aw itself. Why did he write down such words if he did not mean them?
Why does the opponent, while he neglects what is plainly written,
bring forward what is not written anywhere? Why should he think that
men who were most careful in what they wrote are to be convicted of
extreme folly? What could have hindered the framer of this law from
making this exception which the opponent contends that he intended to
make, if he really had intended it? He will then bring forward those
instances where the same writer has made a similar exception, or if
he cannot do that, at least he will cite cases where others have made
similar exceptions. For a reason must be sought for, if it is possible
to find one, why this exception was not made in this case. The law
must be stated to be likely to be unjust, or useless, or else that
there is a reason for obeying part of it, and for abrogating part; it
must be that the argument of the opponent and the law are at variance.
And then, by way of amplification, it will be proper, both in other
parts of the speech, and above all in the peroration, to speak with
great dignity and energy about the desirableness of maintaining the
laws, and of the danger with which all public and private affairs are
threatened.

XXXIX. But he who defends himself by appeals to the spirit and
intention of the law, will urge that the force of the law depends on
the mind and design of the framer, not on words and letters. And he
will praise him for having mentioned no exceptions in his law, so
as to leave no refuge for offences, and so as to bind the judge to
interpret the intention of the law according to the actions of each
individual. Then he must cite instances in which all equity will be
disturbed if the words of the law are attended to and not the meaning.
Then all cunning and false accusation must be endeavoured to be put
before the judge in an odious light, and complaints uttered in a
tone of indignation. If the action in question has been done
unintentionally, or by accident, or by compulsion, rather than in
consequence of any premeditation,--and actions of those kinds we have
already discussed,--then it will be well to use the same topics of
equity to counteract the effect of the harshness of the language.

But if the written laws contradict one another, then the connexion of
art is such, and most of its principles are so connected and linked
together, that the rules which we a little while ago laid down for
ca