[6]
when pleading before the emperor or any
other person who has power either to acquit or condemn, it is incumbent on us to urge that, while our
client has committed an offence that deserves the
death penalty, it is still the duty of a merciful judge
to spare him despite his sins, it must be noted in
the first place that we have to deal, not with our
adversary, but with the judge, and secondly that we
shall have to employ the deliberative rather than the
forensic style. For we shall urge the judge to fix
his desire rather on the glory that is won by
clemency than on the pleasure that is given by
vengeance.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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