Book 9
15
There was present there with us a pupil of Julianus, a man of ready speech and good ability, who was already offended that in the hearing of a man like Julianus the fellow should show such rashness and should dare to test himself in extempore speaking. Therefore, to try him, he proposed a topic for debate that was not logically constructed, of the kind which the Greeks call a)/poros, and in Latin might with some propriety be termed inexplicabile, that is, unsolvable. The subject was of this kind: Seven judges are to hear the case of a defendant, and judgment is to be passed in accordance with the decision of a majority of their number. When the seven judges had heard the case, two decided that the defendant ought to be punished with exile; two, that he ought to be fined; the remaining three, that he should be put to death. The execution of the accused is demanded according to the decision of the three judges, but he appeals.
