[49]
Sometimes however it may be possible to put forward something not unlike such objections, if some
point included by our opponent in the depositions
which he produces has been discussed among his advocates1: for then we shall be replying to something
which they have said and not to an objection which
has been invented by ourselves; or again, this will
be possible if the case is of such a nature that we
[p. 343]
are in a position to state certain definite objections
which are absolutely essential to our opponent's case:
for instance, if stolen goods have been discovered
in a house, the accused must of necessity allege
either that they were brought there without his
knowledge or deposited with him or given to him
and we may therefore answer all these points even
although they have not been put forward.
1 The exact purport is not clear. The reference would seem to be to information as to the line of defence likely to be adopted, which has leaked out during a discussion of the written evidence by the advocati or legal advisers of the patronus. But see note prefixed to Index.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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