ly probable, must inevitably be assumed from these topics, as
we have already pointed out.
XLIII. What is assumed as something credible is invalidated, if it is
either manifestly false, in this way:--"There is the one who would not
prefer riches to wisdom." Or on the opposite side something credible
may be brought against it, in this manner--"Who is there who is not
more desirous of doing his duty than of acquiring money?" Or it may be
utterly and absolutely incredible, as if some one, who it is notorious
is a miser, were to say that he had neglected the acquisition of some
large sum of money for the sake of performing some inconsiderable
duty. Or if that which happens in some circumstances, and to some
persons, were asserted to happen habitually in all cases and to
everybody, in this way.--'Those men who are poor have a greater regard
for money than for duty.' 'It is very natural that a murder should
have been committed in that which is a desert place.' How could a man
be murdered in a much frequented place? Or if a thing which is done
seldom is asserted never to be done at all, as Curius asserts in his
speech in behalf of Fulvius, where he says, "No one can fall in love
at a single glance, or as he is passing by."
But that which is assumed as a proof may be invalidated by a
recurrence to the same topics as those by which it is sought to be
established. For in a proof the first thing to be shown is that it is
true, and in the next place, that it is one especially affecting the
matter which is under discussion, as blood is a proof of murder in the
next place, that that has been done which ought not to have been, or
that has not been done which ought to have been and last of all, that
the person accused was acquainted with the law and usages affecting
the matter which is the subject of inquiry. For all these circumstance
are matters requiring proof, and we will explain them more carefully,
when we come to speak about conjectural statements separately.
Therefore, each of these points in a reprehension of the statement of
the adversary must be laboured, and it must be shown either that such
and such a thing is no proof, or that it is an unimportant proof, or
that it is favourable to oneself rather than to the adversary, or that
it is altogether erroneously alleged, or that it may be diverted so as
to give grounds to an entirely different suspicion.
XLIV. But when anything is alleged as a proper object of comparison,
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