have been chastised according to precedent, and by
the regular course of justice. In the next place,
it will be right to deny that it is proper to listen
to the charge which is brought by the accused person
against his victim, when he who brings it did not
choose to submit it to the decision of the judges,
and it may be urged that one ought to consider that
on which no decision has been pronounced, as if it
had not been done, and after that to point out the
impudence of those men who are now before the judges
accusing the man whom they themselves condemned without
consulting the judges, and are now bringing him to
trial on whom they have already inflicted punishment.
After this we may say that it is bringing irregularity
into the courts of justice, and that the judges will
be advancing further than their power authorizes them,
if they pronounce judgment at the same time in the
case of the accused person, and of him whom the accused
person impeaches. And in the next place, we may
point out if this rule is established, and if men avenge
one offence by another offence, and one injury by
another injury, what vast inconvenience will ensue
from such conduct, and that if the person who is now
the prosecutor had chosen to do so too, there would
have been no need of this trial at all, and that if
every one else were to do so, there would be an end
of all courts of justice.
After that it may be pointed out, that even if the
maiden who is now accused by him of this crime had
been convicted, he would not himself have had any
right to inflict punishment on her, so that it is a
shameful thing that the man who would have had no right
to punish her, even if she had been convicted, should
have punished her without her being even brought to
trial at all. And then the accused person may
be called upon to produce the law which he says justifies
his having acted in such a manner.
After that, as we have enjoined when speaking of comparison,
that that which is mentioned in comparison should
be disparaged by the accuser as much as possible,
so, too, in this kind of argument, it will be advantageous
to compare the fault of the party on whom the accusation
is retorted with the crime of the accused person who
justified his action as having been lawfully done.
And after that it is necessary to point out that that
is not an action of such a sort, that on account of
it this other crime ought to have been committed.
The last point, as in the case of comparison, is the
assumption of a judicial decision, and the dilating
upon it in the way of amplification, in accordance
with the rules given respecting deliberation.