Institutio Oratoria

For how can an exile hold any property? The uneducated son raises a doubt as to the interpretation both of the letter and the spirit of the law. Tile eloquent son will cling to the strict letter of tile law, which makes no exception, and will argue that the reason for enacting a penalty against those who fail to appear for their fathers was to prevent their being deterred from the defence of their fathers by the risk of banishment, and he will assert that his brother failed to appear in defence of his innocent father. It may therefore be worth while pointing out that two general questions may arise out of one basis — [*]( III. vi. 1 sqq. The basis or main point on which the case turns is that of the intention of the law ( voluntas ). ) for we may ask,

Is everyone who fails to appear liable to disinheritance?

or

Is he bound to appear irrespective of the character of his father?