---
title: "For Publius Quinctius · Pro P. Quinctio"
author: "Cicero"
translator: "Charles Duke Yonge"
languages: [la, en]
shelf: "Classical Latin"
url: https://scriptura.si/works/cicero-pro-quinctio/
cite: "Cicero, tr. Charles Duke Yonge, For Publius Quinctius · Pro P. Quinctio. Scriptura (scriptura.si), https://scriptura.si/works/cicero-pro-quinctio/"
---

# For Publius Quinctius · Pro P. Quinctio

*Cicero, tr. Charles Duke Yonge*

Cicero’s earliest surviving speech: a partnership dispute and a seized estate in Gaul.

> Latin: ed. Albert Curtis Clark, from the Perseus Digital Library (canonical-latinLit, phi0474.phi001, CC BY-SA 4.0).

> English: Charles Duke Yonge, from the Perseus Digital Library (phi0474.phi001.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## Contents

1. [Sections 4–38](https://scriptura.si/works/cicero-pro-quinctio/1.md)
2. [Sections 39–69](https://scriptura.si/works/cicero-pro-quinctio/2.md)
3. [Sections 70–99](https://scriptura.si/works/cicero-pro-quinctio/3.md)

## 1. Sections 4–38

Source: https://scriptura.si/works/cicero-pro-quinctio/1/ · cite a paragraph as https://scriptura.si/works/cicero-pro-quinctio/1/#p-N

[¶0] Caius Quinctius and Sextus Naevius, one of the public criers, had been partners, having their chief business in Gallia Narbonensis—Caius died, and left his brother Publius his heir, between whom and Naevius there arose disputes concerning the division of the property of the partnership. Caius had left some debts, and Publius proposed to sell some lands which his brother had acquired as private property near Narbonne, for the purpose of liquidating them. Naevius interposed difficulties in the way of his doing so, and by various artifices tried to make it appear that Quinctius had forfeited his recognizances; which would have given a different complexion to the whole case, as to forfeit one's recognizances was a crime liable to the punishment of infamia at Rome. Cicero undertook the defence of Quinctius at the request of Roscius the actor—Naevius's cause was conducted by Hortensius, the greatest advocate at Rome. It is doubtful whether this really was the first cause in which Cicero was engaged, as many think that he himself speaks in this oration of having been concerned in other trials previously, and that the speech for Sextus Roscius was his first. Quinctius gained the verdict. The two things which have the greatest influence in a state,—namely, the greatest interest, and eloquence, are both making against us at the present moment; and while I am awed by the one, O Caius Aquillius, I am in fear of the other:—I am somewhat awed, apprehending that the eloquence of Quinctius Hortensius may embarrass me in speaking; but I am in no slight fear lest the interest of Sextus Naevius may injure Publius Quinctius. And yet it would not seem so disastrous for us that these things should exist in the highest degree in the other party, if they existed also to a moderate extent in us; but the fact is, that I, who have neither sufficient experience nor much ability, am brought into comparison with a most eloquent advocate; and that Publius Quinctius, who has but small influence, no riches, and few friends, is contending with a most influential adversary. And, moreover, we have this additional disadvantage, that Marcus Junius, who has several times pleaded this cause before you, O Aquillius, a man practised in the conduct of other causes also, and much and frequently concerned in this particular one, is at this moment absent, being engaged on his new commission; and so they have had recourse to me, who, even if I had all other requisite qualifications in ever so high a degree, have certainly scarcely had time enough to be able to understand so important a business, having so many points of dispute involved in it so that also, which has been used to be an assistance to me in other causes, is wanting to me in this one; for in proportion to my want of ability, have I endeavoured to make amends for that want by industry, and unless time and space be given to one, it cannot be seen how great his industry is.

> Latin: res in civitate duae plurimum possunt, eae contra nos ambae faciunt in hoc tempore, summa gratia et eloquentia; quarum alteram, C. Aquili, vereor, alteram metuo. Q. Hortensi ne me in dicendo impediat, non nihil commoveor, gratia Sex. Naevi ne P. Quinctio noceat, id vero non mediocriter pertimesco. hoc tanto opere querendum videretur, haec summa in illis esse, si in nobis essent saltem mediocria; verum ita se res habet, ut ego, qui neque usu satis et ingenio parum possum, cum patrono disertissimo comparer, P. Quinctius, cui tenues opes, nullae facultates, exiguae amicorum copiae sunt, cum adversario gratiosissimo contendat. quoque nobis accedit incommodum, quod M. Iunius, qui hanc causam aliquotiens apud te egit, homo et in aliis causis exercitatus et in hac multum ac saepe versatus, hoc tempore abest nova legatione impeditus, et ad me ventum est qui, ut summa haberem cetera, temporis quidem certe vix satis habui ut rem tantam, tot controversiis implicatam, possem cognoscere.

