Institutio Oratoria

And yet those other forms of eloquence, which have a more continuous sweep and flow, are employed with a view to assisting and embellishing the arguments and produce the appearance of super inducing a body upon the sinews, on which the whole case rests; thus if it is asserted

But such rhetorical devices may be employed in connexion with matters about which there is no doubt or at least which we speak of as admitted facts. Nor would I deny that there is some advantage to be gained by pleasing our audience and a great deal by stirring their emotions. Still, all these devices are more effective, when the judge thanks he has gained a full knowledge of the facts of the case, which we can only give him by argument and by the employment of every other known means of proof.

Before, however, I proceed to classify the various species of artificial proof, I must point out that there are certain features common to all kinds of proof. For there is no question which is not concerned either with things or persons, nor can there be any ground for argument save in connexion with matters concerning things or persons, which may be considered either by themselves or with reference to something else;

while there can be no proof except such as is derived from things consequent or things opposite, which must be sought for either in the time preceding, contemporaneous with or subsequent to the alleged fact, nor can any single thing be proved save by reference to something else which must be greater, less than or equal to it.

As regards arguments, they may be found either in the questions raised by the case, which may be considered by themselves quite apart from any connexion with individual

Again there are four forms of proof. First, we may argue that, because one thing is, another thing is not; as It is day and therefore not night. Secondly, we may argue that, because one thing is, another thing is; as The sun is risen, thereit is day. Thirdly, it may be argued that because one thing is not, another thing is; as It is not night, therefore it is day. Finally, it may be argued that, because one thing is not, another thing is not; as He is not a reasoning being, therefore he is not a man. These general remarks will suffice by way of introduction and I will now proceed to details.

Every artificial proof consists either of indications, arguments or examples. I am well aware that many consider indications to form part of the arguments. My reasons for distinguishing them are twofold. In the first place indications as a rule come under the head of inartificial proofs: for a bloodstained garment, a shriek, a dark blotch and the like are all evidence analogous to documentary or oral evidence and rumours; they are not discovered by the orator, but are given him with the case itself.

My second reason was that indications, if indubitable, are not arguments, since they leave no room for question, while arguments are only possible in controversial matters. If on the other hand they are doubtful, they are not arguments, but require arguments to support them.

The two first species into which artificial proofs