting the conclusion.

Hermagoras places digression next in order, and then the ultimate
conclusion. But in this digression he considers it proper to introduce
some inferential topics, unconnected with the cause and with the
decision itself, which contain some praise of the speaker himself, or
some vituperation of the adversary, or else may lead to some other
topic from which he may derive some confirmation or reprehension, not
by arguing, but by expanding the subject by some amplification or
other. If any one thinks that this is a proper part of an oration, he
may follow Hermagoras. For precepts for embellishing, and praising,
and blaming, have partly been already given by us, and partly will be
given hereafter in their proper place. But we do not think it right
that this part should be classed among the regular divisions of a
speech, because it appears improper that there should be digressions,
except to some common topics, concerning which subject we must speak
subsequently. But it does not seem desirable to handle praise and
vituperation separately, but it seems better that they should be
considered as forming part of the argumentation itself. At present we
will treat of the conclusion of an oration.

LII. The conclusion is the end and terminating of the whole oration.
It has three parts,--enumeration, indignation, and complaint.
Enumeration is that by which matters which have been related in a
scattered and diffuse manner are collected together, and, for the sake
of recollecting them, are brought under our view. If this is always
treated in the same manner, it will be completely evident to every one
that it is being handled according to some artificial system; but if
it be done in many various ways, the orator will be able to escape
this suspicion, and will not cause such weariness. Wherefore it will
be desirable to act in the way which most people adopt, on account of
its easiness; that is, to touch on each topic separately, and in that
manner briefly to run over all sorts of argumentation; and also (which
is, however, more difficult) to recount what portions of the subject
you previously mentioned in the arrangement of the subject, as those
which you promised to explain; and also to bring to the recollection
of your hearers the reasonings by which you established each separate
point, and then to ask of those who are hearing you what it is which
they ought to wish to be proved to them; in this way:--"We proved
this; we made that plain;" and by this means the hearer will recover
his recollection of it, and will think that there is nothing besides
which he ought to require.

And in these kinds of conclusions, as has been said before, it will
be serviceable both to run over the arguments which you yourself have
employed separately, and also (which is a matter requiring still
greater art) to unite the opposite arguments with your own; and to
show how completely you have done away with the arguments which were
brought against you. And so, by a brief comparison, the recollection
of the hearer will be refreshed both as to the confirmation which you
adduced, and as to the reprehension which you employed. And it will be
useful to vary these proceedings by other methods of pleading also.
But you may carry on the enumeration in your own person, so as to
remind your hearers of what you said, and in what part of your speech
you said each thing; and also you may bring on the stage some other
character, or some different circumstance, and then make your whole
enumeration with reference to that. If it is a person, in this
way:--"For if the framer of the law were to appear, and were to
inquire of you why you doubted, what could you say after this, and
this, and this has been proved to you?" And in this case, as also in
our own character, it will be in our power to run over all kinds of
argumentation separately: and at one time to refer all separate genera
to different classes of the division, and at another to ask of the
hearer what he requires, and at another to adopt a similar course by a
comparison of one's own arguments and those of the opposite party.

But a different class of circumstance will be introduced if an
enumerative oration be connected with any subject of this sort,--law,
place, city, or monument, in this manner.--"What if the laws
themselves could speak? Would not they also address this complaint to
you? What more do you require, O judges when this, and this, and this
has been already made plain to you?" And in this kind of argument it
is allowable to use all these same methods. But this is given as a
common precept to guide one in framing an enumeration, that out of
every part of the argument, since the whole cannot be repeated over
again, that is to be selected which is of the greatest weight, and
that each point is to be run over as briefly as possible, so that
it shall appear to be only a refreshing of the recollection of the
hearers, not a repetition of the speech.

LIII. Indignation is a kind of speech by which the effect produced is,
that great hatred is excited against a man, or great dislike of some
proceeding is originated. In an address of this kind we wish to have
this understood first, that it is possible to give vent to indignation
from all those topics which we have suggested in laying down precepts
for the confirmation of a speech. For any amplifications whatever,
and every sort of indignation may be expressed, derived from those
circumstances which are attributed to persons and to things, but
still we had better consider those precepts which can be laid down
separately with respect to indignation.