[¶1] 4. But the greater our disadvantages, O Caius Aquillius, are, with so much the more favourable a disposition ought you, and those who are your colleagues in this trial, to listen to our words, that the truth, though weakened by many disadvantages, may be at last reestablished by the equity of such men as you.

> Latin: 4. quod mihi consuevit in ceteris causis esse adiumento, id quoque in hac causa deficit., quod ingenio minus possum, subsidium mihi diligentia comparavi; quae quanta sit, nisi tempus et spatium datum sit, intellegi non potest. quo plura sunt, C. Aquili, eo te et hos qui tibi in consilio sunt meliore mente nostra verba audire oportebit, ut multis incommodis veritas debilitata tandem aequitate talium virorum recreetur.

[¶2] 5. But if you, being the judge, shall appear to be no protection to a desolate and helpless condition against power and influence; if before this tribunal the cause is found to depend on interest, not on truth; then indeed there is nothing any longer holy and uncontaminated in the state—no hope that the firmness and virtue of the judge may counterbalance the lowly condition of any one. But undoubtedly before you and your colleagues truth will prevail, or else, if it be driven from this place by power and influence, it will not be able to find any place where it can stand. I do not say this, O Caius Aquillius, because I have any doubt of your own good faith and constancy, or because Publius Quinctius ought not to have the greatest hopes from those whom you have called in as your assessors, being, as they are, among the most eminent men in the state.

> Latin: 5. si tu iudex nullo praesidio fuisse videbere contra vim et gratiam solitudini atque inopiae, si apud hoc consilium ex opibus, non ex veritate causa pendetur, profecto nihil est iam sanctum atque sincerum in civitate, nihil est quod humilitatem cuiusquam gravitas et virtus iudicis consoletur. aut apud te et hos qui tibi adsunt veritas valebit, aut ex hoc loco repulsa vi et gratia locum ubi consistat reperire non poterit. eo dico, C. Aquili, quo mihi veniat in dubium tua fides et constantia, aut quo non in his quos tibi advocavisti viris lectissimis civitatis spem summam habere P. Quinctius debeat. ergo est?

[¶3] 6. What then? In the first place, the magnitude of the danger causes a man the greatest fear, because he is staking all his fortunes on one trial; and while he is thinking of this, the recollection of your power does not occur to his mind less frequently than that of your justice; because all men whose lives are in another's hand more frequently think of what he, in whose power and under whose dominion they are, can do, than of what he ought to do,— Secondly, Publius Quinctius has for his adversary, in name indeed, Sextus Naevius, but in reality, the most eloquent, the most gallant, the most accomplished men of our state, who are defending Sextus Naevius with one common zeal, and with all their power: if, indeed, defending means so to comply with the desire of another, that he may the more easily be able to overwhelm whomsoever he chooses by an unjust trial;

> Latin: 6. magnitudo periculi summo timore hominem adficit, quod uno iudicio de fortunis omnibus decernit, idque dum cogitat, non minus saepe ei venit in mentem potestatis quam aequitatis tuae, propterea quod omnes quorum in alterius manu vita posita est saepius illud cogitant, quid possit is cuius in dicione ac potestate sunt, quam quid debeat facere. habet adversarium P. Quinctius verbo Sex. Naevium, re vera huiusce aetatis homines disertissimos, fortissimos, florentissimos nostrae civitatis, qui communi studio summis opibus Sex. Naevium defendunt, si id est defendere, cupiditati alterius obtemperare quo is facilius quem velit iniquo iudicio opprimere possit.

[¶4] 8. for what, O Caius Aquillius, can be mentioned or spoken of more unjust or more unworthy than this, that I who am defending the liberties, the fame, and fortunes of another should be compelled to open the cause, especially when Quintus Hortensius, who in this trial fills the part of the accuser, is to speak against me; a man to whom nature has given the greatest possible fluency and energy in speaking? Matters are so managed, that I, who ought rather to ward off the darts of our adversary and to heal the wounds he has inflicted, am compelled to do so now, even when the adversary has cast no dart; and that that time is given to them to attack us when the power of avoiding their attacks is to be taken from us; and if in any particular they should (as they are well prepared to do) cast any false accusation like a poisoned arrow at us, there will be no opportunity for applying a remedy.

