ious in dealing with common topics; which are called
common, because they appear to belong to many causes, but still ought
to be considered as peculiar to some individual ones.
But that division of a speech which refers to the universal genus
often contains whole causes; for whatever that is on which there is,
as it were, a contest and dispute, which in Greek is called [Greek
krinomenon], that ought to be expressed in such a manner that it may
be transferred to the general inquiry and be spoken of the whole
genus; except when a doubt is raised about the truth; which is
often endeavoured to be ascertained by conjecture. But it shall be
discussed, not in the fashion of the Peripatetics (for it is a very
elegant exercise of theirs, to which they are habituated ever since
the time of Aristotle), but with rather more vigour; and common topics
will be applied to the subject in such a manner, that many things will
be said gently in behalf of accused persons, and harshly against the
adversaries.
But in amplifying matters, and, on the other hand, in discarding them,
there is nothing which oratory cannot effect. And that must be done
amid the arguments, as often as any opportunity is afforded one,
of either amplifying or diminishing: and may be done to an almost
infinite extent in summing up.
XXXVII. There are two things, which, when well handled by an orator,
make eloquence admirable. One of which is, that which the Greeks call
[Greek: haethikon], adapted to men's natures, and manners, and to
all their habits of life; the other is, that which they call [Greek:
pathaetikon], by which men's minds are agitated and excited, which
is the especial province of oratory. The former one is courteous,
agreeable, suited to conciliate good-will; the latter is violent,
energetic, impetuous, by which causes are snatched out of the fire,
and when it is hurried on rapidly it cannot by any means be withstood.
And by the use of this kind of oratory we, who are but moderate
orators, or even less than that, but who have at all times displayed
great energy, have often driven our adversaries from every part of
their case. That most consummate orator, Hortensius, was unable to
reply to me, on behalf of one of his intimate friends; that most
audacious of men, Catiline, was dumb when impeached in the senate by
me. When Curio, the father, attempted in a private cause of grave
importance to reply to me, he suddenly sat down, and said, that he was
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