Cato, understanding that Claudius had for the nonce supprest the Augurs Edict, presently condemned him to Calpurnius; with all the Justice in the world. For they that fell according to Conscience and Equity, ought neither to enhance the hopes of the Bargain, nor conceal the Inconveniencies.
2. I have recited a Judgment famous in those times: Yet what I am about to relate, is not quite buried in silence. C. Visellius Varro being taken with a great fit of Sickness, suffered a Judgment of three thousand pieces of Money, as borrowed of Otacilia Laterensis, with whom he had lived as her Gallant: With this designe, that if he died, she might claim that sum of the Heirs; colouring the Liberality of his Lust, under the title of a Debt. After that, Vi∣sellius, contrary to Otacilia's wishes, recovers. Who offended that she had lost her prey by his recovery, from a close Friend began to act like an open Usurer, challenging the Money, which as shamelesly as vain∣ly she gap'd for by a void contract. Which Aquillius, a man of great authority and knowledge in the Civil Law, being chosen to be Judge of, consulting with the Principal Men of the City, by his Prudence and good Conscience foyled the woman. And if by the same form Varro might have been condemned, and the adversary absolved, no question but he would have willingly punish'd his soul and unwarrantable folly. Now he stifled the calumny of a private Acti∣on, and left the crime of Adultery to publick Justice.
3. Much more stoutly and with a souldierlike Gallantry did Marius behave himself in a Judgment of the same nature. For when T. Titinius of Minturnum married Fannia his wife, because he knew her to be unchast, and having divorc'd her for the same crime, would have kept her Dower: he b••ing chosen Judge, ••nd having examined the business, took Titinius