> Latin: 8. quid hoc iniquius aut indignius, C. Aquili, dici aut commemorari potest, quam me qui caput alterius, famam fortunasque defendam priore loco causam dicere? cum praesertim Q. Hortensius qui in hoc iudicio partis accusatoris obtinet contra me sit dicturus, cui summam copiam facultatemque dicendi natura largita est. fit ut ego qui tela depellere et volneribus mederi debeam tum id facere cogar cum etiam telum adversarius nullum iecerit, illis autem id tempus impugnandi detur cum et vitandi illorum impetus potestas adempta nobis erit et, si qua in re, id quod parati sunt facere, falsum crimen quasi venenatum aliquod telum iecerint, medicinae faciendae locus non erit.

[¶5] 9. That has happened through the injustice and wrong-doing of the praetor; first, because, contrary to universal custom, he has chosen that the trial as to honour or infamy should take place before the one concerning the fact; secondly, because he has so arranged this very trial, that the defendant is compelled to plead his cause before he has heard a word of the accuser's; and this has been done because of the influence and power of those men who indulge the violence and covetousness of Sextus Naevius as eagerly as if their own property or honour were at stake, and who make experiment of their influence in such matters as this, in which the more weight they have through their virtue and nobility, the less they ought to make a parade of what influence they have.

> Latin: 9. accidit praetoris iniquitate et iniuria, primum quod contra omnium consuetudinem iudicium prius de probro quam de re maluit fieri, deinde quod ita constituit id ipsum iudicium ut reus, ante quam verbum accusatoris audisset, causam dicere cogeretur. eorum gratia et potentia factum est qui, quasi sua res aut honos agatur, ita diligenter Sex. Naevi studio et cupiditati morem gerunt et in eius modi rebus opes suas experiuntur, in quibus, quo plus propter virtutem nobilitatemque possunt, eo minus quantum possint debent ostendere.

[¶6] 10. Since Publius Quinctius, involved in and overwhelmed by such numerous and great difficulties, has taken refuge, O Caius Aquillius, in your good faith, in your truth, in your compassion; when, up to this time, owing to the might of his adversaries, no equal law could be found for him, no equal liberty of pleading, no just magistrate, when, through the greatest injustice, everything was unfavourable and hostile to him; he now prays and entreats you, O Caius Aquillius, and all of you who are present as assessors, to allow justice, which has been tossed about and agitated by many injuries, at length to find rest and a firm footing in this place.

> Latin: 10. tot tantisque difficultatibus adfectus atque adflictus in tuam, C. Aquili, fidem, veritatem, misericordiam P. Quinctius confugerit, cum adhuc ei propter vim adversariorum non ius par, non agendi potestas eadem, non magistratus aequus reperiri potuerit, cum ei summam per iniuriam omnia inimica atque infesta fuerint, te, C. Aquili, vosque qui in consilio adestis, orat atque obsecrat ut multis iniuriis iactatam atque agitatam aequitatem in hoc tandem loco consistere et confirmari patiamini.

[¶7] 11. And that you may the more easily do this, I will endeavour to make you understand how this matter has been managed and carried out. Caius Quinctius was the brother of this Publius Quinctius; in other respects a sufficiently prudent and attentive head of a family, but in one matter a little less wise, inasmuch as he formed a partnership with Sextus Naevius, a respectable man, but one who had not been brought up so as to be acquainted with the rights of partnership, or with the duties of a head of an established family. Not that he was wanting in abilities; for Sextus Naevius as a buffoon was never considered without wit, nor as a crier was he reckoned unmannerly. What followed? As nature had given him nothing better than a voice, and his father had left him nothing besides his freedom, he made gain of his voice, and used his freedom for the object of being loquacious with impunity.

