Book 1
35
But by luck his adversary met him: and, "Whither are you going, you infamous fellow?" roars he with a loud voice: and, "Do you witness the arrest?" When a man had given bail in a court of justice, if he neglected the time of appearance, he might be taken by force before the praetor. But the person who would arrest him was obliged, before he used him with violence, to have a witness of his capture, antestari. This, however, could not be done without the consent of the witnesses; he, therefore, willingly offered the captor his ear to touch, who was liable, if these forms were not observed, to an action, iniuriarum actionem. But thieves and people of infamous characters were not treated with so much formality. When a fellow in Plautus cries out, "Will you not call a witness before you seize me?" nonne antestaris? (Persa 747-748) he is answered, "What, shall I touch an honest man's ear for such a scoundrel as you are?" Pliny tells us, the lowest part of the ear is the seat of memory, from whence came this form of their laws.
