Book 5
10.107
And these considerations must vary according to the complexity of laws and other documents, whether they are in agreement or contradictory, since fact throws light on fact and law on law as in the following argument: I owed you no money: you never summoned me for debt, you took no interest from me, nay, you actually borrowed money from me. It is laid down by law that he who refuses to defend his father when accused of treason thereby loses his right to inherit. A son denies that he is liable to this penalty unless his father is acquitted. How does he support this contention? There is another law to the effect that a man found guilty of treason shall be banished and his advocate with him.
10.108
Cicero in the pro Cluentio xxxvi. 98. The lex Iulia de ambitu contained a provision that the penlty (loss of civil rights) incurred by conviction for ambitus should be annulled if the condemned man could secure the conviction of another person for the same offence. says that Publius Popilius and Tiberius Gutta were not condemned for receiving bribes to give a false verdict, but for attempting to bribe the jury. What is his argument in support of this view? That their accusers, who were themselves found guilty of bribing the jury, were restored in accordance with law after winning their case.
