methods most suitable for persuasion by oratory, and its finis to achieve this persuasion, Cicero confines himself for the present to the materia and partes. Now the materia, subject-matter, or form of a speech, may belong to one of three classes, according to the nature of the audience. (Comp. Partit. Orat. 3.) 1. The genus demonstrativum (γένος ἐπιδεικτικόν), addressed to mere listeners who study the oratory as an exhibition of art. 2. The genus deliberativum (γένος συμβουλευτικόν) addressed to those who judge of the future as in legislative and political assemblies. 3. The genus judiciale (γένος δικανικόν), addressed to those who judge of the past as in courts of law. Again, the partes rhetoricae or constituent elements of a speech are five. 1. The invention of arguments (inventio). 2. The arrangement of these arguments (dispositio). 3. The diction in which these arguments are expressed (eloquutio). 4. The clear and distinct perception in the mind of the things and words which compose the arguments and the power of producing them at the fitting season (memoria). 5. The delivery, comprehending the modulation of the voice, and the action of the body (pronuntiatio). These points being premised, it is proposed to treat of inventio generally and independently, and then to apply the principles established to each of the three classes under which the materia may be ranged, according to the following method:
Every case which gives rise to debate or difference of opinion (controversia) involves a question, and this question is termed the constitution (constitutio) of the case. The constitution may be fourfold. 1. When the question is one of fact (controversia facti), it is a constitution conjecturalis. 2. When both parties are agreed as to the fact, but differ as to the name by which the fact ought to be distinguished (controversia nominis), it is a constitutio definitiva. 3. When the question relates to the quality of the fact (generis controversia), it is a constitutio generalis. 4. When the question concerns the fitness or propriety of the fact (quum aut quem, aut quicum, aut quomodo, aut apud quos, aut quo jure, aut quo tempore agere oporteat quaeretur), it is a constitutio translativa. Again, the constitutio generalis admits of being divided into — a. The constitutio juridicialis, in which right and wrong, reward and punishment, are viewed in the abstract; and b. The constitutio negotialis, where they are considered in reference to existing laws and usages; and finally, the constitutio juridicialis is subdivided into α. The constitutio absolute, in which the question of right or wrong is viewed with reference to the fact itself; and β. The constitutio assumptiva, in which the question of right and wrong is viewed not with reference to the fact itself, but to the external circumstances under which the fact took place. The constitutio assumptiva is itself fourfold — (1) concessio. when the accused confesses the deed with which he is charged, and does not justify it but seeks forgiveness, which may be done in two ways, (α) by purgatio, when the deed is admitted but moral guilt is denied in consequence of its having been done unwittingly (imprudentia), or by accident (casu), or unavoidably (necessitate), (β) by deprecatio when the misdeed is admitted to have been done, and to have been done wilfully, but notwithstanding forgiveness is sought — a very rare contingency; (2) remotio criminiis, when the accused defends himself by casting the blame on anotner; (3) relatio criminis, when the deed is justified by previous provocation; (4) comparatio, when the deed is justified by pleading a praiseworthy motive.
The constitution of the case being determined, we must next examine whether the case be simple (simplex) or compound (conjuncta), that is, whether it involves a single question or several, and whether the reasonings do or do not depend upon some written document (in ratione, an in scripto sit controversia). We must then consider the exact point upon which the dispute turns (quaestio), the plea in justification (ratio), the debate which will arise from the reply to the plea of justification (judicatio), and the additional arguments by which the defendant seeks to confirm his plea of justification after it had been attacked by his opponent (firmamentum), which will convert the judicatio into a disceptatio (comp. Part. Orat. 30), and so lead more directly to a decision.
These matters being duty weighed, the orator must proceed to arrange the different divisions of his speech (partes orationis), which are six in number.
1. The Exordium or introduction, which is divided into a. the Principium or opening, and b. the Insinuatio, of which the great object is to awaken the attention and secure the goodwill of the audience. 2. The Narratio or statement of the case. 3. The Partitio or explanation of the manner in which the speaker intends to handle the case, indicating at the same time those points on which both parties are agreed, and those on which they differ. 4. The Confirmatio or array of arguments by which the speaker supports his case. 5. The Reprehensio or confutation of the arguments employed by the antagonist. 6. The Conclusio or peroration, consisting of a. the Enumeratio or brief impressive summary of the whole; b. the Indignatio, which seeks to enlist the passions of the audience, and, c. the Conquestio or appeal to their sympathies.
Each of these six divisions is discussed separately, and numerous rules and precepts are laid down for the guidance of the orator.
In the second book the fifth and sixth of the above divisions, the Confirmatio and Reprehensio are considered at large with direct reference to cases belonging to the Genus Judiciale, and to each of the four constitutions and their subdivisions, after which the two remaining classes, the Genus Deliberatirum and the Genus Demonstrativum, are very briefly noticed, and the dissertation upon Rhetorical invention closes somewhat abruptly.
We have no means of deciding with certainty the exact time at which these books were composed and published. The expressions employed in the De Oratore (i. 2), "quoniam quae pueris aut adolescentulis nobis ex commentariolis nostris inchloata ac rudia exciderunt, vix hac aetate digna et hoc usu quem ex causis, quas diximus, tot tantisque consecuti sumus" (comp. i. 6), point unquestionably to the early youth of Cicero, but without enabling us to fix upon any particular year. They formed, very probably, a portion of the fruits of that study continued incessantly during the period of tranquillity which prevailed in the city while Sulla was engaged in prosecuting the Mithridatic war (в. с. 87—84), and bear the appearance of notes taken down from the lectures of some instructor, arranged, simplified, and expanded by reference to the original sources.
