The Orations of Marcus Tullius Cicero, Volume 4Cicero, Marcus Tullius
History
The Orations of Marcus Tullius Cicero, Volume 4
Cicero, Marcus Tullius
Speeches, addresses, etc., Latin -- Translations into English
VIII. Every subject which contains in itself any controversy existing
either in language or in disputation, contains a question either
about a fact, or about a name, or about a class, or about an action.
Therefore, that investigation out of which a cause arises we call a
stating of a case. A stating of a case is the first conflict of causes
arising from a repulse of an accusation; in this way. "You did so and
so;"--"I did not do so;"--or, "it was lawful for me to do so." When
there is a dispute as to the fact, since the cause is confirmed by
conjectures, it is called a conjectural statement. But when it is a
dispute as to a name, because the force of a name is to be defined by
words, it is then styled a definitive statement. But when the thing
which is sought to be ascertained is what is the character of the
matter under consideration, because it is a dispute about violence,
and about the character of the affair, it is called a general
statement. But when the cause depends on this circumstance, either
that that man does not seem to plead who ought to plead, or that he
does not plead with that man with whom he ought to plead, or that
he does not plead before the proper people, at the proper time,
in accordance with the proper law, urging the proper charge, and
demanding the infliction of the proper penalty, then it is called a
statement by way of demurrer; because the arguing of the case appears
to stand in need of a demurrer and also of some alteration. And
some one or other of these sorts of statement must of necessity be
incidental to every cause. For if there be any one to which it is not
incidental, in that there can be no dispute at all; on which account
it has no right even to be considered a cause at all.
And a dispute as to fact may be distributed over every sort of time.
For as to what has been done, an inquiry can be instituted in this
way--"whether Ulysses slew Ajax;" and as to what is being done, in
this way--"whether the people of Tregellae are well affected towards
the Roman people;" and as to what is going to happen, in this way--"if
we leave Carthage uninjured, whether any inconvenience will accrue to
the republic."
Public-domain text, read in full here on John Shaqi.
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