The first topic is derived from authority, when we relate what a great
subject of anxiety that affair has been to the immortal gods, or to
those whose authority ought to carry the greatest weight with it.
And that topic will be derived from prophecies, from oracles, from
prophets, from tokens, from prodigies, from answers, and from other
things like these. Also from our ancestors, from kings, from states,
from nations from the wisest men, from the senate, the people, the
framers of laws. The second topic is that by which it is shown
with amplification, by means of indignation, whom that affair
concerns,--whether it concerns all men or the greater part of men,
(which is a most serious business,) or whether it concerns the higher
classes, such as those men are on whose authority the indignation
which we are professing is grounded, (which is most scandalous,) or
whether it affects those men who are one's equals in courage, and
fortune, and personal advantages, (which is most iniquitous,) or
whether it affects our inferiors, (which is most arrogant).

The third topic is that which we employ when we are inquiring what is
likely to happen, if every one else acts in the same manner. And at
the same time we point out if this man is permitted to act thus, that
there will be many imitators of the same audacity, and then from that
we shall be able to point out how much evil will follow.

The fourth topic is one by the use of which we show that many men are
eagerly looking out to see what is decided, in order that they may be
able to see by the precedent of what is allowed to one, what will be
allowed to themselves also in similar circumstances.

The fifth topic is one by the use of which we show that everything
else which has been badly managed, as soon as the truth concerning
them is ascertained, may be all set right, that this thing, however,
is one which, if it be once decided wrongly, cannot be altered by any
decision, nor set right by any power.

The sixth topic is one by which the action spoken of is proved to have
been done designedly and on purpose, and then we add this argument,
that pardon ought not to be granted to an intentional crime.

The seventh topic is one which we employ when we say that any deed
is foul, and cruel, and nefarious, and tyrannical; that it has been
effected by violence or by the influence of riches--a thing which
is as remote as possible from the laws and from all ideas of equal
justice.

LIV. An eighth topic is one of which we avail ourselves to demonstrate
that the crime which is the present subject of discussion is not
a common one,--not one such as is often perpetrated. And, that is
foreign to the nature of even men in a savage state, of the most
barbarous nations, or even of brute beasts. Actions of this nature are
such as are wrought with cruelty towards one's parents, or wife, or
husband, or children, or relations, or suppliants; next to them,
if anything has been done with inhumanity towards a man's
elders,--towards those connected with one by ties of hospitality,
--towards one's neighbours or one's friends,--to those with
whom one has been in the habit of passing one's life,--to those
by whom one has been brought up,--to those by whom one has been
taught,--to the dead,--to those who are miserable and deserving of
pity,--to men who are illustrious, noble, and who have been invested
with honours and offices,--to those who have neither had power to
injure another nor to defend themselves, such as boys, old men, women:
by all which circumstances indignation is violently excited, and will
be able to awaken the greatest hatred against a man who has injured
any of these persons.

The ninth topic is one by which the action which is the subject of the
present discussion is compared with others which are admitted on all
hands to be offences. And in that way it is shown by comparison how
much more atrocious and scandalous is the action which is the present
subject of discussion.

The tenth topic is one by which we collect all the circumstances which
have taken place in the performance of this action, and which have
followed since that action, with great indignation at and reproach of
each separate item, and by our description we bring the case as far as
possible before the eyes of the judge before whom we are speaking, so
that that which is scandalous may appear quite as scandalous to him as
if he himself had been present to see what was done.

The eleventh topic is one which we avail ourselves of when we are
desirous to show that the action has been done by him whom of all men
in the world it least became to do it, and by whom indeed it ought to
have been prevented if any one else had endeavoured to do it.

The twelfth topic is one by means of which we express our indignation
that we should be the first people to whom this has happened, and that
it has never occurred in any other instance.

The thirteenth topic is when insult is shown to have been added
to injury, and by this topic we awaken hatred against pride and
arrogance.

The fourteenth topic is one which we avail ourselves of to entreat
those who hear us to consider our injuries as if they affected
themselves; if they concern our children, to think of their own, if
our wives have been injured, to recollect their own wives, if it is
our aged relations who have suffered, to remember their own fathers or
ancestors.

The fifteenth topic is one by which we say that those things which
have happened to us appear scandalous even to foes and enemies, and
as a general rule, indignation is derived from one or other of these
topics.

LV. But complaint will usually take its origin from things of this
kind. Complaint is a speech seeking to move the pity of the hearers.
In this it is necessary in the first place to render the disposition
of the hearer gentle and merciful, in order that it may the more
easily be influenced by pity. And it will be desirable to produce that
effect by common topics, such as those by which the power of fortune
over all men is shown, and the weakness of men too is displayed,
and if such an argument is argued with dignity and with impressive
language, then the minds of men are greatly softened, and prepared to
feel pity, while they consider their own weakness in the contemplation
of the misfortunes of another.

Then the first topic to raise pity is that by which we show how great
the prosperity of our clients was, and how great their present misery
is.

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