Then there are cases concerned with the appointment of
a prosecutor, which are known as divinations. In this connexion Cicero, who was indicting
Verres on the instruction of our Sicilian allies, adopts the following
division-to the effect that the main point for consideration is, by whom
those the redress of whose wrongs forms the subject of the trial would
prefer to be represented, and by whom the accused would least desire
them to be represented.
But in the great majority of cases the questions raised are, which
claimant has the strongest
Next we may take cases concerned with guardianship, in which it is usual to enquire whether it is
necessary to investigate anything save the accounts, and whether
anything can be demanded of the guardian except the honest execution of
his trust; his sagacity and the success of his administration being
beside the mark. Cases of fraud on the part of an
agent, which are styled cases of conduct of
business when they occur in the actual courts, are of a similar
nature, since they also are concerned with the administration of a
trust.
In addition to these we have the fictitious cases of the schools which
deal with crimes not covered by the law, where
the question is as a rule either whether the crime is really not covered
by the law or whether it is a crime, though on rare occasions both
questions are raised. Cases of misconduct on the part
of an ambassador are of frequent occurrence among the Greeks,
even in actual life: in these the legal question is raised whether it is
lawful to deviate at all from one's instructions and for how long the
accused was technically an ambassador, since in some cases the
ambassador's duty is to convey a communication to a foreign power and in
others to bring one back. Take for example the case of Heius, who gave
evidence against Verres after performing his duties as ambassador. But
in such cases the most important question turns on the nature of the
deed complained