§7.2.48est et illa in verbis differentia, quod aut aperta sunt aut dubia.
There is also that difference in words, that they are either open or doubtful.
seu nostra seu aliena sunt, infirmiora in utrumque sint necesse dubia; tamen nostra saepe nobis nocent, ut in illa controversia: interrogatus filius, ubi esset pater, dixit, Ubicunque est, vivit; at ille in puteo mortuus est inventus.
Whether they are ours or of others, doubtful words must necessarily be weaker for either side; yet our own often hurt us, as in that controversy: a son, being asked where his father was, said, "Wherever he is, he is alive"; but he was found dead in a well.
aliena, §7.2.49quae sunt dubia, nunquam possunt nocere nisi aut incerto auctore aut mortuo.
Those of others, which are doubtful, can never hurt unless either the author is uncertain or dead.
nocte audita vox est, cauete tyrannidem; et, interrogatus, cuius veneno moreretur respondit, Non expedit tibi scire. nam si est, qui possit interrogari, solvet ambiguitatem.
"At night a voice was heard, 'Beware of tyranny'"; and, being asked by whose poison he was dying, he replied, "It is not expedient for you to know." For if there is someone who can be questioned, he will resolve the ambiguity.
§7.2.50cum autem dicta factaque nostra defendi solo animo possint, aliena varie refutantur.
But since our own words and deeds can be defended only by the intention, those of others are refuted in various ways.
de uno quidem maximo genere coniecturalium controversiarum locuti videmur, sed in omnes aliquid ex his cadit.
We seem to have spoken of one, indeed the greatest, class of conjectural controversies, but some of these points fall upon all classes.
nam furti, depositi, creditae pecuniae et a facultatibus argumenta veniunt, an fuerit, quod deponeretur, et a personis, an ullum deposuisse apud hunc, vel huic credidisse credibile sit, an petitorem calumniari, an reum infitiatorem esse vel furem.
For in cases of theft, deposit, and loaned money, arguments come both from capacity—whether there was indeed something to be deposited—and from persons—whether it is credible that anyone deposited anything with this man, or trusted him, or whether the plaintiff is bringing a false accusation, or the defendant is a denier or a thief.
§7.2.51sed etiam in furti reo sicut in caedis quaeritur de facto et de auctore.
But also in a defendant of theft, as in one of murder, inquiry is made concerning the deed and the author.
crediti et depositi duae quaestiones, sed nunquam iunctae, an datum sit, an redditum.
Of loan and deposit there are two questions, but never joined: whether it was given, and whether it was returned.
habent aliquid proprii adulterii causae, quod plerumque duorum discrimen est et de utriusque vita dicendum, quanquam et id quaeritur, an utrumque pariter defendi oporteat.
The cases of adultery have something peculiar to themselves, which is usually a trial of two persons, and their lives must be spoken of, although it is also asked whether both ought to be defended equally.
cuius rei consilium nascetur ex causa; nam si adiuvabit pars altera, coniungam; si nocebit, separabo.
The counsel on this matter will arise from the case itself; for if one party helps the other, I shall join them; if it hurts, I shall separate them.
ne quis autem mihi putet temere excidisse, §7.2.52quod plerumque duorum crimen esse adulterium, non semper dixerim: potest accusari sola mulier incerti adulterii: munera domi inventa sunt; pecunia, cuius auctor non exstat; codicilli, dubium ad quem scripti In falso quoque ratio similis;
Lest anyone should think that it slipped from me by chance, that I said adultery is "usually" the crime of two, and not "always": a woman alone can be accused of an uncertain adultery: gifts were found in the house; money, the source of which does not appear; letters, of which it is doubtful to whom they were written.
§7.2.53aut enim plures in culpam vocantur aut unus.
In forgery also the reasoning is similar; for either several are called into guilt, or one.
et scriptor quidem semper tueri signatorem necesse habet, signator scriptorem non semper, nam et decipi potuit.
And indeed the writer must always protect the signatory, but the signatory does not always protect the writer, for he could also have been deceived.
is autem, qui hos adhibuisse et cui id factum dicitur, et scriptorem et signatores defendet.
But he who is said to have employed these and for whom it is said to have been done will defend both the writer and the signatories.
iidem argumentorum loci in causis proditionis et adfectatae tyrannidis.
The same loci of arguments apply in cases of treason and of affected tyranny.
§7.2.54verum illa scholarum consuetudo ituris in forum potest nocere, quod omnia, quae in themate non sunt, pro nobis ducimus.
But that custom of the schools can harm those who are going into the forum, because we take everything that is not in the theme to be in our favor.
adulterium obiicis;
"You charge adultery; who is the witness?
quis testis? quis index? proditionem, quod pretium? quis conscius? venenum; ubi emi? a quo? quando? quanti? per quem dedi? pro reo tyrannidis adfectatae; ubi sunt arma?
Who is the informer?" "Treason; what was the price? Who was the accomplice?" "Poison; where did I buy it? From whom? When? For how much? Through whom did I give it?" "For a defendant of affected tyranny: where are the weapons?
§7.2.55quos contraxi satellites? neque haec nego esse dicenda, et ipsis utendum pro parte suscepta.
What satellites did I collect?" Nor do I deny that these things should be said, and must be used according to the part undertaken.
nam et in foro aliqua, quando adversarius probare non poterit, desiderabo.
For in the forum also, I shall require some things when the adversary cannot prove them.
sed in foro tantam illam facilitatem olim desiderauimus, ubi non fere causa agitur, ut non aliquid ex his aut plura ponantur.
But in the forum we have long missed that great facility, where indeed a case is hardly ever conducted but that some or more of these points are posited.
§7.2.56huic simile est, quod in epilogis quidam, quibus volunt, liberos, parentes, nutrices accommodant, nisi quod magis concesseris ea, quae non sint posita, desiderare quam adiicere.
Similar to this is that in epilogues some, for whom they wish, accommodate children, parents, nurses, except that you would more readily grant to require those things which have not been posited than to add them.
de animo quomodo quaeratur, satis dictum est, cum ita diviserimus, an voluerit, an potuerit, an fecerit.
Concerning how the intention is to be inquired into, enough has been said when we divided it thus: whether he willed, whether he could, whether he did.
nam qua via tractatur, an voluerit, eadem, quo animo fecerit; id enim est, an male facere voluerit.
For by the same way that "whether he willed" is treated, "with what intention he did" is also treated; for that indeed is whether he willed to do evil.
§7.2.57ordo quoque rerum aut adfert aut detrahit fidem; multo scilicet magis res, prout ponuntur, congruunt aut repugnant.
The order of things also either brings or detracts credibility; much more, indeed, do things agree or conflict according as they are posited.
sed haec nisi in ipso complexu causarum non deprehenduntur.
But these are not detected except in the very connection of the cases.
quaerendum tamen semper, quid cuique connectatur et quid consentiat.
Yet we must always inquire what is connected to what, and what is consistent.