[2]
This question is not, however, as some
have held, always raised before the commencement
of the trial, like the elaborate deliberations of the
praetor when there is a doubt as to whether the
prosecutor has any legal standing, but frequently
comes up during the course of the actual trial. Such
discussions fall into two classes, according as the point
in dispute arises from an argument advanced by the
prosecution or from some prescription1 (or demurrer)
put forward by the defence. There have indeed
been some writers who have held that there is a
special prescriptive basis; but prescription is covered
by precisely the same questions that cover all other
laws.
1 cp. III. vi. 72.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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