A cause rests either on one point of controversy, or on several; on points of the same or of different kinds, § 1, 2. Comparison, 3, 4. We must first settle the kind of cause; what points are to be considered next, 5. 1. EVERY cause, in which there is one method for a plaintiff and another for a defendant, consists either in a controversy about one charge or about several. The one is called simple, the other complex. A question about a theft by itself, or an act of adultery by itself, is single and independent. When there are several questions, they may be either of the same kind, as in a charge of extortion, or of different kinds, as in a charge of sacrilege and homicide at the same time. This union of charges does not now occur in public trials, because the praetor takes cognizance of each according to a fixed law, but is frequent in the causes tried before the emperors and the Senate, and used to be common in those that came before the people. Also, disputes between private individuals often require one judge to determine as to many different points of law. 2. Nor will there be more than two kinds of causes, even in cases where one party prosecutes the same suit, and on the same ground, against several; or two against one; or several against several, as we sometimes see occur in actions about inheritances. Though there be several parties, the cause is still but one, unless indeed the condition of the parties give rise to distinct questions. 3. There is, however, said to be a third kind, different from these, called comparative, and some consideration with regard to comparison frequently happens in some part of a cause, as when, in a case before the centumviri, there arises, after other questions, one of this kind, which of two persons is better entitled to an inheritance? But it seldom happens that trials are appointed in the forum merely for that object, and only in cases of divination, which take place for the purpose of appointing an accuser, or sometimes between informers to decide which of two has a better claim to a reward. 4. To this number, some have indeed added a fourth, called ἀντικατηγορία (antikatēgoria), "recrimination," or "mutual accusation," but others think that this is comprehended under the comparative kind. The case of reciprocal suits will be similar to it, a case which happens very frequently, and if this ought also to be called ἀντικατηγορία (antikatēgoria), for it has no proper appellation with us, there will be two kinds of it, one in which the parties bring the same charge against each other, the other in which they bring different charges. The case is similar with regard to demands. 5. When the nature of the cause has been determined, we shall then have to consider whether the fact, which is made a charge by the accuser against the defendant, is to be denied, to be justified, to be called by another name, or to be excluded from that particular sort of process. By this means, the states of causes are determined.
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