CHAPTER XVI.
OF PROOF OR CONFIRMATION, AND REFUTATION.
_Proofs_ are to be applied to something controverted.
The controversy in _judicial_ orations is, whether it has been _done_; whether it has been _hurtful_; whether the matter be _so great_; and whether it be _just, or no_.
In a question of _fact_, one of the parties of necessity is faulty; for ignorance of the _fact_ is no excuse; and therefore the _fact_ is chiefly to be insisted on.
In _demonstratives_, the _fact_ for the most part is supposed: but the _honour_ and _profit_ of the fact are to be _proved_.
In _deliberatives_, the question is, whether the thing _be like to be, or likely to be so great_; or whether it be _just_; or whether it be _profitable_.
Besides the application of the _proof_ to the question, a man ought to observe whether his adversary have lied in any point without the cause. For it is a sign he does the same in the cause.
The _proofs_ themselves are either _examples_, or _enthymemes_.
A _deliberative_ oration, because it is of things to come, requireth rather _examples_ than _enthymemes_.
But a _judicial_ oration, being of things past, which have a necessity in them, and may be concluded syllogistically, requireth rather _enthymemes_.
_Enthymemes_ ought not to come too thick together: for they hinder one another’s force by confounding the hearer.
Nor ought a man to endeavour to prove everything by enthymeme, lest like some philosophers he collect what is _known_, from what is _less known_.
Nor ought a man to use enthymemes, when he would move the hearer to some affection. For seeing divers motions do mutually destroy or weaken one another, he will lose either the _enthymeme_, or the _affection_ that he would move.
For the same reason, a man ought not to use enthymemes when he would express _manners_.
But whether he would move _affection_, or insinuate his _manners_, he may withal use _sentences_.
A _deliberative_ oration is more difficult than a _judicial_, because it is of the _future_; whereas a _judicial_ is of that which is _past_, and that consequently may be known; and because it has _principles_, namely, the _law_; and it is easier to _prove_ from _principles_, than without.
Besides, a _deliberative_ oration wants those helps of _turning to the adversary_, of _speaking of himself_, of _raising passion_.
He therefore that wants matter in a deliberative oration, let him bring in some person to praise or dispraise. And in demonstratives, he that has nothing to say in _commendation_ or _discommendation_ of the _principal party_, let him _praise_ or _dispraise_ somebody else, as his _father_ or _kinsman_, or the very _virtues_ or _vices_ themselves.
He that wants not _proofs_, let him not only _prove_ strongly, but also insinuate his _manners_: but he that has no _proof_, let him nevertheless insinuate his _manners_. For a _good man_ is as acceptable as an _exact oration_.
Of _proofs_, those that _lead to an absurdity_, please better than those that are _direct_ or _ostensive_; because from the comparison of contraries, namely, _truth_ and _falsity_, the force of the syllogism does the better appear.
_Confutation_ is also a part of _proof_. And he that speaks first, puts it _after_ his own proofs; unless the controversy contain many and different matters. And he that speaks last, puts it _before_. For it is necessary to make way for his own oration, by removing the objections of him that spake before. For the mind abhors both the man and his oration, that is damned beforehand.
If a man desire his _manners_ should appear well, lest speaking of himself, he become odious, or troublesome, or obnoxious to obtrectation; or speaking of another, he seem contumelious or scurrilous; let him introduce another person.
Last of all, lest he cloy his hearer with _enthymemes_, let him vary them sometimes with _sentences_, but such as have the same force. As here is an _enthymeme_: _If it be then the best time to make peace, when the best conditions of peace may be had; then the time is now, while our fortune is entire_. And this is a _sentence_ of equal force to it: _Wise men make peace, while their fortune is entire_.
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