Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

But these arguments may readily be met by arguments from dissimilars:

It is not the same thing for the master of the house to have intercourse with a female slave as for the mistress to have intercourse with a male slave; nor does it follow that because dumb animals pursue pleasure, reasoning beings should do likewise.
Or they may even be met by arguments from opposites; as for instance,
Because pleasure is an end sought by dumb animals, it should not be sought by reasoning beings.

Authority also may be drawn from external sources to support a case. Those who follow the Greeks, who call such arguments κρίσεις, style them judgments or adjudications, thereby referring not to matters on which judicial sentence has been pronounced (for such decisions form examples or precedents), but to whatever may be regarded as expressing the opinion of nations, peoples, philosophers, distinguished citizens, or illustrious poets. Nay,

even common sayings and popular beliefs may be found to be useful. For they form a sort of testimony, which is rendered all the more impressive by the fact that it was not given to suit special cases, but was the utterance or action of minds swayed neither by prejudice or influence, simply because it seemed the most honourable or honest thing to say or do.

For instance, if I am speaking of the misfortunes of this mortal life, surely it will help me to adduce the opinion of those nations who hold that we should weep over the new-born child and rejoice

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over the dead. Or if I am urging the judge to shew pity, surely my argument may be assisted by the fact that Athens, the wisest of all states, regarded pity not merely as an emotion, but even as a god. Again,

do we not regard the precepts of the Seven Wise Men as so many rules of life? If an adulteress is on her trial for poisoning, is she not already to be regarded as condemned by the judgment of Marcus Cato, who asserted that every adulteress was as good as a poisoner? As for reflexions drawn from the poets, not only speeches, but even the works of the philosophers, are full of them; for although the philosophers think everything inferior to their own precepts and writings, they have not thought it beneath their dignity to quote numbers of lines from the poets to lend authority to their statements.

Again, a remarkable example of the weight carried by authority is provided by the fact that when the Megarians disputed the possession of Salamis with the Athenians, the latter prevailed by citing a line from Homer, [*](II. ii. 558. Twelve ships great Ajax brought from Salamis, And ranged them where the Athenian army stood. ) which is not however found in all editions, to the effect that Ajax united his ships with those of the Athenians.

Generally received sayings also become common property owing to the very fact that they are anonymous, as, for instance,

Friends are a treasure,
or
Conscience is as good as a thousand witnesses,
or, to quote Cicero, [*](Cato maj. iii 7. )
In the words of the old proverb, birds of a feather flock together.
Sayings such as these would not have acquired immortality had they not carried conviction of their truth to all mankind.

Some include under this head the supernatural authority that is derived from oracles, as for instance the response asserting that Socrates was the wisest of mankind: indeed, they

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rank it above all other authorities. Such authority is rare, but may prove useful. It is employed by Cicero in his speech on the Replies of the Soothsayers [*](de har. resp. passim. The soothsayers consulted as to the significance of certain prodigies had replied that they were due to the profanation of sacred rites. Clodius interpreted this as referring to the rebuilding of Cicero's house. Cicero argued against this in a speech to the senate (56 B.C.). ) and in the oration in which he denounced Catiline to the people, [*](in Cat. III. ix. 21. ) when he points to the statue of Jupiter crowning a column, and again in the pro Ligario, [*](vi. 19.) where lie admits the cause of Caesar to be the better because the gods have decided in his favour. When such arguments are inherent in the case itself they are called supernatural evidence; when they are adduced from without they are styled supernatural arguments.