per to illustrate the subject, conciliate the minds, and move the passions of the audience.* What is an argument. ?< An argument, says Quintilian, is a way for making good a proof, by which one thing is concluded from another, and what is doubtful is confirmed by what is not.t On what are all arguments founded? On reason, morals, or the affections. What is the object of arguments from reason? How are arguments from reason divided? Into artificial and inartificial.+ What are artificial arguments from reason? They are such as arise from the subject upon which the orator treats.|| Cicero, in his de Oratore, Book 11., Chapter 19, says: 66 They next delineate, as it were, five offices of eloquence, viz: inventing what you are to say; the arrangement of what you have invented; the embellishments of style; next the getting it by heart; and last of all comes the action and the delivery." In another place, however, he has properly excluded Memory from his division. Hence, says Ramus: "Dicis oratori tria esse vi denda, quid dicat, quo quid que loco, et quomodo; primo membro Inventionem, secundo Collocationem, tertio Elocutionem et Actionem comprehendis: memoriam igitur in hac trium membrorum partitione prætermittis." Rhet. Lib. III. * Ut concilientur animi, et doceantur, et moveantur. Cic. de Orat. Lib. II., 28. † Cicero says an argument is a reason which induces us to believe what we previously doubted. Ramus says: " Quintilian, following Aristotle, has divided arguments from reason into artificial and inartificial." Cicero and Quintilian concur in reducing common places, from which artificial arguments may be invented, to sixteen: 1. From Definition; as, Jus civile est cognitio æquitatis; at cognitio; æquitatis est utilis; igitur et jus civile. 2. From Distribution of Parts, or Enumeration; as, Virtutis partes sunt quatuor: justitia, prudentia, fortitudo, et temperantia; at Calliditas non est justitia, nec, &c., igitur non virtus. 3. From Etymology, or Notation; as, Consul est qui consulit patriæ; non How many kinds of orations are there? Three Demonstrative, Deliberative, and Judicial.* Who was the author of this division? Aristotle. What is the scope of a Demonstrative oration? When for his learning, eloquence, dignity, wisdom, and authority, we praise Cicero; or, for his infamous and abandoned life, censure Cataline. How many methods do rhetoricians prescribe for praising or dispraising persons? Two. igitur Piso consul, qui eam evertit. 4. From Conjugates; as, Pietas laudanda, igitur et qui pie agit. 5. From the Genus: as, Virtutis laus in actione consistit; et prudentiæ. 6. From the Species; as, Justitia est amanda, ergo virtus amanda. 7. From Similitude; as, Si feræ partus suos diligunt, qua nos in liberos nostros indulgentia esse debemus. 8. From Dissimilitudes; as, Si barbarorum est in diem vivere, nostra consilia sempiternum spectare debent. 9. From Contraries; as, Si Gracchus nefarie præclare Opimius, 10. From Adjuncts; as Vesperi visus est cum gladio stipatus, &c.; ergo occidit. 11. From Antecedents; as, Ortus est sol, igitur dies est. 12. From Consequents; as, Dies est, igitur ortus est sol. 13. From Repugnants; as, Amat illum, igitur non insectatur convitiis. 14. From Causes; as, Avaritiam si tollere vultis, mater est tollenda, luxuries. 15. From Effects; as, Virtus parit laudem; ergo sequenda. 16. From Comparison; as, * Ut jugulent homines, surgunt de nocte latrones, HOR. Aristotle, in his Institutions of Rhetoric, Book 1. Chapter 3, says, "There must of necessity be three kinds of rhetorical discourses: Demonstrative, Deliberative, and Judicial. Of the Demonstrative, the one part is praise, the other disgrace. Of the Deliberative, the one part is persuasion, the other dissuasion. Of the Judicial, the one part is accusation, the other defence." The end of the first, says he, is n xaxon auxgov, honorable, or dishonourable; of the second, uppegov nas Brabegov, advantageous, or disadvantageous; and of the third, maior admcy, just, or unjust. † Quintilian, 'in the third book of his Institutes, extends the What are they? The one is to follow the order in which every thing happened, which is mentioned in the discourse, as Isocrates has done in his funeral oration upon Evagoras, King of Salamis; the other is to reduce what is said under certain general heads, without a strict regard to the order of time, as Suetonius, in his lives of the twelve Cæsars. How is it used in speaking of a thing? When from truth, honor, time, place, and manner, we applaud the voluntary return of Regulus to his enemies; or, on the contrary, condemn the self-murder of Cato at Utica. What are the chief subjects of Demonstrative eloquence? Panegyrics, Invectives, gratulatory and funeral orations. What orations may be ranked under this 3ead? Cicero's oration concerning the answers of the soothsayers, his oration for Marcellus, and his invective against Piso. In what does a Deliberative oration consist? In recommending, or dissuading from, some important public measure.