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ly probable, must inevitably be assumed from these topics, as we have already pointed out. XLIII. What is assumed as something credible is invalidated, if it is either manifestly false, in this way:--"There is the one who would not prefer riches to wisdom." Or on the opposite side something credible may be brought against it, in this manner--"Who is there who is not more desirous of doing his duty than of acquiring money?" Or it may be utterly and absolutely incredible, as if some one, who it is notorious is a miser, were to say that he had neglected the acquisition of some large sum of money for the sake of performing some inconsiderable duty. Or if that which happens in some circumstances, and to some persons, were asserted to happen habitually in all cases and to everybody, in this way.--'Those men who are poor have a greater regard for money than for duty.' 'It is very natural that a murder should have been committed in that which is a desert place.' How could a man be murdered in a much frequented place? Or if a thing which is done seldom is asserted never to be done at all, as Curius asserts in his speech in behalf of Fulvius, where he says, "No one can fall in love at a single glance, or as he is passing by." But that which is assumed as a proof may be invalidated by a recurrence to the same topics as those by which it is sought to be established. For in a proof the first thing to be shown is that it is true, and in the next place, that it is one especially affecting the matter which is under discussion, as blood is a proof of murder in the next place, that that has been done which ought not to have been, or that has not been done which ought to have been and last of all, that the person accused was acquainted with the law and usages affecting the matter which is the subject of inquiry. For all these circumstance are matters requiring proof, and we will explain them more carefully, when we come to speak about conjectural statements separately. Therefore, each of these points in a reprehension of the statement of the adversary must be laboured, and it must be shown either that such and such a thing is no proof, or that it is an unimportant proof, or that it is favourable to oneself rather than to the adversary, or that it is altogether erroneously alleged, or that it may be diverted so as to give grounds to an entirely different suspicion. XLIV. But when anything is alleged as a proper object of comparison,
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