[20]
But it will more frequently be the duty of the
accuser to divert the judge from all the temptations
to pity which the accused will place before him, and
to incite him to give a strong and dispassionate
verdict. It will also be his duty in this connexion
to forestall the arguments and actions to which his
opponent seems likely to have recourse. For it
makes the judge more cautious in observing the
sanctity of his oath and destroys the influence of
those who are going to reply to us when the arguments used by the defence have already been dealt
with by the prosecution, since they lose their novelty.
An instance of this will be found in the speech of
Messala against Aufidia,1 where he warns Servius
Sulpicius not to talk about the peril which
threatens the signatories to the document and the
defendant herself. Again Aesehines2 foretells the
line of defence which Demosthenes will pursue.
There are also occasions when the judges should be
told what answer they should make to requests on
behalf of the accused, a proceeding which is a form
of recapitulation.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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