+16.+ Two young men had a dispute about the ownership of a slave. This
slave had been in the possession of one of them for a long time; but
two days before, as he was going to the farm without his master, the
other laid violent hands upon him and dragged him to his house. When
the first young man heard of this, he came to the house, seized the
slave, and taking him before the magistrate asserted his ownership and
offered sureties. For the law of Zaleucus ordained that the party from
whom the abduction was made should have possession of the property
in dispute, pending the decision of the suit. But the other man in
accordance with the same law, alleged that he was the party from whom
the abduction had been made, for the slave had been brought before the
magistrate from his house. The magistrates who were trying the case
were in doubt, and calling in the Cosmopolis[30] referred the point to
him. He interpreted the law as meaning that “the abduction was always
from that party in whose possession the property in dispute had last
been for a certain period unquestioned; but that if another abducted
this property from a holder, and then the original holder repossessed
himself of it from the abductor, this was not abduction in the sense of
the law.” The young man, who thus lost his case, was not satisfied, and
alleged that such was not the intention of the legislator. Thereupon
the Cosmopolis summoned him to discuss the interpretation in accordance
with the law of Zaleucus; that is, to argue on the interpretation of
the law with him before the court of the one thousand, and with a
halter round the neck of each: whichever should be shown to be wrong in
his interpretation was to lose his life in the sight of the thousand.
But the young man asserted that the compact was not a fair one, for the
Cosmopolis, who happened to be nearly ninety, had only two or three
years of life left, while in all reasonable probability he had not yet
lived half his life. By this adroit rejoinder the young man turned off
the affair as a jest: but the magistrates adjudged the question of
abduction in accordance with the interpretation of the Cosmopolis....
A CRITICISM ON EPHORUS AND CALLISTHENES
[Sidenote: Callisthenes and the battle of Issus, B.C. 333.]
Public-domain text, read in full here on John Shaqi.
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