1 This form of the story was followed by Valerius Maximus (II. ix. 3) and possibly by Cicero (Cato maior 42).
2 The phrase is conventional in erotic literature.
3 B.C. 184
4 Although mentioned also by Plutarch (Cato 17), the procedure is obscure. The sponsio (a sort of judicial wager) was a recognized feature of legal procedure, but it may be less technically used here. Plutarch represents this challenge as given and accepted before the assembly: this could be true only in case of a conviction and an appeal. Titus seems, in Plutarch, to be a party also.
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