§7.1.34quae res autem faciliorem divisioni viam praestat, eadem inventioni quoque, excutere quidquid dici potest, et velut reiectione facta ad optimum pervenire.
But the same thing which provides an easier path for division does so for invention as well: namely, to examine thoroughly whatever can be said, and, as if a rejection had been made, to arrive at the best.
accusatur Milo, quod Clodium occiderit.
Milo is accused of having killed Clodius.
aut fecit aut non.
Either he did it or he did not.
optimum erat negare; sed non potest: occidit ergo aut iure aut iniuria utique.
It was best to deny it, but he cannot; therefore he killed him either lawfully or unlawfully at all events.
iure: aut voluntate aut necessitate, nam ignorantia praetendi non potest.
Lawfully: either by will or by necessity, for ignorance cannot be pretended.
§7.1.35voluntas anceps est, sed, quia ita homines putant, attingenda defensio, ut id pro re publica fuerit.
The will is double-edged, but, because men think so, the defense must be attempted that it was for the sake of the state.
necessitate? subita igitur pugna, non praeparata; alter igitur insidiatus est.
By necessity? Then it was a sudden fight, not prepared; therefore one of them laid an ambush.
uter? Profecto Clodius.
Which one? Assuredly Clodius.
videsne, ut ipsa rerum necessitas deducat ad defensionem? adhuc,
Do you see how the very necessity of the facts leads to the defense?
§7.1.36aut utique voluit occidere insidiatorem Clodium aut non.
Further, either he at all events wished to kill Clodius who was laying an ambush, or he did not.
tutius, si noluit.
It is safer if he did not wish to.
fecerunt ergo servi Milonis neque iubente neque sciente Milone.
Therefore, the slaves of Milo did it without Milo's order and without his knowledge.
at haec tam timida defensio detrahit auctoritatem illi, qua recte dicebamus occisum.
But this so timid defense detracts from that authority by which we were saying he was justly killed.
adiicietur: §7.1.37quod suos quisque servos ex tali re facere voluisset.
There will be added: that which everyone would have wished his own slaves to do in such a situation.
hoc eo est utilius, quod saepe nihil placet et aliquid dicendum est.
This is all the more useful because often nothing pleases us and something must be said.
intueamur ergo omnia: ita apparebit aut id quod optimum est aut id quod minime malum.
Let us therefore look at everything: thus either what is best or what is least bad will appear.
propositione aliquando adversarii utendum et esse nonnunquam commune eam, suo loco dictum est.
That the opponent's proposition must sometimes be used, and that it is sometimes common to both sides, has been said in its proper place.
multis milibus versuum scio apud quosdam esse quaesitum, quomodo inveniremus, utra pars deberet prior dicere; quod ex foro vel atrocitate formularum vel modo petitionum vel novissime sorte diiudicatur.
I know that in many thousands of verses it has been inquired by some how we might find which party ought to speak first; which in the forum is decided either by the severity of the formulas, or by the manner of the petitions, or most recently by lot.
in schola quaeri nihil attinet, §7.1.38cum ex declamationibus iisdem narrare et contradictiones solvere tam ab actore quam a possessore concessum sit.
In school it is of no use to inquire, since from the same declamations it is permitted both to the plaintiff and to the possessor to narrate and to solve contradictions.
sed ex plurimis controversiis ne inveniri quidem potest: ut ex illa, Qui tres liberos habebat, oratorem, philosophum, medicum, testamento quattuor partes fecit et singulas singulis dedit, unam eius esse voluit, qui esset utilissimus civitati. §7.1.39contendunt; quis primus dicat, incertum est, propositio tamen certa; ab eo enim, cuius personam tuebimur, incipiendum erit.
But in very many controversies it cannot even be found: as in that one, "A man who had three children, an orator, a philosopher, and a physician, divided his estate into four parts by testament and gave one to each, and wished that one part should belong to him who was most useful to the state." They contend; who should speak first is uncertain, yet the proposition is certain; for we must begin from him whose character we defend.
et haec quidem de dividendo ex universum praecipi possunt.
And these things indeed can be prescribed in general about dividing.
§7.1.40at quomodo inveniemus etiam illas occultiores quaestiones? scilicet, quomodo sententias, verba, figuras, colores: ingenio, cura, exercitatione.
But how shall we find also those more hidden questions? To be sure, in the same way as thoughts, words, figures, and colors: by talent, care, and practice.
non tamen fere unquam nisi imprudentem fugerint, si, ut dixi, naturam sequi ducem velit.
Yet they will almost never escape anyone unless he is careless, if, as I said, he wishes to follow nature as his guide.
§7.1.41sed plerique eloquentiae famam adfectantes contenti sunt locis speciosis modo vel nihil ad probationem conferentibus.
But most people, affecting a reputation for eloquence, are content only with showy commonplaces that contribute nothing to proof.
alii nihil ultra ea quae ex oculos incurrunt exquirendum putant.
Others think that nothing should be sought beyond what strikes the eyes.
quod quo facilius appareat, unam de schola controversiam, non ita sane difficillimam aut novam, proponam ex exemplum.
That this may appear more easily, I will propose as an example one school controversy, indeed not so very difficult or new.
§7.1.42qui reo proditionis patri non adfuerit, exheres sit. proditionis damnatus cum advocato exulet.
"Let him who has not assisted his father when accused of treason be disinherited.
reo proditionis patri disertus filius adfuit, rusticus non adfuit: damnatus abiit cum advocato ex exilium.
Let him who is convicted of treason go into exile with his advocate." An eloquent son assisted his father when accused of treason, a rustic son did not assist him; the convicted father went into exile with his advocate.
rusticus cum fortiter fecisset, praemii nomine impetravit restitutionem patris et fratris.
When the rustic had acted bravely, he obtained as a reward the restitution of his father and brother.
pater reversus intestatus decessit: petit rusticus partem bonorum, orator totum vindicat sibi.
The father having returned died intestate; the rustic claims a share of the property, the orator claims the whole for himself.
§7.1.43hic illi eloquentes quibusque nos circa lites raras sollicitiores ridiculi videmur, invadent personas favorabiles.
Here those eloquent men, to whom we seem ridiculous for being more anxious about rare lawsuits, will attack the favorable characters.
actio pro rustico contra disertum, pro viro forti contra imbellem, pro restitutore contra ingratum, pro eo, qui parte contentus sit, contra eum, qui fratri nihil dare ex paternis velit.
The action for the rustic against the eloquent, for the brave man against the inactive, for the restorer against the ungrateful, for him who is content with a share against him who wishes to give nothing of his father's property to his brother.
quae omnia sunt ex materia et multum iuvant, §7.1.44victoria tamen non trahunt.
All of which are from the material and help much, yet they do not secure victory.
in hac quaerentur sententiae, si fieri poterit, praecipites vel obscurae (nam ea nunc virtus est), et pulchre fuerit cum materia tumultu et clamore transactum.
In this, thoughts will be sought, if possible, that are abrupt or obscure (for that is now considered a virtue), and it will be beautifully settled with the material amid tumult and shouting.
illi vero, quibus propositum quidem melius, sed cura ex proximo est, haec velut innatantia videbunt:
But those indeed whose purpose is better, but whose care is for what is closest, will see these things as it were floating on the surface: