[209] “When the case depends on this, that it is not the proper person who brings the action, or that it is not before the proper court, at the proper time, according to the proper law, charging the proper crime, demanding the proper punishment.” 2, 5, 4. [210] “When the words seem to be at variance with the intention of the writer.” 2, 5, 9. [211] “When two or more laws are perceived to be in conflict with one another.” 2, 5, 9. [212] “When what is written seems to have two or more meanings.” 2, 5, 10. [213] “When from what is written another thing also which is not written is inferred.” 2, 5, 10. [214] “When inquiry is made as to what is the force of a word.” 2, 5, 10. [215] A division applying only to the _genus deliberativum_. [216] Six are usually given. Cassiodorus has _exordium_, _narratio_, _partitio_, _confirmatio_, _reprehensio_, _conclusio_. Halm, _Rhetores Latini Minores_, p. 497. [217] An analysis of cases according to the emotional effect they are likely to have on the audience. [218] “Ut admirentur (judices) quenquam ad defensionem eius accedere.” Halm, 316, 34, from Sulpitius Victor. [219] The irregular syllogism. Each sub-head is exhaustively analyzed. [220] Giving the lie as conclusion of an irregular syllogism. [221] A short account of the nature of law. This sub-head is not found in the text-books on rhetoric before Isidore’s time. [222] In the use of letters, words, and sentences. [223] _Figurae verborum et sententiarum._ Samples of the former are _anadiplosis_, _paradiastole_, _antimetabole_, _exoche_; of the latter (forty-seven in all), _coenonesis_, _parrhesia_, _aposiopesis_, _aetiologia_, _epitrochasmus_. Cf. p. 107, note. EXTRACTS Chapter 1. On rhetoric and its name. 1. Rhetoric is the science of speaking well in civil questions for the purpose of persuading to what is just and good. It is called rhetoric in the Greek ἀπὸ τοῦ ῥητορίζειν, that is, from eloquence of speech. For speech among the Greeks is called ῥῆσις, and the orator ῥήτωρ. 2. Rhetoric is allied to the grammatic art. For in grammar we learn the science of speaking correctly, and in rhetoric we discover in what way to express what we have learned. Chapter 2. On the discoverers of the art of rhetoric. 1. This discipline was invented by Gorgias, Aristotle and Hermagoras among the Greeks, and translated into Latin by Tullius and Quintilian, but with such eloquence and variety that it is easy for the reader to admire, impossible to understand. 2. For while he holds the parchment the connected discourse as it were cleaves to his memory, but presently when it is laid aside all recollection vanishes. Perfect knowledge of this discipline makes the orator. Chapter 3. On the name of the orator and the parts of rhetoric.