> Latin: 11. quo facilius facere possitis, dabo operam ut a principio res quem ad modum gesta et contracta sit cognoscatis. C. Quinctius fuit P. Quincti huius frater, sane ceterarum rerum pater familias et prudens et attentus, una in re paulo minus consideratus, qui societatem cum Sex. Naevio fecerit, viro bono, verum tamen non ita instituto ut iura societatis et officia certi patris familias nosse posset; non quo ei deesset ingenium; nam neque parum facetus scurra Sex. Naevius neque inhumanus praeco umquam est existimatus. ergo est? Cum ei natura nihil melius quam vocem dedisset, pater nihil praeter libertatem reliquisset, vocem in quaestum contulit, libertate usus est quo impunius dicax esset.

[¶8] 12. So there was no reason in the world for your taking him as a partner, except that he might learn with your money what a harvest money can produce. Nevertheless, induced by acquaintance and intimacy with the man, Quinctius, as I have said, entered into a partnership with him as to those articles which were procured in Gaul. He had considerable property in cattle, and a well-cultivated and productive farm. Naevius is carried off from the halls of Licinius, and from the gang of criers, into Gaul and across the Alps; there is a great change in his situation, none in his disposition; for he who from his boyhood had been proposing to himself gain without any outlay, as soon as he spent anything himself and brought it to the common stock, could not be content with a moderate profit.

> Latin: 12. re quidem socium tibi eum velles adiungere nihil erat nisi ut in tua pecunia condisceret qui pecuniae fructus esset; tamen inductus consuetudine ac familiaritate Quinctius fecit, ut dixi, societatem earum rerum quae in Gallia comparabantur. ei pecuaria res ampla et rustica sane bene culta et fructuosa. ab atriis Liciniis atque a praeconum consessu in Galliam Naevius et trans Alpis usque transfertur. magna mutatio loci, non ingeni. qui ab adulescentulo quaestum sibi instituisset sine impendio, postea quam nescio quid impendit et in commune contulit, mediocri quaestu contentus esse non poterat.

[¶9] 13. Nor is it any wonder if he, who had his voice for sale, thought that those things which he had acquired by his voice would be a great profit to him; so that without much moderation, he carried off whatever he could from the common stock to his private house for himself. And in this he was as industrious as if all who behaved in a partnership with exact good faith, were usually condemned in a trial before an arbitrator. But concerning these matters I do not consider it necessary to say what Publius Quinctius wishes me to mention; although the cause calls for it: yet as it only calls for it, and does not absolutely require it, I will pass it over.

> Latin: 13. mirum, si is qui vocem venalem habuerat ea quae voce quaesiverat magno sibi quaestui fore putabat. hercule haud mediocriter de communi quodcumque poterat ad se in privatam domum sevocabat; qua in re ita diligens erat quasi ei qui magna fide societatem gererent arbitrium pro socio condemnari solerent. his de rebus non necesse habeo dicere ea quae me P. Quinctius cupit commemorare; tametsi causa postulat, tamen quia postulat, non flagitat, praeteribo.

[¶10] 14. When this partnership had now subsisted many years, and when Naevius had often been suspected by Quinctius, and was not able conveniently to give an account of the transactions which he had carried on according to his caprice, and not on any system, Quinctius dies in Gaul, when Naevius was there too, and dies suddenly. By his will he left this Publius Quinctius his heir, in order that, as great grief would come to him by his death, great honour should also accrue to him.

> Latin: 14. annos iam compluris societas esset, et cum saepe suspectus Quinctio Naevius fuisset neque ita commode posset rationem reddere earum rerum quas libidine, non ratione gesserat, moritur in Gallia Quinctius, cum adesset Naevius, et moritur repentino. testamento reliquit hunc P. Quinctium ut, ad quem summus maeror morte sua veniebat, ad eundem summus honos quoque perveniret.

[¶11] 15. When he was dead, Publius Quinctius soon after goes into Gaul. There he lives on terms of intimacy with that fellow Naevius. There they are together nearly a year, during which they had many communications with one another about their partnership, and about the whole of their accounts and their estate in Gaul; nor during that time did Naevius utter one single word about either the partnership owing him anything, or about Quinctius having owed him anything on his private account. As there was some little debt left behind, the payment of which was to be provided for at Rome, this Publius Quinctius issues notices that he shall put up to auction in Gaul, at Narbonne, those things which were his own private property.

