Among the ancients, subjects of controversy were drawn either from history, as indeed some are even now, or from (526) actual facts, of recent occurrence. It was, therefore, the custom to state them precisely, with details of the names of places. We certainly so find them collected and published, and it may be well to give one or two of them literally, by way of example:
“A company of young men from the city, having made an excursion to Ostia in the summer season, and going down to the beach, fell in with some fishermen who were casting their nets in the sea. Having bargained with them for the haul, whatever it might turn out to be, for a certain sum, they paid down the money. They waited a long time while the nets were being drawn, and when at last they were dragged on shore, there was no fish in them, but some gold sewn up in a basket. The buyers claim the haul as theirs, the fishermen assert that it belongs to them.”
Again: “Some dealers having to land from a ship at Brundusium a cargo of slaves, among which there was a handsome boy of great value, they, in order to deceive the collectors of the customs, smuggled him ashore in the dress of a freeborn youth, with the bullum 907 hung about his neck. The fraud easily escaped detection. They proceed to Rome; the affair becomes the subject of judicial inquiry; it is alleged that the boy was entitled to his freedom, because his master had voluntarily treated him as free.”
Formerly, they called these by a Greek term, syntaxeis, but of late “controversies;” but they may be either fictitious cases, or those which come under trial in the courts. Of the eminent professors of this science, of whom any memorials are extant, it would not be easy to find many others than those of whom I shall now proceed to give an account.
II. LUCIUS PLOTIUS GALLUS. Of him Marcus Tullius Cicero thus writes to Marcus Titinnius 908: “I remember well that when we were