FREE BOOKS

Author's List




PREV.   NEXT  
|<   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   340   341   342   343  
344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   >>   >|  
the quaestor." The argument brought to invalidate that reason is, "Still you ought to have discharged the duty which was entrusted to you by the public authority." The question for the decision of the judges is, "Whether, as the money which ought to have been supplied from the public treasury was not furnished to those men who were appointed ambassadors, they were nevertheless bound to discharge the duties of their embassy." In this class of inquiry, as in all the other kinds, it will be desirable to see if anything can be assumed, either from a conjectural statement of the case, or from any other kind of statement. And after that, many arguments can be brought to bear on this question, both from comparison, and from the transference of the guilt to other parties. But the prosecutor will, in the first place, if he can, defend the man through whose fault the accused person says that that action was done; and if he cannot, he will declare that the fault of the other party has nothing to do with this trial, but only the fault of this man whom he himself is accusing. Afterwards he will say that it is proper for every one to consider only what is his own duty; and that if the one party did wrong, that was no reason for the other doing wrong too. And in the next place, that if the other man has committed a fault, he ought to be accused separately as this man is, and that the accusation of the one is not to be mixed up with the defence of the other. But when the advocate for the defence has dealt with the other arguments, if any arise out of other statements of the case, he will argue in this way with reference to the transference of the charge to other parties. In the first place, he will point out to whose fault it was owing that the thing happened; and in the next place, as it happened in consequence of the fault of some one else, he will point out that he either could not or ought not to have done what the prosecutor says he ought: that he could not, will be considered with reference to the particulars of expediency, in which the force of necessity is involved; that he ought not, with reference to the honourableness of the proceeding. We will consider each part more minutely when talking of the deliberative kind of argument. Then he will say, that everything was done by the accused person which depended on his own power; that less was done than ought to have been, was the consequence of the fault of another person. Aft
PREV.   NEXT  
|<   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   340   341   342   343  
344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   >>   >|  



Top keywords:

accused

 

person

 

reference

 
statement
 

arguments

 

transference

 

defence

 

consequence

 

happened

 
prosecutor

parties

 
question
 
reason
 

argument

 
brought
 

public

 

charge

 

invalidate

 
conjectural
 
statements

desirable

 
accusation
 

separately

 

committed

 
discharged
 

advocate

 

quaestor

 
deliberative
 

talking

 

minutely


depended

 

expediency

 

particulars

 

considered

 

necessity

 

involved

 

proceeding

 

honourableness

 

defend

 

appointed


ambassadors

 

action

 
treasury
 

furnished

 

embassy

 

comparison

 

duties

 
discharge
 

supplied

 

authority