> Latin: 15. mortuo, nec ita multo post, in Galliam proficiscitur Quinctius, ibi cum isto Naevio familiariter vivit. fere una sunt, cum et de societate multa inter se communicarent et de tota illa ratione atque re Gallicana; neque interea verbum ullum interposuit Naevius aut societatem sibi quippiam debere aut privatim Quinctium debuisse. Cum aeris alieni aliquantum esset relictum, quibus nominibus pecuniam Romae curari oporteret, auctionem in Gallia P. hic Quinctius Narbone se facturum esse proscribit earum rerum quae ipsius erant privatae.

[¶12] 16. On this, this excellent man, Sextus Naevius, dissuades the man by many speeches from putting the things up to auction, saying that he would not be able at that time to sell so conveniently what he had advertised. That he had a sum of money at Rome, which if Quinctius were wise he would consider their common property, from their brotherly intimacy, and also from his relationship with himself; for Naevius has married the cousin of Publius Quinctius, and has children by her. Because Naevius was saying just what a good man ought, Quinctius believed that he who imitated the language of good men, would imitate also their actions. He gives up the idea of having an auction; he goes to Rome; at the same time Naevius also leaves Gaul for Rome.

> Latin: 16. tum vir optimus. Naevius hominem multis verbis deterret ne auctionetur; eum non ita commode posse eo tempore quo proscripsisset vendere; Romae sibi nummorum facultatem esse, quam, si saperet, communem existimaret pro fraterna illa necessitudine et pro ipsius adfinitate; nam P. Quincti consobrinam habet in matrimonio Naevius et ex ea liberos., quod virum bonum facere oportebat, id loquebatur Naevius, credidit Quinctius eum qui orationem bonorum imitaretur facta quoque imitaturum; auctionem velle facere desistit, Romam proficiscitur; decedit ex Gallia Romam simul Naevius.

[¶13] 17. As Caius Quinctius had owed money to Publius Scapula, Publius Quinctius referred it to you, O Caius Aquillius, to decide what he should pay his children. He preferred submitting to your decision in this matter, because, on account of the difference in the exchange, it was not sufficient to look in his books and see how much was owed, unless he had inquired at the temple of Castor how much was to be paid in Roman money. You decide and determine, on account of the friendship existing between you and the family of the Scapulae, what was to be paid to them to a penny.

> Latin: 17. pecuniam C. Quinctius P. Scapulae debuisset, per te, C. Aquili, decidit P. Quinctius quid liberis eius dissolveret. eo per te agebatur quod propter aerariam rationem non satis erat in tabulis inspexisse quantum deberetur, nisi ad Castoris quaesisses quantum solveretur. statuisque tu propter necessitudinem quae tibi cum Scapulis est quid eis ad denarium solveretur.

[¶14] 18. All these things Quinctius did by the advice and at the instigation of Naevius: nor is there anything strange in his adopting the advice of the man whose assistance he thought at his service. For not only had he promised it in Gaul, but every day he kept on saying at Rome that he would pay the money as soon as he gave him a hint to do so. Quinctius moreover saw that he was able to do so. He knew that he ought; he did not think that he was telling lies, because there was no reason why he should tell lies. He arranged, therefore, that he would pay the Scapulae as if he had the money at home. He gives Naevius notice of it, and asks him to provide for the payment as he had said he would.

> Latin: 18. omnia Quinctius agebat auctore et consuasore Naevio. mirum, si eius utebatur consilio cuius auxilium sibi paratum putabat; non modo enim pollicitus erat in Gallia sed Romae cotidie, simul atque sibi hic adnuisset, numeraturum se dicebat. Quinctius porro istum posse facere videbat, debere intellegebat, mentiri, quia causa cur mentiretur non erat, non putabat; quasi domi nummos haberet, ita constituit Scapulis se daturum; Naevium certiorem facit, rogat ut curet quod dixisset.

[¶15] 19. Then that worthy man—I hope he will not think I am laughing at him if I call him again a most worthy man—as he thought that he was brought into a great strait, hoping to pin him down to his own terms at the very nick of time, says that he will not pay a penny, unless a decision is first come to about all the affairs and accounts of the partnership, and unless he knew that there would be no dispute between him and Quinctius. We will look into these matters at a future time, says Quinctius, but at present I wish you to provide, if you please, what you said you would. He says that he will not do so on any other condition; and that what he had promised no more concerned him, than it would if when he was holding a sale by auction, he had made any bidding at the command of the owner.

