take care that the treaty was solemnised
with all the regular formalities." The argument to invalidate this
reason is, "But since you became an accomplice in a most infamous
treaty, sanctioned with the most formal solemnities of religion, you
ought to be surrendered." The question for the judges to decide is
"Whether, since a man who had no official authority was present, by
the command of the general, aiding and abetting in the adopting of
the treaty, and in that important religious ceremony, he ought to be
surrendered to the enemy or not." This kind of question is so far
different from the previous one, because in that the accused person
admits that he ought to have done what the prosecutor says ought
to have been done, but he attributes the cause to some particular
circumstance or person, which was a hindrance to his own intention,
without having recourse to any admission. For that has greater force,
which will be understood presently. But in this case a man ought
not to accuse the opposite party, nor to attempt to transfer the
criminality to another, but he ought to show that that has not and
never has had any reference whatever to himself, either in respect
of power or duty. And in this kind of cause there is this new
circumstance, that the prosecutor often works up a fresh accusation
out of the topics employed, to remove the guilt from the accused
person. As for instance,--"If any one accuses a man who, while he was
praetor, summoned the people to take up arms for an expedition, at
a time when the consuls were in the city." For as in the previous
instance the accused person showed that the matter in question had
no connexion with his duty or his power, so in this case also, the
prosecutor himself, by removing the action done from the duty and
power of the person who is put on his trial, confirms the accusation
by this very argument. And in this case it will be proper for each
party to examine, by means of all the divisions of honour and
expediency, by examples, and tokens, and by arguing what is the duty,
or right, or power of each individual, and whether he had that right,
and duty, and power which is the subject of the present discussion, or
not. But it will be desirable for common topics to be assumed from the
case itself, if there is any room in it for expressions of indignation
or complaint.

XXI. The admission of the fact takes place, when the accused person
does not justify the fact itself, but demands to