Book 20
1
"But if this is as I say, and as the condition of fairness itself dictates, those mutual retaliations that you imagined were certainly rather ingenious than real. But since you think that even this kind of punishment is cruel, what cruelty, pray, is there in doing the same thing to you which you have done to another? especially when you have the opportunity of compromising, and when it is not necessary for you to suffer retaliation unless you choose that alternative. As for your idea that the praetors' edict was preferable in taking cognizance of injuries, I want you to realize this, that this retaliation also was wont of necessity to be subject to the discretion of a judge. For if a defendant, who refused to compromise, did not obey the judge who ordered retaliation, the judge considered the case and fined the man a sum of money; so that, if the defendant thought the compromise hard and the retaliation cruel, the severity of the law was limited to a fine. It remains for me to answer your belief that the cutting and division of a man's body is most inhuman. It was by the exercise and cultivation of all the virtues that the Roman people sprang from a lowly origin to such a height of greatness, but most of all and in particular they cultivated integrity and regarded it as sacred, whether public or private. Thus for the purpose of vindicating the public honour it surrendered its consuls, most distinguished men, to the enemy, In the Samnite war, after the battle of the Caudine Forks in 321 B.C. thus it maintained that a client taken under a man's protection should be held dearer than his relatives and protected against his own kindred, nor was any crime thought to be worse than if anyone was convicted of having defrauded a client. This degree of faith our forefathers ordained, not only in public functions, but also in private contracts, and particularly in the use and interchange of borrowed money; for they thought that this aid to temporary need, which is made necessary by the common intercourse of life, was lost, if perfidy on the part of debtors escaped with a slight punishment. Therefore in the case of those liable for an acknowledged debt thirty days were allowed for raising the money to satisfy the obligation, and those days the Ten called 'legitimate,' as if they formed a kind of moratorium, that is to say, a cessation and interruption of judicial proceedings, during which no legal action could be taken against them."
