23 October 2020,
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(51)   Orellius's text has praeceptis oratoris; but we must undoubtedly read oratoriis with Pearce. 4. B. It is composed as a dialogue, featuring the two leading orators of the previous generation - … {45.} For it is not at all surprising that he who is ignorant in what form of words a contract of marriage is made, should be able to defend the case of a woman who has formed such a contract; nor, though the same skill in steering is requisite for a small as for a large vessel, is he therefore, who is ignorant of the form of words by which an estate is to be divided, incapable of pleading a case relative to the division of an estate. If you will speak somewhat more at length on those points, you will satisfy all the eagerness of our long desire. For I am not going to speak about art, which I never learned, but about my own practice; and those very particulars which I have entered in my common-place book are of this kind, ** not expressed with anything like learning, but just as they are treated in business and pleadings; and if they do not meet with approbation from men of your extensive knowledge, you must blame your own unreasonableness, in requiring from me what I do not know; and you must praise my affability, since I make no difficulty in answering your questions, being induced, not by my own judgment, but your earnest desire." But if he who is restricted to a certain modulation of numbers and feet, meditates, notwithstanding, something for his ease in the decline of life, how much more easily can we? vii. Quint, xii. {60.} If, therefore, any one of us has to look at his grounds, or give any directions about agriculture to his steward, or any orders to his bailiff, must we study the books of Mago the Carthaginian, ** or may we be content with our ordinary knowledge? This was a game played with counters on a board, moved according to throws of the dice, but different from our backgammon. Tusc.. Quaest. What particular law did he recite? Many copies omit the negative, an omission approved by Ernesti, Henrichsen, and Ellendt.

(26)   When a person, in the presence of five witnesses and a libripens, assigned his property to somebody as his heir. For aliquam Manutius conjectured illam, which Lambinus, Ernesti, and Mueller approve.

(29)   Tum, quum dicebas, non videbam. He was consul with Gnaeus Domitius, 162 B.C. (7)   Iura publica.

(16)   Duodecim scriptis. Nay, rather, if you had defended the will, you would have argued in such a manner, that the entire validity of all wills whatsoever would have seemed to depend upon that single trial; or, if you had pleaded the case of the soldier, you would have raised his father, with your usual eloquence, from the dead; you would have placed him before the eyes of the audience; he would have embraced his son, and with tears have recommended him to the centumviri; you would have forced the very stones to weep and lament, so that all that clause, as the tongue had declared, would seem not to have been written in the Twelve Tables, which you prefer to all libraries, but in some mere formula of a teacher. (15)   Sciet--excellet. What did he explain in his speech that was unintelligible to the unlearned? Click on ** to go to the translator's … 'Though we be much occupied, yet we can visit our farms.'. and many besides, who, after arriving at distinction by means of their ability, attained such influence, that in answering questions on points of law, ** they found their authority of more weight than even their ability. (53)   Retire from the heat, like Scaevola, and take rest. In consequence, he also was condemned, not only by the first votes, by which the judges only decided whether they should acquit or condemn, but also by those which, in conformity with the laws, they were obliged to give afterwards. Scaevola then said, "Indeed, I could wish that I had not made an appointment with Laelius to go to that part of the Tusculan territory today. Proust. [237] L   "But as to your wonder at the effrontery of those advocates who, though they were ignorant of small things, profess great ones, or who ventured, in the management of cases, to treat of the most important points in the civil law, though they neither understood nor had ever learned them, the defence on both charges is easy and ready.

after themselves, the art of speaking well, that is to say, of speaking with knowledge, skill and elegance, learning.   |   06.06.19

1121. (22)   See the Paradox of Cicero on the words Omnes sapientes liberi, omnes stulti servi. Dr. Taylor, in his History of the Roman Law, p. 62, has given us the heads of the Roman Ius publicum, which were: religion and divine worship; peace and war legislation; exchequer and res fisci; escheats; the prerogative; law of treasons; taxes and imposts; coinage; jurisdiction; magistracies; regalia; embassies; honours and titles; colleges, schools, corporations; castles and fortifications; fairs, mercats, staple; forests; naturalization. i.

The word munionem is corrupt.

(50)   In one period or sentence he twice raised and twice lowered his voice: he raised it in the former members of the period, and lowered it in the latter; and this he did in one breath. [205] "To us," said Sulpicius, "these instructions are exceedingly pleasant and delightful; but there are a few things more which we still desire to hear, especially those which were touched upon so briefly by you, Crassus, in reference to oratory as an art, when you confessed that you did not despise them, but had learned them. a most eloquent orator, brought him a written speech, which, if he pleased, he might learn by heart and repeat at his trial, he willingly read it over, and said it was written in a manner very well suited to the occasion; but, said he, if you had brought me Sicyonian shoes, ** I should not wear them, though they might be easy and suit my feet, because they would be effeminate; so that speech seems to me to be eloquent and becoming an orator, but not fearless and manly.

[221] But the orator, by his eloquence, represents all those things which, in the common affairs of life, are considered evil and troublesome, and to be avoided, as heavier and more grievous than they really are; and at the same time amplifies and embellishes, by power of language, those things which to the majority of mankind seem inviting and desirable; nor does he wish to appear so very wise among fools, as that his audience should think him impertinent or a pedantic Greek, or, though they very much approve his understanding, and admire his wisdom, yet should feel uneasy that they themselves are but idiots to him; [222] but he so effectually penetrates the minds of men, so works upon their senses and feelings, that he has no occasion for the definitions of philosophers, or to consider in the course of his speech, 'whether the chief good lies in the mind or in the body;' 'whether it is to be defined as consisting in virtue or in pleasure;' 'whether these two can be united and coupled together;' or 'whether,' as some think, 'nothing certain can be known, nothing clearly perceived and understood;' questions in which I acknowledge that a vast multiplicity of learning, and a great abundance of varied reasoning is involved: [223] but we seek something of a far different character; we want a man of superior intelligence, sagacious by nature and from experience, who can acutely divine what his fellow-citizens, and all those whom he wishes to convince on any subject by his eloquence, think, feel, imagine, or hope. Proust. Cicero defends himself by the example of their 'god Plato,' as he calls him, in his book De Republica; where the scene being laid in the house of an old gentleman, Cephalus, the old man, after bearing a part in the first conversation, excuses himself, saying, that he must go to prayers, and returns no more, Plato not thinking it suitable to his age to be detained in the company through so long a discourse.

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