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[2]
Such questions arise when the law presents
some obscurity. Under these circumstances both
parties will seek to establish their own interpretation
of the passage and to overthrow that advanced by
their opponent. Take for example the following
case. “A thief shall refund four times the amount
of his theft. Two thieves have jointly stolen 10,000
sesterces. 40,000 are claimed from each. They
claim that they are liable only to pay 20,000 each.”
The accuser will urge that the sum which he claims
is fourfold the amount stolen; the accused will urge
that the sum which they offer to pay is fourfold.
The intention of the law will be pleaded by both
parties.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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