XXXIII.  But the advocate for the defence will be able to convert all these arguments, and then to use them for his own purposes.  And he will especially dwell on the defence of his intentions, and in exaggerating the importance of that which was an obstacle to his intentions, and he will show that he could not have done more than he did do, and he will urge that in all things the will of the doer ought to be regarded, and that it is quite impossible that he should be justly convicted of not being free from guilt, and that under his name the common powerlessness of mankind is sought to be convicted.  Then, too, he will say that nothing can be more scandalous than for a man who is free from guilt, not also to be free from punishment.  But the common topics for the prosecutor to employ are these, one resting on the confession of the accused person, and the other pointing out what great licence for the violation of the law will follow, if it is once laid down that the thing to be inquired into is not the action but the cause of the action.  The common topics for the advocate for the defence to employ are, a complaint of that calamity which has taken place by no fault of his, but in consequence of some overruling power, and a complaint also of the power of fortune and the powerless state of men, and an entreaty that the judges should consider his intentions, and not the result.  And in the employment of all these topics it will be desirable that there should be inserted a complaint of his own unhappy condition, and indignation at the cruelty of his adversaries.

And no one ought to marvel, if in these or other instances he sees a dispute concerning the letter of the law added to the rest of the discussion.  And we shall have hereafter to speak of this subject separately, because some kinds of causes will have to be considered by themselves, and with reference to their own independent merits, and some connect with themselves some other kind of question also.  Wherefore, when everything is cleared up, it will not be difficult to transfer to each cause whatever is suitable to that particular kind of inquiry, as in all these instances of admission of the fact, there is involved that dispute as to the law, which is called the question as to the letter and spirit of the law.  But as we were speaking of the admission of the fact we gave rules for it.  But in another place we will discuss the letter and the spirit of the law.  At present we will limit our consideration to the other division of the admission of the fact.

XXXIV.  Deprecation is when it is not attempted to defend the action in question, but entreaties to be pardoned are employed.  This kind of topic can hardly be approved of in a court of justice, because, when the offence is admitted, it is difficult to prevail on the man who is bound to be the chastiser of offences to pardon it.  So that it is allowable to employ that kind of address only when you do not rest the whole cause on it.  As for instance, if you were