uestion is what is
honourable, in deliberations, in our opinion, what we inquire is, what
is honourable and at the same time expedient. For the other writers
on this subject have thought it right to limit the consideration of
expediency to speeches directed to persuasion or dissuasion.
Those kinds of discussions then whose objects and results are
different, cannot be governed by the same precepts. Not that we are
saying now that the same statement of the case is not admissible in
all of them, but some kinds of speech arise from the object and kind
of the discussion, if it refers to the demonstration of some kind of
life, or to the delivery of some opinion. Wherefore now, in explaining
controversies, we shall have to deal with causes and precepts of a
judicial kind, from which many precepts also which concern similar
disputes will be transferred to other kinds of causes without much
difficulty. But hereafter we will speak separately of each kind.
At present we will begin with the conjectural statement of a case
of which this example may be sufficient to be given--A man overtook
another on his journey as he was going on some commercial expedition,
and carrying a sum of money with him, he, as men often do entered into
conversation with him on the way, the result of which was, that they
both proceeded together with some degree of friendship, so that when
they had arrived at the same inn, they proposed to sup together and to
sleep in the same apartment. Having supped, they retired to rest in
the same place. But when the innkeeper (for that is what is said to
have been discovered since, after the man had been detected in another
crime) had taken notice of one of them, that is to say, of him who had
the money, he came by night, after he had ascertained that they were
both sound asleep, as men usually are when tired, and took from its
sheath the sword of the one who had not the money, and which sword he
had lying by his side and slew the other man with it and took away
his money, and replaced the bloody sword in the sheath, and returned
himself to his bed.
But the man with whose sword the murder had been committed, rose
long before dawn and called over and over again on his companion; he
thought that he did not answer because he was overcome with sleep; and
so he took his sword and the rest of the things which he had with him,
and departed on his journey alone. The innkeeper not long afterwards
raised an outcry that the m
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