[42]
For example is a
ravisher to pay 10,000 sesterces1 because that is the
penalty appointed by law, or is he liable to capital
punishment as a murderer because his victim hanged
himself? In such cases those who plead as if there
were a question between two laws, are wrong: for
there is no dispute about the fine of 10,000,
since it is not claimed by the prosecution.
1 cp. IV. ii. 69.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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