an was murdered, and in company with some
of his lodgers pursued the man who had gone away. They arrest him on
his journey, draw his sword out of its sheath, and find it bloody, the
man is brought back to the city by them, and put on his trial. On this
comes the allegation of the crime, "You murdered him," and the denial,
"I did not murder him," and from this is collected the statement of
the case. The question in the conjectural examination is the same as
that submitted to the judges, "Did he murder him, or not?"

V. Now we will set forth the topics one portion of which applies to
all conjectural discussion. But it will be desirable to take notice of
this in the exposition of these topics and of all the others, and to
observe that they do not all apply to every discussion. For as every
man's name is made up of some letters, and not of every letter, so it
is not every store of arguments which applies to every argumentation,
but some portion which is necessary applies to each. All conjecture,
then, must be derived either from the cause of an action, or from the
person, or from the case itself.

The cause of an action is divided into impulsion and ratiocination.
Impulsion is that which without thought encourages a man to act in
such and such a manner, by means of producing some affection of
the mind, as love, anger, melancholy, fondness for wine, or indeed
anything by which the mind appears to be so affected as to be unable
to examine anything with deliberation and care, and to do what it does
owing to some impulse of the mind, rather than in consequence of any
deliberate purpose.

But ratiocination is a diligent and careful consideration of whether
we shall do anything or not do it. And it is said to have been in
operation, when the mind appears for some particular definite reason
to have avoided something which ought not to have been done, or to
have adopted something which ought to have been done, so that if
anything is said to have been done for the sake of friendship, or of
chastising an enemy, or under the influence of fear, or of a desire
for glory or for money, or in short, to comprise everything under
one brief general head, for the sake of retaining, or increasing, or
obtaining any advantage; or, on the other hand, for the purpose of
repelling, or diminishing, or avoiding any disadvantage;--for those
former things must fall under one or other of those heads, if either
any inconvenience is submitted to for the