Kitap 5
13.5
which are not in any sense a method of actual defence, can rarely be used, and only before judges who are not limited to some precise form of verdict. e. g. in the emperor's court as opposed to the quaestiones perpetuae or civil actions. Even those speeches delivered before Gaius Caesar As in the pro Ligario and pro Deiotaro pleaded in Caesar's house. It is not known what cases were tried before the (2nd) triumvirate. and the triumvirs on behalf of members of the opposite party, although they do employ such pleas for mercy, also make use of the ordinary methods of defence. For I think you will agree with me that the following passage contains arguments of a strongly defensive character Cic. pro Lig. iv. 10 : What was our object, Tubero, save that we might have the power that Caesar has now But if,
13.6
when pleading before the emperor or any other person who has power either to acquit or condemn, it is incumbent on us to urge that, while our client has committed an offence that deserves the death penalty, it is still the duty of a merciful judge to spare him despite his sins, it must be noted in the first place that we have to deal, not with our adversary, but with the judge, and secondly that we shall have to employ the deliberative rather than the forensic style. For we shall urge the judge to fix his desire rather on the glory that is won by clemency than on the pleasure that is given by vengeance.
