Kitap 14
2
But, said he, "about these and other similar discussions as to the duty of a judge I shall attempt to give you my views later, when we have leisure, and I will repeat the precepts of Aelius Tubero on the subject, which I have read very recently. But so far as concerns the money which you said was claimed before your tribunal, I advise you, by Heaven! to follow the counsel of that shrewdest of men, Marcus Cato; for he, in the speech which he delivered For Lucius Turius against Gnaeus Gellius, li., Jordan. said that this custom had been handed down and observed by our forefathers, that if a question at issue between two men could not be proved either by documents or witnesses, then the question should be raised before the judge who was trying the case which of the two was the better man, and if they were either equally good or equally bad, that then the one upon whom the claim was made should be believed and the verdict should be given in his favour. But in this case about which you are in doubt the claimant is a person of the highest character and the one on whom the claim is made is the worst of men, and there are no witnesses to the transaction between the two. So then go and give credit to the claimant and condemn the one on whom the claim is made, since, as you say, the two are not equal and the claimant is the better man."
