Book: The Orations of Marcus Tullius Cicero, Volume 4

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VII _C. F._ It remains, then, now for you to speak of the alterations
and changes in a speech.

_C. P._ 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.

_C. F._ The next point is action, if I do not mistake.

_C. P._ 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.

_C. F._ Is there nothing remaining to be said about the orator
himself?

_C. P._ 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.

VIII _C. F._ Since, then, you have thus explained all the power of an
orator, what have you to tell me about the rules for an oration?

_C. P._ 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.

_C. F._ Proceed, then, to explain to me these four divisions in
regular order.

_C. P._ 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.

IX. _C. F._ What next? What rules, then, are to be attended to in
narration?

_C. P._ 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.

_C. F._ What follows is, I suppose, what relates to producing belief.

_C. P._ 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.

X. _C. F._ I understand this division. At present, I ask, what are the
topics of conjecture?

_C. P._ 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.

XI. 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.

XII. _C. F._ What next? What is the principle of definition, and what
is the system of it?

_C. P._ 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.

_C. F._ 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.

_C. P._ You are quite right.

_C. F._ What divisions, then, are there in this part of the argument?

_C. P._ 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.

_C. F._ 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.

_C. P._ 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.

XIII. _C. F._ 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.

_C. P._ You seem to be inquiring about argumentation, and as to how to
develop arguments.

_C. F._ That is the very thing that I want to know.

_C. P._ 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.

XIV. _C. F._ 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?

_C. P._ 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.

XV. _C. F._ 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?

_C. P._ 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.

XVI. 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.

XVII. 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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