* To what is this species of eloquence chiefly confined? To the agitation of public affairs in popular assemblies. What is its object? Persuasion. How is the orator to accomplish this end? By applying himself to all the principles of action in our nature; to the passions and to the heart, as well as to the understanding. application of Demonstrative discourses to the praise of Gods; the praises and dispraise of men; and the praises of cities and places. "The chief things concerning which all men consult, and argue upon in deliberation, are five in number; of wealth, of war and peace, of the preservation of the country, of what things are exported and imported, and of the making and observance of laws."...ARIS. RHET. Book 1. Ch. 4. What topics are generally used in recommending, or dissuading from, public measures ? Safety, profit, pleasure, justice, honor, and facility. What orations may be referred to the Deliberative kind? Cicero's fourth oration against Cataline; his first and ninth against Mark Anthony; and Cato and Cæsar's speeches relative to the Cataline conspirators. What is a Judicial oration ? A Judicial oration is that species of oratory which is used in accusing or defending.* By what name is the principal question, or point of dispute in all controversies designated ? States.† What is meant by the state of a cause? The principal point in dispute between contending parties, upon the proof of which the whole cause or contoversy depends.+ How is this exemplified? Milo was accused for killing Clodius; Milo confessed he killed him, but said he did it justly now the state of the cause is, did Milo kill Clodius justly or unjustly? How many general states are there? * Quintilian, in the third book of his Institutes, says: "I shall now speak of the judicial kind, which, although the most extensive and various, consists only of two offices, accusation and defence." The state of a controversy is expressed, by several other names, in ancient writers; as, "The Constitution of the Cause" "The General Head;" and "The Chief Question." Our common law expresses it by one word; namely, the Issue : which interpreters define, "that point of matter depending in suit whereupon the parties join, and put their cause to the trial.' # Status est quæstio, quæ ex prima causarum conflictione nascitur; ut, Sylla conjuravisti cum Catilina; depulsio vero defensoris; non conjuravi: ex hac prima conflictione nascitur illa quæstio, conjuraveritne Sylla cum Catilina?....QUINT. INST. Lib. III. Chap. 6. Three Conjectural, Definitive, and the State of Quantity.* When is a cause Conjectural ? When it is enquired whether the thing was done or not : as, did Cælius prepare poison for Clodia? When is a cause Definitive ? When the fact is not denied, but the dispute turns upon the name and nature of the crime; as, whether to take a sacred thing out of a private house be theft or sacrilege? What is a Cause in Quality? When the contending parties are agreed both as to the name and nature of the action, but the dispute turns upon its justice; as, was it lawful or unlawful for Milo to slay Clodius? What distinction exists between Deliberative and Judicial eloquence? In Deliberative eloquence the great object is persuasion, and the speaker of course directs himself to the passions as well as to the understanding; but, in Judicial eloquence, his object is conviction, and therefore it is chiefly or solely to the understanding that his eloquence is addressed. What discourses may be referred to the Judicial kind? Cicero's orations for Milo, Rabirius, Cœlius, and Ligarius. What are Inartificial arguments from reason? They are such as do not arise from the subject, but from things of a different nature. They are all taken from authorities, and are, by Cicero in his Topics, called Testimony.t * Cicero and Quintilian reduce the states to three; to these Aristotle and Vossius add a fourth; namely, of Quantity; as, 'Whether the injury be so great as it is said to be." + Aristotle distinguishes two sorts of proofs, in which he has been generally followed by all succeeding authors. Some of these are extrinsic to the subject, and independent of art; others |