ave admitted, for the sake of which the similes have
been employed, the third proceeds from the conclusion which either
establishes the admissions which have been made or points out what may
be established from it.
XXXIII But because it will not appear to some people to have been
explained with sufficient clearness, unless we submit some instance
taken from the civil class of causes, it seems desirable to employ
some example of this sort, not because the rules to be laid down
differ, or because it is expedient to employ such differently in this
sort of discussion from what we should in ordinary discourse, but in
order to satisfy the desire of those men, who, though they may have
seen something in one place, are unable to recognise it in another
unless it be proved. Therefore in this cause which is very notorious
among the Greeks, that of Epaminondas, the general of the Thebans, who
did not give up his army to the magistrate who succeeded him in due
course of law, and when he himself had retained his army a few days
contrary to law, he utterly defeated the Lacedaemonians, the accuser
might employ an argumentation by means of induction, while defending
the letter of the law in opposition to its spirit, in this way:--
"If, O judges, the framer of the law had added to his law what
Epaminondas says that he intended, and had subjoined the exception
'except where any one has omitted to deliver up his army for the
advantage of the republic,' would you have endured it? I think not.
And if you yourselves, (though, such a proceeding is very far from
your religious habits and from your wisdom,) for the sake of doing
honour to this man, were to order the same exception to be subjoined
to the law, would the Theban people endure that such a thing should be
done? Beyond all question it would not endure it. Can it possibly then
appear to you that that which would be scandalous if it were added to
a law, should be proper to be done just as if it had been added to the
law? I know your acuteness well; it cannot seem so to you, O judges.
But if the intention of the framer of the law cannot be altered as to
its expressions either by him or by you, then beware lest it should be
a much more scandalous thing that that should be altered in fact, and
by your decision, which cannot be altered in one single word."
And we seem now to have said enough for the present respecting
induction. Next, let us consider the power and nature of
ratiocinat
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