me, and on what account it was done. And
this topic is so common, that if it is well handled in this cause it
is likely to be of great weight in convincing the hearers. And there
is another topic, by means of which the magnitude of the service done
is demonstrated with very great amplification, by reference to the
usefulness, or honourableness, or necessity of the action. And there
is a third topic, by means of which the matter which is expressed in
words is placed before the eyes of those men who are the hearers, so
that they think that they themselves also would have done the same
things, if the same circumstances and the same cause for doing so had
happened to them at the same time.

The retorting of a charge takes place, when the accused person,
having confessed that of which he is accused, says that he did it
justifiably, being induced by the sin committed against him by the
other party. As in this case--"Horatius, when he had slain the three
Curiatii and lost his two brothers, returned home victorious. He saw
his sister not troubled about the death of her brothers, but at the
same time calling on the name of Curiatius, who had been betrothed to
her, with groans and lamentation. Being indignant, he slew the maid".
He is prosecuted.

The charge is, "You slew your sister wrongfully". The refutation is "I
slew her lawfully". The question is, "Whether he slew her lawfully".
The reason is, "Yes, for she was lamenting the death of enemies, and
was indifferent to that of her brothers, she was grieved that I and
the Roman people were victorious". The argument to invalidate this
reason is, "Still she ought not to have been put to death by her
brother without being convicted". On this the question for the
decision of the judges is, "Whether when Horatia was showing her
indifference to the death of her brothers, and lamenting that of the
enemy, and not rejoicing at the victory of her brother and of the
Roman people, she deserved to be put to death by her brother without
being condemned".

XXVII For this kind of cause, in the first place, whatever is given
out of the other statements of cases ought to be taken, as has been
already enjoined when speaking of comparison. After that, if there is
any opportunity of doing so, some statement of the case ought to be
employed by which he to whom the crime is imputed may be defended. In
the next place, we ought to argue that the fault which the accused
person is imputing to another,