e laws. On
the other side, the speaker will urge, that laws depend upon the
intention of the framer of them, and upon the general advantage,
not upon words, and also, how scandalous it is for equity to be
overwhelmed by a heap of letters, and defended in vain by the
intention of the man who drew up the law.

XLIX. But from contrary laws a controversy arises, when two or more
laws appear to be at variance with one another In this manner--There
is a law, "That he who has slain a tyrant shall receive the regard of
men who conquer at Olympia, and shall also ask whatever he pleases of
the magistrate, and the magistrate shall grant it to him." There is
also another law--"When a tyrant is slain, the magistrate shall also
put to death his five nearest relations." Alexander, who was the tyrant
of Pherse, a city in Thessaly, was slain by his own wife, whose name
was Thebe, at night, when he was in bed with her, she, as a reward,
demands the liberty of her son whom she had by the tyrant. Some say
that according to this law that son ought to be put to death. The
matter is referred to a court of justice. Now in a case of this
kind the same topics and the same rules will suit each side of the
question, because each party is bound to establish his own law, and
to invalidate the one contrary to it. First of all, therefore, it is
requisite to show the nature of the laws, by considering which law has
reference to more important, that is to say, to more honourable and
more necessary matters. From which it results, that if two or more,
or ever so many laws cannot all be maintained, because they are at
variance with one another, that one ought to be considered the most
desirable to be maintained, which appears to have reference to the
most important matters. Then comes the question also, which law was
passed last; for the newest law is the most important. And also, which
law enjoins anything, and which merely allows it; for that which is
enjoined is necessary, that which is allowed is optional. Also one
must consider by which law a penalty is appointed for the violation
of it; or which has the heaviest penalty attached to it; for that law
must be the most carefully maintained which is sanctioned by the most
severe penalties. Again, one must inquire which law enjoins, and which
forbids anything; for it often happens that the law which forbids
something appears by some exception as it were to amend the law which
commands something. Then, too