The Orations of Marcus Tullius Cicero, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 784 pages of information about The Orations of Marcus Tullius Cicero, Volume 4.

The Orations of Marcus Tullius Cicero, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 784 pages of information about The Orations of Marcus Tullius Cicero, Volume 4.

Arguments are said to be connected together which are derived from words of the same kind.  But words are of the same kind which, originating from one word, are altered in various ways; as, “sapiens, sapienter, sapientia.”  The connexion of these words is called [Greek:  suxugia]; from which arises an argument of this kind:  “If the land is common, every one has a right to feed his cattle on it.”

An argument is derived from the kind of word, thus:  “Since all the money has been bequeathed to the woman, it is impossible that that ready money which was left in the house should not have been bequeathed.  For the species is never separated from the genus as long as it retains its name:  but ready money retains the name of money:  therefore it is plain that it was bequeathed.”

An argument is derived from the species, which we may sometimes name, in order that it may be more clearly understood; in this manner:  “If the money was bequeathed to Fabia by her husband, on the supposition that she was the mother of his family; if she was not his wife, then nothing is due to her.”  For the wife is the genus:  there are two kinds of wife; one being those mothers of a family which become wives by coemptio; the other kind are those which are only considered wives:  and as Fabia was one of those last, it appears that nothing was bequeathed to her.

An argument is derived from similarity, in this way:  “If those houses have fallen down, or got into disrepair, a life-interest in which is bequeathed to some one, the heir is not bound to restore or to repair them, any more than he is bound to replace a slave, if a slave, a life-interest in whom has been bequeathed to some one, has died.”

An argument is derived from difference, thus:  “It does not follow, if a man has bequeathed to his wife all the money which belonged to him, that therefore he bequeathed all which was down in his books as due to him; for there is a great difference whether the money is laid up in his strong box, or set down as due in his accounts.”

An argument is derived from contraries, thus:  “That woman to whom her husband has left a life-interest in all his property, has no right, if his cellars of wine and oil are left full, to think that they belong to her; for the use of them is what has been bequeathed to her, and not the misuse:  and they are contrary to one another.”

IV.  An argument is derived from adjuncts, thus:  “If a woman has made a will who has never given up her liberty by marriage, it does not appear that possession ought to be given by the edict of the praetor to the legatee under that will; for it is added, that in that case possession would seem proper to be given by that same edict, according to the wills of slaves, or exiles, or infants.”

Arguments are derived from antecedents, and consequents, and contradictories, in this way.  From antecedents:  “If a divorce has been caused by the fault of the husband, although the woman has demanded it, still she is not bound to leave any of her dowry for her children.”

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The Orations of Marcus Tullius Cicero, Volume 4 from Project Gutenberg. Public domain.