y not to avail oneself of one's power over
a man, over whom one has often wished to have power, and that it is
proper to consider what feelings, or rather what hatred they ought to
entertain towards him. But one common topic to be employed will be
indignation at his offence, and another will be the argument, that it
is right to pity those who are in distress, owing to misfortune, and
not those who are in such a plight through their own wickedness.
Since, then, we have been dwelling so long on the general statement of
the case, on account of the great number of its divisions, in order
to prevent any one's mind from being so distracted by the variety
and dissimilarity of circumstances, and so led into some errors,
it appears right also to remind the reader of what remains to be
mentioned of that division of the subject, and why it remains. We have
said, that that was the juridical sort of examination in which
the nature of right and wrong, and the principles of reward and
punishment, were investigated. We have explained the causes in which
inquiry into right and wrong is proceeded with. It remains now to
explain the principles which regulate the distribution of rewards and
punishments.
XXXVII. For there are many causes which consist of a demand of some
reward. For there is often question before the judges of the rewards
to be conferred on prosecutors, and very often some reward is claimed
for them from the senate, or from the bench of judges. And it is not
advisable that any one should think that, when we are adducing some
instance which is under discussion in the senate, we by so doing are
abandoning the class of judicial examples. For whatever is said
with reference to approving or disapproving of a person, when the
consideration of the opinions of the judges is adapted to that form of
expression, that, even although it is treated with reference to the
language in which the opinion is couched, is a deliberative argument,
still, because it has especial reference to some person, it is to be
accounted also judicial. And altogether, a man who has diligently
investigated the meaning and nature of all causes will perceive that
they differ both in character and in form; but in the other divisions
he will see them all consistent with each other, and every one
connected with the other. At present, let us consider the question of
rewards. Lucius Licinius Crassus, the consul, pursued and destroyed a
band of people in the provi
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