or
necessity appear to have operated, and to distinguish between such
instances and the allegations put forward by the accused person, (that
is to say, to show that there is no resemblance between them,) because
this was a lighter or an easier matter, or one which did not admit of
any one's being ignorant respecting it, or one which gave no room for
accident or necessity. After that it must be shown that it might have
been avoided, and, that the accused person might have prevented it if
he had done this thing, or that thing, or that he might have guarded
against being forced to act in such a manner. And it is desirable to
prove by definitions that this conduct of his ought not to be called
imprudence, or accident, or necessity, but indolence, indifference, or
fatuity.

And if any necessity alleged appears to have in it anything
discreditable, it will be desirable for the opponent, by a chain of
common topics, to prove that it would have been better to suffer
anything, or even to die, rather than to submit to a necessity of the
sort. And then, from these topics, which have been already discussed
when we spoke of the question of fact, it will be desirable to inquire
into the nature of law and equity, and, as if we were dealing with
an absolute juridical question, to consider this point by itself
separately from all other points. And in this place, if there should
be an opportunity, it will be desirable to employ instances in which
there can be no room for any similar excuse, and also to institute a
comparison, showing that there would have been more reason to allow it
in them, and by reference to the divisions of deliberation, it may be
shown that it is admitted that that action which was committed by the
adversary is confessed to have been discreditable and useless, that
it is a matter of great importance, and one likely to cause great
mischief, if such conduct is overlooked by those who have authority to
punish it.

XXXIII. But the advocate for the defence will be able to convert all
these arguments, and then to use them for his own purposes. And
he will especially dwell on the defence of his intentions, and in
exaggerating the importance of that which was an obstacle to his
intentions, and he will show that he could not have done more than he
did do, and he will urge that in all things the will of the doer ought
to be regarded, and that it is quite impossible that he should be
justly convicted of not being free fro