The Orations of Marcus Tullius Cicero, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 784 pages of information about The Orations of Marcus Tullius Cicero, Volume 4.

The Orations of Marcus Tullius Cicero, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 784 pages of information about The Orations of Marcus Tullius Cicero, Volume 4.
himself, as if in the position of a person making an accusation; that is to say, by asking him whether he denies that the law is drawn up in that manner, or whether he denies that he himself has contravened it, or disputed it.  If he denies either of these points, then one must avow that one will say no more; if he denies neither of them, and yet continues to urge his arguments in opposition to one, then one must say that it is impossible for any one ever to expect to see a more impudent man.  And it will be well to dwell on this point as if nothing besides were to be said, as if nothing could be said in contradiction, by reciting several times over what is written; by often contrasting the conduct of the adversary with what is written; and sometimes by recurring vehemently to the topic of the judge himself; in which one will remind the judge of what oath he has taken, of what his conduct is bound to be; and urge that there are two causes on account of which a judge is bound to hesitate, one if the law be obscurely worded, the other if the adversary denies anything.  But as in this instance the wording of the law is plain, and the adversary admits every fact that is alleged, the judge has now nothing to do but to fulfil the law, and not to interpret it.

XLIV.  When this point has been sufficiently insisted on, then it will be advisable to do away with the effect of those things which the adversary has been able to urge by way of objection.  But such objections will be made if the framer of the law can be absolutely proved to have meant one thing, and written another; as in that dispute concerning the will which we mentioned just now:  or some adventitious cause may be alleged why it was not possible or not desirable to obey the written law minutely.  If it is stated that the framer of the law meant one thing, and wrote another, then he who appeals to the letter of the law will say that it is our business not to discuss the intention of a man who has left us a plain proof of that intention, to prevent our having any doubt about it; and that many inconveniences must ensue if the principle is laid down that we may depart from the letter of the law.  For that then those who frame laws will not think that the laws which they are making will remain firm; and those who are judges will have no certain principle to follow if once they get into the habit of departing from the letter of the law.  But if the intention of the framer of the law is what is to be looked at, then it is he, and not his adversaries, who relies on the meaning of the lawgiver.  For that that person comes much nearer to the intention of the framer of a law who interprets it from his own writings, than he who does not look at the meaning of the framer of the law by that writing of his own which he has left to be as it were an image of his meaning, but who investigates it under the guidance of some private suspicions of his own.

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The Orations of Marcus Tullius Cicero, Volume 4 from Project Gutenberg. Public domain.