ready given;
provided that the importance of the facts, or the envy of men, or the
dignity of the parties, will allow of it.
XXXVII. _C.F._ I understand that. Now I wish to hear you speak of that
part which, when the question is what is the character of such and
such a transaction, will be suitable both for the accusation and also
for the defence.
_C.P._ In a cause of that kind those who are accused confess that they
did the very thing for which they are blamed; but since they allege
that they did it lawfully, it is necessary for us to explain the
whole principles of law. And that is divided into two principal
divisions,--natural law and statute law. And the power of each of
these is again distributed into human law and divine law; one of which
refers to equity and the other to religion. But the power of equity
is two-fold: one part of which is upheld by considerations of what is
straightforward, and true, and just, and, as it is said, equitable and
virtuous; the other refers chiefly to requiting things done to one
suitably,--which in the case of that which is to be requited being a
kindness, is called gratitude, but when it is an injury, it is called
revenge. And these principles are common both to natural and statute
law. But there are also other divisions of law; for there is both the
written and the unwritten law,--each of which is maintained by the
rights of nations and the customs of our ancestors. Again, written
law is divided into public law and private law. Public law is laws,
resolutions of the senate, treaties; private law is accounts,
covenants, agreements, stipulations.
But those laws which are unwritten, owe their influence either to
custom or to some agreement between, and as it were to the common
consent of men. And indeed it is in some degree prescribed to us by
the laws of nature, that we are to uphold our customs and laws. And
since the foundations of equity have been briefly explained in this
manner, we ought to meditate carefully, with reference to causes of
this kind, on what is to be said in our speeches about nature, and
laws, and the customs of our ancestors, and the repelling of injuries,
and revenge, and every portion of human rights. If a man has done
anything unintentionally, or through necessity, or by accident, which
men would not be excused for doing if they did it of their own accord
and intentionally, by way of deprecating punishment for the action he
should implore pardon and in
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