D. All ARGUMENTS are grounded on, and therefore to be fought for from, Reasons, Morals, or Affections.

Reafons are to inform the Judgment, or Inftruct; Morals to procure Favour, or Perfuade; and Affections to move the Paffions, or Please.

ANNOTATIONS.

OBS. I. INVENTION Morbo affecti Cibi fuavitatem

SECT. I.

Of ARGUMENTS from Reason. ARGUMENTS from Reason are either

or Inartificial.

I. ARTIFICIAL RATIONAL ARGUMENTS are fuch as are found out by the Learning and Skill of the Orator, and differ according to the Topic in Hand.

There are three Sorts of TOPICS, Demonftrative, Deliberative, and Juridicial.

ANNOTATIONS.

or preventeth fome Evil; it procures much Pleafure, or Profit, or Reputation; is rewarded; is difficult to attain; is dictated by Nature; is followed with Content, &c. 2. TO PROVE A THING STILL BETTER. Thus: It is the End, and fo better than the Means; it hath a better Tendency; is converfant about a better Object; it is more beneficial, and to more ; more beautiful, lafting; better in Circumftance of Perfon, Time, Place or A&tion. 3. TO AGGRAVATE A CRIME. Thus: It's Damage great, irreparable; it is enhanced from the Quality of the Perfon, by whom, whom; from doing it alone, at firft or often; with no, or fmall, Benefit; with a determinate Purpofe, or without any plaufible Motive; it was contrary to Nature, exprefs Law, Gratitude; was done in

to

an holy Place, Court; againft a Kinfman, Benefactor, Magiitrate; gives Scandal, Encou

I. A

ragement. 4. TO LESSEN A CRIME. Thus: It was not done at all, not fo done, pardonable; not an Injury, but an Error, Misfortune; not done with an ill Mind, with Deliberation; not Part but the whole Action to be confider'd, not that Action only but the whole Courfe of Life; to regard the Intention of the Law, as well as Words; Equity, as well as any particular Law, which cannot provide for all poffible Cafes, &c.— As to IN ARTIFICIAL

ARGUMENTS; Ea CICERO in Topicis Teftimonii Nomine complectitur. Sed ad intelligendum erit facilius, fi cum QUINTILIANO, lib. 5. 1. in Præjudicia, Rumorem, & Famam, Tormenta, Tabulas, Jusjurandum & Teftes, ea Dividamus. Cyp. Soarius, lib. 1. 29.

OBS. II. ORATORIAL

TOPICS. ARISTOTLE's Words are; Tela járn is sózwv is en

τορικών,

TOPIC

I. A DEMONSTRATIVE is when we speak in Praife or Difpraise of any Perfon, Deed, or Thing. 1. Of a PERSON; as, when from his Education, Eloquence, Learning, Wifdom, Virtue, Riches, Dignities, Authority, &c. we praise Cicero; or, from the Contrary, dispraise Cataline. 2. Of a DEED; as, when from the Juftice, Honour, Courage, Time, Place, Manner, &c. of the Fact, we extol the voluntary Return of Regulus to his Enemies; or, from the Contrary, vituperate the Self-Murder of Cato at Utica. 3. Of. a THING; as, when, from it's Importance, Reafonableness, Ufefulness, &c. we praife Virtue; or, from the Contrary, difpraife Vice. In which Topic, you may perceive, moft of the Arguments are taken from what we call Honourable or Dishonourable.

ANNOTATION S.

II. A

τορικῶν, ἐπιδεικτικὸν, συμβα- cit omnia ; nihil enim non in hac λευτικὸν, δικανικόν. 'ET- cadit. Quint. Inft. 1. 2. c. 21. δεικτικά ϋ, τὸ μὲν, ἔπαινο 70 3 16 5, To 5 oz. EvμGas,

Σποτροπή. Δίκης ", τὸ μὲν, κατηγορία· τὸ ἢ ἀπολογία, There are three kinds of Oratorial Topics, Demonftrative, Deliberative, and Juridicial. Of Demonstrative the one Part is Praifing, the other Dpraifing. Of Deliberative the one Part is Perfuafion, the other Diffuafion. Of Juridicial the one Part is Accufing, the other Defending. The End of the firft, fays he, is nandy aixe, Honourable, or dishonourable; of the fecond, upprevný Brabeegv, Advantageous or difadvantageous; of the third, Sixavadinov, Just or unjust Rhet. lib. 1. c. 3. In quibus Oratori fubje.

