e
can be so foolish as to be ignorant of the truth in such an affair.
And if that be granted, then the other position cannot be granted,
that the man ever doubted at all what the case was, but that he,
without the least hesitation, considered what was false as false,
and what was true as true. But if he doubted, then it was a proof of
absolute insanity for a man under the influence of a doubtful hope to
incur a certain danger.
But as the accuser when he is seeking to remove the guilt from others
must use the topics proper to an advocate for the defence; so the man
on his trial must use those topics which have been allotted to an
accuser, when he wishes to transfer an accusation from his own
shoulders to those of others.
IX. But conjectures will be derived from the person, if those things
which have been attributed to persons are diligently considered, all
of which we have mentioned in the first book; for sometimes some
suspicion arises from the name. But when we say the name, we mean also
the surname. For the question is about the particular and peculiar
name of a man, as if we were to say that a man is called Caldus
because he is a man of a hasty and sudden disposition; or that
ignorant Greeks have been deceived by men being called Clodius, or
Caecilius, or Marcus.
And we may also derive some suspicious circumstances from nature; for
all these questions, whether it is a man or a woman, whether he is of
this state or that one, of what ancestors a man is descended, who are
his relations, what is his age, what is his disposition, what bodily
strength, or figure, or constitution he has, which are all portions
of a man's nature, have much influence in leading men to form
conjectures.
Many suspicions also are engendered by men's way of life, when the
inquiry is how, and by whom, and among whom a man was brought up and
educated, and with whom he associates, and what system and habits of
domestic life he is devoted to.
Moreover, argumentation often arises from fortune; when we consider
whether a man is a slave or a free man, rich or poor, noble or
ignoble, prosperous or unfortunate; whether he now is, or has been,
or is likely to be a private individual or a magistrate; or, in fact,
when any one of those circumstances is sought to be ascertained which
are attributable to fortune. But as habit consists in some perfect
and consistent formation of mind or body, of which kind are virtue,
knowledge, and their contrarie
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