to his relations and to his next of kin." A
certain man was convicted of having murdered his father. Immediately,
because he was not able to escape, wooden shoes were put upon his
feet, and his mouth was covered with a leathern bag, and bound fast,
then he was led away to prison, that he might remain there while a bag
was got ready for him to be put into and thrown into a river. In
the meantime some of his friends bring tablets to the prison, and
introduce witnesses also; they put down those men as his heirs whom he
himself desires; the will is sealed; the man is afterwards executed.
There is a dispute between those who are set down as his heirs in the
will, and his next of kin, about his inheritance. In this instance
there is no positive law alleged which takes away the power of making
a will from people who are in such a situation. But from other laws,
both those which inflict a punishment of this character on a man
guilty of such a crime, and those, too, which relate to a man's power
of making a will, it is possible to come by means of ratiocination to
a conclusion of this sort, that it is proper to inquire whether he had
the power of making a will.

But we think that these and such as these are the common topics
suitable to an argument of this description. In the first place, a
panegyric upon, and a confirmation of that writing which you are
producing. Then a comparison of the matter which is the subject of
discussion, with that which is a settled case, in such a manner that
the case which is under investigation may appear to resemble that
about which there are settled and notorious rules. After that, one
will express admiration, (by way of comparison), how it can happen
that a man who admits that this is fair, can deny that other thing,
which is either more equitable still, or which rests on exactly
similar principles; then, too, one will contend that the reason why
there is no precise law drawn up for such a case, is because, as there
was one in existence applicable to the other case, the framer of that
law thought that no one could possibly entertain a doubt in this case;
and afterwards it will be well to urge that there are many cases not
provided for in many laws, which beyond all question were passed over
merely because the rule as to them could be so easily collected out
of the other cases which were provided for; and last of all, it is
necessary to point out what the equity of the case requires, as is
done