w ought always to have some
point of equity to allege on his side. For it is the greatest possible
impudence for a man who wishes to establish some point in opposition
to the exact letter of the law, not to attempt to fortify himself in
so doing, with the assistance of the law. If therefore the accuser in
any respect weakens the defence by this topic, he will appear in
every respect to have more justice and probability in favour of
his accusation. For all the former part of his speech has had this
object,--that the judges should feel it impossible, even if they
wished it, to avoid condemning the accused person; but this part has
for its object the making them wish to give such a decision, even if
it were not inevitable.

And that result will be obtained, if we use those topics by which
guilt may be proved not to be in the man who defends himself, by using
the topic of comparison, or by getting rid of the accusation, or by
recrimination, or by some species of confession, (concerning all which
topics we have already written with all the precision of which we were
capable,) and if we take those which the case will admit of for the
purpose of throwing discredit on the argument of our adversary;--or
if reasons and arguments are adduced to show why or with what design
those expressions were inserted in the law or will in question, so
that our side of the question may appear established by the meaning
and intention of the writer, and not only by the language which he has
employed. Or the fact may be proved by other statements and arguments.

XLVII. But any one who speaks against the letter of the law will first
of all introduce that topic by which the equity of the excuse is
proved; or he will point out with what feelings, with what design, and
on what account he did the action in question. And whatever excuse he
alleges he will defend according to some of the rules which I have
already given with respect to assumptions. And when he has dwelt on
this topic for some time, and set forth the principles of his conduct
and the equity of his cause in the most specious manner he can, he
will also add, in opposition to the arguments of his adversaries,
that it is from these topics for the most part that excuses which are
admissible ought to be drawn. He will urge that there is no law which
sanctions the doing of any disadvantageous or unjust action; that all
punishments which are enacted by the laws have been enacted for the
sake of