[p. 427] might never have to resort to it. For nowadays we see many condemned and bound, because worthless men despise the punishment of bondage; but I have never read or heard of anyone having been cut up in ancient days, since the severity of that law could not be scorned. Or do you suppose, Favorinus, that if the penalty provided by the Twelve Tables 1 for false witness had not become obsolete, and if now, as formerly, one who was convicted of giving false witness was hurled from the Tarpeian Rock, that we should see so many guilty of lying on the witness stand? Severity in punishing crime is often the cause of upright and careful living. The story of the Alban Mettius Fufetius 2 is not unknown even to me, although I read few books of that kind. Since he had treacherously broken a pact and agreement made with the king of the Roman people, he was bound to two four-horse teams and torn asunder as the horses rushed in opposite directions. Who denies that this is an unusual and cruel punishment? but see what the most refined of poets says: 3
But you, O Alban, should have kept your word."When Sextus Caecilius had said these and other things with the approval of all who were present, including Favorinus himself, it was announced that Caesar was now receiving, and we separated.
