And in this kind of cause that will be a common topic for the accuser,—­that it must never be permitted that the man who confesses a fact, should defend himself by a new interpretation of the name of it.  But the defender must rely on those general principles of equity which I have mentioned, and he must complain that, while that is on his side, he is weighed down not by facts, but by the perverted use of a word; and while speaking thus he will be able to introduce many topics suited to aid him in discovering arguments.  For he will avail himself of resemblances, and contrarieties, and consequences; and although both parties will do this, still the defendant, unless his cause is evidently ridiculous, will do so more frequently.  But the things which are in the habit of being said, for the sake of amplification, or in the way of digression, or when men are summing up, are introduced either to excite hatred, or pity, or to work on the feelings of the judges by means of those arguments which have been already given; provided that the importance of the facts, or the envy of men, or the dignity of the parties, will allow of it.

XXXVII. C.F. I understand that.  Now I wish to hear you speak of that part which, when the question is what is the character of such and such a transaction, will be suitable both for the accusation and also for the defence.

C.P. In a cause of that kind those who are accused confess that they did the very thing for which they are blamed; but since they allege that they did it lawfully, it is necessary for us to explain the whole principles of law.  And that is divided into two principal divisions,—­natural law and statute law.  And the power of each of these is again distributed into human law and divine law; one of which refers to equity and the other to religion.  But the power of equity is two-fold:  one part of which is upheld by considerations of what is straightforward, and true, and just, and, as it is said, equitable and virtuous; the other refers chiefly to requiting things done to one suitably,—­which in the case of that which is to be requited being a kindness, is called gratitude, but when it is an injury, it is called revenge.  And these principles are common both to natural and statute law.  But there are also other divisions of law; for there is both the written and the unwritten law,—­each of which is maintained by the rights of nations and the customs of our ancestors.  Again, written law is divided into public law and private law.  Public law is laws, resolutions of the senate, treaties; private law is accounts, covenants, agreements, stipulations.