> Latin: 19. iste vir optimus—vereor ne se derideri putet quod iterum iam dico “optimus”—qui hunc in summas angustias adductum putaret, ut eum suis condicionibus in ipso articulo temporis adstringeret, assem sese negat daturum, nisi prius de rebus rationibusque societatis omnibus decidisset et scisset sibi cum Quinctio controversiae nihil futurum. “,” inquit, “ista videbimus,” Quinctius; “nunc hoc velim cures, si tibi videtur, quod dixisti.” se alia ratione facturum; quod promisisset, non plus sua referre quam si, cum auctionem venderet, domini iussu quippiam promisisset.

[¶16] 20. Quinctius being perplexed at this desertion, obtains a few days' delay from the Scapulae; he sends into Gaul to have those things sold which he had advertised; being absent, he sells them at a less favourable time than before; he pays the Scapulae with more disadvantage to himself than he would have done. Then of his own accord he calls Naevius to account, in order, since he suspected that there would be a dispute about something, to provide for the termination of the business as soon as possible, and with the smallest possible trouble.

> Latin: 20. illa perculsus Quinctius a Scapulis paucos dies aufert, in Galliam mittit ut ea quae proscripserat venirent, deteriore tempore absens auctionatur, Scapulis difficiliore condicione dissolvit. appellat ultro Naevium ut, quoniam suspicaretur aliqua de re fore controversiam, videret ut quam primum et quam minima cum molestia tota res transigeretur.

[¶17] 21. He appoints as his umpire his friend Marcus Trebellius; we name a common friend, a relation of our own, Sextus Alphenus, who had been brought up in his house, and with whom he was exceedingly intimate. No agreement could be come to; because the one was willing to put up with a slight loss, but the other was not content with a moderate booty.

> Latin: 21. iste amicum M. Trebellium, nos communem necessarium, qui istius domi erat eductus et quo utebatur iste plurimum, propinquum nostrum,. Alfenum. convenire nullo modo poterat, propterea quod hic mediocrem iacturam facere cupiebat, iste mediocri praeda contentus non erat.

[¶18] 22. So from that time the matter was referred to legal decision. After many delays, and when much time had been wasted in that business, and nothing had been done, Naevius appeared before the judge. I beseech you, O Caius Aquillius, and you the assessors in this suit, to observe carefully, in order that you may be able to understand the singular nature of this fraud, and the new method of trickery employed.

> Latin: 22. ex eo tempore res esse in vadimonium coepit. Cum vadimonia saepe dilata essent et cum aliquantum temporis in ea re esset consumptum neque quicquam profectum esset, venit ad vadimonium Naevius., C. Aquili vosque qui adestis in consilio, ut diligenter attendatis, ut singulare genus fraudis et novam rationem insidiarum cognoscere possitis.

[¶19] 23. He says that he had had a sale by auction in Gaul; that he had sold what he thought fit; that he had taken care that the partnership should owe him nothing; that he would have no more to do with summoning any one, or with giving security; if Quinctius had any business to transact with him, he had no objection. He, as he was desirous to revisit his farm in Gaul, does not summon the man at present; so he departs without giving security. After that, Quinctius remains at Rome about thirty days. He gets any securities which he had given other people respited, so as to be able to go without hindrance into Gaul.

> Latin: 23. se auctionatum esse in Gallia; quod sibi videretur se vendidisse; curasse ne quid sibi societas deberet; se iam neque vadari amplius neque vadimonium promittere; si quid agere secum velit Quinctius, non recusare. cum rem Gallicanam cuperet revisere, hominem in praesentia non vadatur; ita sine vadimonio disceditur. Romae dies xxx fere Quinctius commoratur; cum ceteris quae habebat vadimonia differt ut expeditus in Galliam proficisci posset; proficiscitur. Roma egreditur ante diem ii Kalend.

[¶20] 24. He goes; he leaves Rome on the twenty-ninth of January, in the Consulship of Scipio and Norbanus;—I beg of you to remember the day. Lucius Albius the son of Sextus of the Quirine tribe, a good man and of the highest reputation for honour, set out with him. When they had come to the place called the fords of Volaterra, they see a great friend of Naevius, who was bringing him some slaves from Gaul to be sold, Lucius Publicius by name, who when he arrived in Rome told Naevius in what place he had seen Quinctius; and unless this had been told Naevius by Publicius, the matter would not so soon have come to trial.

