41
for how could it be fair that it should depend upon the body and life of a slave, whether I should be condemned to pay two talents, or the bringer of this malicious suit get off scot-free? But I, wishing to prevail by a preponderance of fair play, made this concession)—after this he again summoned me in the suit, as soon as he had taken back his deposits;There is much obscurity here. The acceptance of the challenge by Nicobulus should have put an end to the action. The plaintiff had then the right to take back the sum deposited (as court-fees πρυτανεῖα?) when the suit was brought. so clear did he make it at once that he would not abide by the conditions which he had himself laid down.
42
But when we had come before the torturer, instead of opening the challenge, showing its contents, and proceeding in accordance with its terms to do what seemed right (for on account of the turmoil at that time and the fact that the case was about to be called, it was like this: I offer you this challenge.—I accept it.—Let me have your ring.—Take it.—Who is your surety?—This man here.—and I had taken no copy or anything else of that sort); instead of acting in the way of which I speak, he had brought with him a different challenge, insisting that he should himself torture the man, and he laid hold of him, dragged him this way and that, and went beyond all bounds in blackguardly action.
