[31] Ibid., ii. 88, 97 ff. Brutus 202, 276, 286, Orat. 99, 143, 214.
[32] De Orat. iii. 131 and 124.
[33] Orator, 191 ff. When in Orat. 213 Cicero attempts to analyze the measures of Carbo his theory fails him. Again in 217, when he enumerates the feet that Greek theory allowed he fails to notice that his own feeling for Latin rhythms demanded a cretic before all of them. Indeed his selection of passages from his own orations in 210 is faulty (see Kroll’s commentary). In fact his usage is far truer to the genius of Latin than his theory. It is probable that Tyrannio, with whom he discussed Greek accents and rhythms during this period (ad Att. xii. 6, 2—about June 46) misled him. We need also to bear in mind Cicero’s statements that the ear unconsciously operates in selecting good rhythms (Brutus, 34) and that the tendency to seek balance—a very old quality of native Latin verse—also produces rhythm (doubtless because of the paenultimate law) (Orator, 167, 220). Needless to say, what compelled Cicero to shape clausulae somewhat unlike those of Isocrates was the stress-accent of Latin operating under the penultimate law.
[34] Orator, 224.
[35] This in turn tends to produce measured prose rhythm in Latin, Orat. 167, 220.
[36] Brutus 69. He adds that uneducated peasants often use metaphors, Orat. 81.
[37] De Orat. i. 105 non Graeci loquacitatem sine usu neque ex scholis cantilenam requirunt; ii. 77-84. Cicero made a summary of the rules in his youth (the De Inventione) but none of his speeches follow these rules closely.
[38] Orat. 102.
[39] Gotzes, De Ciceronis tribus generibus dicendi.
[40] Orat. 102 ff. and especially, Orat. 24, where he says explicitly: eloquentiae moderatrix fuit auditorum prudentia.