Institutio Oratoria

Again, the opposite case, that is to say, when what is written is obviously contrary to tile intention of the writer, occurred quite recently. A man who had made a bequest of 5000 sesterces, on altering his will erased the word sesterces and inserted pounds of silver. [*](About 384 sesterces go to the pound of silver.) But it was clear that he had meant not 5000 but 5 pounds of silver, because the weight of silver mentioned in the bequest was unparalleled and incredible.

The same basis includes such general questions as to whether we should stand by the

The next subject which comes up for discussion is that of contrary laws. [*](See III. vi. 46.) For all writers of text-books are agreed that in such cases there are two bases involving the letter and the intention of the law respectively. This view is justified by the fact that, when one law contradicts another, both parties attack the letter and raise the question of intention, while the point in dispute, as regards each law, is whether we should be guided by it at all.

But it is clear to everybody that one law cannot contradict another in principle (since if there were two different principles, one law would cancel the other), and that the laws in question are brought into collision purely by the accidents of chance. When two laws clash, they may be of a similar nature, as for instance if we have to compare two cases in which a tyrannicide and a brave man are given the choice of their reward, both being granted the privilege of choosing whatever they desire. In such a case we compare the deserts of the claimants, the occasions of the respective acts and the nature of the rewards claimed.

Or the same law may be in conflict with itself, as in the case where we have two brave men, [*](Both claiming the reward allotted by the law.) two tyrannicides [*](Both claiming the reward allotted by the law.) or two ravished women, [*]( Two women, both dishonoured by one man, put in different claims, both of which are provided for as alternatives in the same law. A. demands the ravisher's death, B. demands his hand in marriage. ) when the question must turn either on time (that is, whose claim has priority) or on quality (that is, whose claim is the more just). Again, we may have a conflict between diverse, similar or dissimilar laws.

Diverse laws are those against which arguments

A magistrate shall not quit the citadel. One who has rendered heroic service to his country may choose what reward he pleases. A magistrate who left his post and saved his country, demands an amnesty for his conduct.