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[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.

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.

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