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Overclaim in respect of specification closely resembles overclaim in respect of place, and may be exemplified by a man's stipulating from you 'do you promise to convey Stichus or ten aurei? and then suing for the one or the other that is to say, either for the slave only, or for the money only.
Similarly, if he describe Stichus as 'the slave I bought from Seius, whereas in fact he bought him from some one else, the legacy is good, if it is clear what slave he intended to give.
The friendly domestic relations between father and daughter, husband and wife, master and servant, with their love-affairs and other little critical incidents, are portrayed with so broad a truthfulness, that even now they do not miss their effect: the servants' feast, for instance, with which the -Stichus- concludes is, in the limited range of its relations and the harmony of the two lovers and the one sweetheart, of unsurpassed gracefulness in its kind.
Other cases of this form of overclaim occur where a man, having stipulated in general terms for a slave, for wine, or for purple, sues for the particular slave Stichus, or for the particular wine of Campania, or for Tyrian purple; for in all of these instances he deprives his adversary of his election, who was entitled, under the terms of the stipulation, to discharge his obligation in a mode other than that which is required of him.
Originality cannot be affirmed of either, but, if possible, there is less of it in Terence; and the dubious praise of more correct copying is at least outweighed by the circumstance that, while the younger poet reproduced the agreeableness, he knew not how to reproduce the merriment of Menander, so that the comedies of Plautus imitated from Menander, such as the -Stichus-, the -Cistellaria-, the -Bacchides-, probably preserve far more of the flowing charm of the original than the comedies of the "-dimidiatus Menander-." And, while the aesthetic critic cannot recognize an improvement in the transition from the coarse to the dull, as little can the moralist in the transition from the obscenity and indifference of Plautus to the accommodating morality of Terence.
1 A legacy may also be transferred from one person to another, as thus: 'I give and bequeath to Seius the slave Stichus whom I. bequeathed to Titius, and this may be done either by a later clause of the will or by codicils; the result being that the legacy is taken away from Titius and simultaneously given to Seius.
Originality cannot be affirmed of either, but, if possible, there is less of it in Terence; and the dubious praise of more correct copying is at least outweighed by the circumstance that, while the younger poet reproduced the agreeableness, he knew not how to reproduce the merriment of Menander, so that the comedies of Plautus imitated from Menander, such as the -Stichus-, the -Cistellaria-, the -Bacchides-, probably preserve far more of the flowing charm of the original than the comedies of the "-dimidiatus Menander-." And, while the aesthetic critic cannot recognize an improvement in the transition from the coarse to the dull, as little can the moralist in the transition from the obscenity and indifference of Plautus to the accommodating morality of Terence.
The friendly domestic relations between father and daughter, husband and wife, master and servant, with their love-affairs and other little critical incidents, are portrayed with so broad a truthfulness, that even now they do not miss their effect: the servants' feast, for instance, with which the -Stichus- concludes is, in the limited range of its relations and the harmony of the two lovers and the one sweetheart, of unsurpassed gracefulness in its kind.
They comprise three variations on the theme which, to modern taste, has become so excessively tedious, of the Fourberies de Scapin the Epidicus, Mostellaria, and Persa; the Poenulus, a dull play, which owes its only interest to the passages in it written in the Carthaginian language, which offer a tempting field for the conjectures of the philologist; two more, the Mercator and Stichus, of confused plot and insipid dialogue; and a mutilated fragment of the Cistellaria, or Travelling-Trunk, which would not have been missed had it shared the fate of the Carpet-Bag.
Believe me, he that has a penny in his purse, is worth a penny: Have and you shall be esteemed. And so your friend, once no better than a frog, is now a king. "And now Stichus bring me the furniture in which I design to be carried to my funeral pile; bring also the unguent, and some of that pot, which I ordered for the cleansing my bones."
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