> Latin: 24. Februarias Quinctius Scipione et Norbano coss. ut eum diem memoriae mandetis. L. Albius. filius Quirina, vir bonus et cum primis honestus, una profectus est. Cum venissent ad Vada Volaterrana quae nominantur, vident perfamiliarem Naevi, qui ex Gallia pueros venalis isti adducebat, L. Publicium; qui, ut Romam venit, narrat Naevio quo in loco viderit Quinctium.

[¶21] 25. Then Naevius sends his slaves round to his friends; he summons himself all his associates from the halls of Licinius and from the jaws of the shambles, and entreats them to come to the booth of Sextus by the second hour of the next day. They come in crowds; he makes oath that Publius Quinctius has not appeared to his bail, and that he has appeared to his. A long protest to this effect is sealed with the seals of noble men. They depart: Naevius demands of Burrienus the praetor, that by his edict he may take possession of Quinctius's goods. He urged the confiscation of the property of that man with whom he had had intimacy, with whom he actually was in partnership, between whom and himself there was a relationship, which while his children lived could not possibly be annulled.

> Latin: 25. ubi ex Publicio audivit, pueros circum amicos dimittit, ipse suos necessarios ab atriis Liciniis et a faucibus macelli corrogat ut ad tabulam Sextiam sibi adsint hora secunda postridie. frequentes. iste P. Quinctium non stetisse et stetisse se; tabulae maxime signis hominum nobilium consignantur, disceditur. a Burrieno praetore Naevius ut ex edicto bona possidere liceat; iussit bona proscribi eius quicum familiaritas fuerat, societas erat, adfinitas liberis istius vivis divelli nullo modo poterat.

[¶22] 26. From which act it could easily be perceived that there is no bond so holy and solemn, that avarice is not in the habit of weakening and violating it. In truth, if friendship is kept up by truth, society by good faith, relationship by affection, it is inevitable that he who has endeavoured to despoil his friend, his partner, and his relation of fame and fortune, should confess himself worthless and perfidious and impious.

> Latin: 26. ex re intellegi facile potuit nullum esse officium tam sanctum atque sollemne quod non avaritia comminuere ac violare soleat. si veritate amicitia, fide societas, pietate propinquitas colitur, necesse est iste qui amicum, socium, adfinem fama ac fortunis spoliare conatus est vanum se et perfidiosum et impium esse fateatur.

[¶23] 27. Sextus Alphenus, the agent of Publius Quinctius, the intimate friend and relation of Sextus Naevius, tears down the bills; carries off one little slave whom Naevius had laid hold of; gives notice that he is the agent, and that it is only fair that that fellow should consult the fame and fortunes of Publius Quinctius, and await his arrival. But if he would not do so, and believed that by such methods he could bring him into the conditions which he proposed, then he asked nothing as a favour, and if Naevius chose to go to law, he would defend him at the trial.

> Latin: 27. Sex. Alfenus, procurator P. Quincti, familiaris et propinquus Sex. Naevi, deicit, servolum unum quem iste prenderat abducit, denuntiat sese procuratorem esse, istum aequum esse famae fortunisque P. Quincti consulere et adventum eius exspectare; quod si facere nolit atque imbiberit eius modi rationibus illum ad suas condiciones perducere, sese nihil precari et, si quid agere velit, iudicio defendere.

[¶24] 28. While this is being done at Rome, meantime Quinctius, contrary to law and to custom, and to the edicts of the praetors, is driven by force by the slaves which belonged to both him and Naevius, as partners, from their common lands and estates. Think, O Caius Aquillius, that Naevius did everything at Rome with moderation and good sense, if this which was done in Gaul in obedience to his letters was done rightly and legally. Quinctius being expelled and turned out of his farm, having received a most notorious injury, flies to Caius Flaccus the general, who was at that time in the province; whom I name to do him honour as his dignity demands. How strongly he was of opinion that that action called for punishment you will be able to learn from his decrees.

> Latin: 28. dum Romae geruntur, Quinctius interea contra ius, consuetudinem, edicta praetorum de saltu agroque communi a servis communibus vi detruditur., C. Aquili, modo et ratione omnia Romae Naevium fecisse, si hoc quod per litteras istius in Gallia gestum est recte atque ordine factum videtur. atque eiectus e praedio Quinctius accepta insigni iniuria confugit ad C. Flaccum imperatorem, qui tunc erat in provincia, quem, ut ipsius dignitas poscit, honoris gratia nomino. eam rem quam vehementer vindicandam putarit ex decretis eius poteritis cognoscere.