OBS. III. QUINTILIAN juftly obferves, that young Students pught chiefly to be exercis'd in DEMONSTRATIVE and DELIBERATIVE Topics rather than Juridicial. His Words are, Si Rhetor prima Operis fui Officia non recufat, à Narrationibus ftatim, & laudandi & vituperandi Opufculis Cura ejus defideratur. An ignoramus Antiquis hoc fuiffe ad augendam Eloquentiam Genus Exercitationis, ut Thef dicerent, & Communes Locos, & cætera citra complexum Rerum Perfonarumque, quibus veræ fictaque Controverfiæ continentur. Lib. 2. c. 1. The DEMONSTRATIVE Subjects he mentions are, Laudare claros Viros & Vituperare improbos. Hinc

Exercitatio

II, A DELIBERATIVE TOPIC is when, from the Advantage or Difadantage of a Thing, we either perfuade or diffuad as, when, from the Safety, Profit, and Pleafur of it, we perfuade to Peace; or, from the Contrary, diffuade from

III. A JURIDICIAL TOPIC is when we either Accufe or Defend. Thus Milo, having kill'd Clodius, is accufed by Clodius's Friends, but defended by Cicero. In which Cafe the Arguments differ according to the Stating of itNow

ANNOTATIONS.

The STATING OF A CASE is the Iffue it is brought to from the Accufer's Complaint and the Accufed's Defence. Thus, Milo was accufed for killing Clodius; Milo confess'd he kill'd him, but faid he did it justly. Now the Stating the Cafe here is Whether Milo kill'd Clodius justly or unjustly?

A CASE may be Stated four Ways, viz. Conjectural, Finitive, In Quality, In Quantity.

1. A Cafe is CONJECTURAL, when it is inquir'd Whether the Thing was done or no, as, Whether Milo kill'd Clodius?

2. A Cafe is FINITIVE, when we inquire into the Name, Nature, and Definition of the Crime; as, I own I took it, but I did not commit Theft. Where Theft must be defin'd, &c.

3. A Cafe in QUALITY is, where we inquire in what Manner a Fact was done; as, Milo kill'd Clodius, but he did it justly. Here we must inquire into the Circumftances, and prove from Law what in this Cafe may be deem'd Just or Unjust.

ANNOTATIONS.

farum Conflictione nafcitur; ut, Sylla conjurâfti cum Catilinâ; Depulfio vero Defenforis; Non conjuravi: ex hac prima Conflictione nafcitur illa Quæftio, Corjuraveritne Sylla cum Catilinâ? Lib. 3. 6. Cum igitur quatuor fint, quæ in omni Difputatione quarantur, fit necne, quid fit, quale fit, quantum fit, fit ut Conftitutiones quoque quatuor fint. 1. Conjecturalis; ut, Sit necne infidiatus Miloni Clodius ? 2. Finitiva? ut, Fueritne Cæfar Rex, an Tyrannus 3 Qualitatis, in Qualitatis, in qua de Utilitate, Honeftate, Equitate differitur, & contrariis; ut, Rettenè fecerit Romulus,

3:0

4. A

4.

cum Fratrem interfecit. Quantitatis; ut, Pater Filium verberavit, is Injuriarum cum Patre agit, quafi de magna Culpa; Pater nihil aliud delen dit, nifi licere Filiun à Patre verberari; Culpa parva.· Example of a WHOLE CASE. Oreftes interfecit Matrem. Oreftes confitetur fefe interfeciffe Matrem, fd jure dicit fe interfeciffe. Quare? Illa Patrem meum occiderat. Sed non abs te occidi tamen, neque indemnatam Panas pendere oportuit. Non rectum aut Jure ergo fuerit à Filio fine Judicio Clytemneftram occidi.

OBS.