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
XIV. From this mode of bringing forward evidence, arises that last
kind of dispute which we call the judication, or examination of the
excuses alleged. And that is of this kind: whether it was right that
his mother should be put to death by Orestes, because she had put to
death Orestes's father?
Now proof by testimony is the firmest sort of reasoning that can be
used by an advocate in defence, and it is also the best adapted for
the examination of any excuse which may be alleged. For instance, if
Orestes were inclined to say that the disposition of his mother had
been such towards his father, towards himself and his sisters, towards
the kingdom, and towards the reputation of his race and family, that
her children were of all people in the world the most bound to
inflict punishment upon her. And in all other statements or cases,
examinations of excuses alleged are found to be carried on in this
manner. But in a conjectural statement of a case, because there is no
express evidence, for the fact is not admitted at all, the examination
of the defence put forward cannot arise from the bringing forward of
evidence. Wherefore, it is inevitable that in this case the question
and the judication must be the same thing. As "it was done," "it was
not done." The question is whether it was done.
But it must invariably happen that there will be the same number of
questions, and arguments, and examinations, and evidences employed
in a cause, as there are statements of the case or divisions of such
statements. When all these things are found in a cause, then at length
each separate division of the whole cause must be considered. For it
does not seem that those points are necessarily to be first noticed,
which have been the first stated; because you must often deduce those
arguments which are stated first, at least if you wish them to be
exceedingly coherent with one another and to be consistent with the
cause, from those arguments which are to be stated subsequently.
Wherefore, when the examination of the excuses alleged, and all those
arguments which require to be found out for the purpose of such
examination have been diligently found out by the rules of art, and
handled with due care and deliberation, then at length we may proceed
to arrange the remaining portions of our speech. And these portions
appear to us to be in all six; the exordium, the relation of the fact,
the division of the different circumstances and topics, the bringing
forward of evidence, the finding fault with the action which has been
done, and the peroration.
At present, since the exordium ought to be the main thing of all,
we too will first of all give some precepts to lead to a system of
opening a case properly.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account