[29]
Meantime Alphenus was fighting every day at
Rome with that old gladiator. He had the
people indeed on his side, because that fellow never ceased to aim at the head. 1 Naevius demanded that the agent should give security for payment
on judgment being given. Alphenus says that it is not reasonable for an agent to give
security, because the defendant would not be bound to give security if he were present
himself. The tribunes are appealed to, and as a positive decision was demanded from
them, the matter is terminated on the footing of Sextus Alphenus undertaking that
Publius Quinctius should answer to his bail by the thirteenth of September.
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1 There is an allusion here to the fights of gladiators, in which the people disapproved of that gladiator who aimed too constantly at the vital parts of his adversary, so as to make the combat short. There is a pun here, caput meaning the head or life of the gladiator, and also the condition of a citizen.
M. Tullius Cicero. The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge. London. George Bell & Sons. 1903.
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