as those
which are compared to something or other; as, "twofold and simple;
many and few; long and short; greater and less." There are also those
very contrary things which are called negatives, which the Greeks call
[Greek: _steraetika_]: as, "If this is the case, that is not." For
what need is there for an instance? only let it be understood that in
seeking for an argument it is not every contrary which is suitable to
be opposed to another.
XII. But I gave a little while ago an instance drawn from adjuncts;
showing that many things are added as accessories, which ought to
be admitted, if we decided that possession ought to be given by the
praetor's edict, in compliance with the will which that person made
who had no right whatever to make a will. But this topic has more
influence in conjectural causes, which are frequent in courts, of
justice, when we are inquiring either what is, or what has been, or
what is likely to be, or what possibly may happen. And the form of the
topic itself is as follows. But this topic reminds us to inquire what
happened before the transaction of which we are speaking, or at the
same time with the transaction, or after the transaction. "This has
nothing to do with the law, you had better apply to Cicero," our
friend Gallus used to say, if any one brought him any cause which
required an inquiry into matters of fact. But you will prefer that no
topic of the art which I have begun to treat of should be omitted
by me, lest if you should think that nothing was to be written here
except what had reference to yourself, you should seem to be too
selfish. This then is for the most part an oratorical topic; not only
not much suited to lawyers, but not even to philosophers. For the
circumstances which happened before the matter in question are
inquired into, such as any preparation, any conferences, any place,
any prearranged convivial meeting. And the circumstances which
happened at the same time with the matter in question, are the noise
of footfalls, the noise of men, the shadow of a body, or anything of
that sort. The circumstances subsequent to the matter in question are,
blushing, paleness, trepidation, or any other tokens of agitation
or consciousness; and besides these, any such fact as a fire
extinguished, a bloody sword, or any circumstance which can excite a
suspicion of such an act.
XIII. The next topic is one peculiar to dialecticians; derived from
consequents, and antecedents, and i
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