[¶25] 29. Meantime Alphenus was fighting every day at Rome with that old gladiator. He had the people indeed on his side, because that fellow never ceased to aim at the head. Naevius demanded that the agent should give security for payment on judgment being given. Alphenus says that it is not reasonable for an agent to give security, because the defendant would not be bound to give security if he were present himself. The tribunes are appealed to, and as a positive decision was demanded from them, the matter is terminated on the footing of Sextus Alphenus undertaking that Publius Quinctius should answer to his bail by the thirteenth of September.

> Latin: 29. Alfenus interea Romae cum isto gladiatore vetulo cotidie pugnabat; utebatur populo sane suo, propterea quod iste caput petere non desinebat. postulabat ut procurator iudicatum solvi satis daret; negat Alfenus aequum esse procuratorem satis dare, quod reus satis dare non deberet, si ipse adesset. tribuni; a quibus cum esset certum auxilium petitum, ita tum disceditur ut Idibus Septembribus P. Quinctium sisti. Alfenus promitteret.

[¶26] 30. Quinctius comes to Rome; he answers to his bail. That fellow, that most energetic man, the seizer of other men's goods, that invader, that robber, for a year and a half asks for nothing, keeps quiet, amuses Quinctius by proposals as long as he can, and at last demands of Cnaeus Dolabella, the praetor, that Quinctius should give security for payment on judgment being given, according to the formula, “Because he demands it of him whose goods he has taken possession of for thirty days, according to the edict of the praetor.” Quinctius made no objection to his ordering him to give security, if his goods had been possessed, in accordance with the praetor's edict. He makes the order; how just a one I do not say—this alone I do say, it was unprecedented: and I would rather not have said even this, since any one could have understood both its characters. He orders Publius Quinctius to give security to Sextus Naevius, to try the point whether his goods had been taken possession of for thirty days, in accordance with the edict of the praetor. The friends who were then with Quinctius objected to this: they showed that a decision ought to be come to as to the fact, so that either each should give security to the other, or else that neither should; that there was no necessity for the character of either being involved in the trial.

> Latin: 30. Romam Quinctius, vadimonium sistit., homo acerrimus, bonorum possessor, expulsor, ereptor, annum et sex mensis nihil petit, quiescit, condicionibus hunc quoad potest producit, a Cn. Dolabella denique praetore postulat ut sibi Quinctius iudicatum solvi satis det ex formula: quod ab eo petat quoivs ex edicto praetoris bona dies xxx possessa sint. recusabat Quinctius quin ita satis dare iuberetur, si bona possessa essent ex edicto. — quam aequum, nihil dico, unum hoc dico, novum; et hoc ipsum tacuisse mallem, quoniam utrumque quivis intellegere potuit—sed iubet P. Quinctium sponsionem cum Sex. Naevio facere: si bona sua ex edicto P. Burrieni praetoris dies xxx possessa non essent. qui aderant tum Quinctio, demonstrabant de re iudicium fieri oportere ut aut uterque inter se aut neuter satis daret; non necesse esse famam alterius in iudicium venire.

[¶27] 31. Moreover, Quinctius himself cried out that he was unwilling to give security, lest by so doing he should seem to admit that his goods had been taken possession of in accordance with the edict: besides, if he gave a bond in that manner, he should be forced (as has now happened) to speak first in a trial affecting himself capitally. Dolabella (as high-born men are wont to do, who, whether they have begun to act rightly or wrongly, carry either conduct to such a height that no one born in our rank of life can overtake them) perseveres most bravely in committing injustice: he bids him either give security or give a bond; and meantime he orders our advocates, who objected to this, to be removed with great roughness.

> Latin: 31. porro ipse Quinctius sese idcirco nolle satis dare ne videretur iudicasse bona sua ex edicto possessa esse; sponsionem porro si istius modi faceret, se, id quod nunc evenit, de capite suo priore loco causam esse dicturum. Dolabella—quem ad modum solent homines nobiles; seu recte seu perperam facere coeperunt, ita in utroque excellunt ut nemo nostro loco natus adsequi possit—iniuriam facere fortissime perseverat; aut satis dare aut sponsionem iubet facere, et interea recusantis nostros advocatos acerrime submoveri.

[¶28] 32. Quinctius departs much embarrassed; and no wonder, when so miserable a choice was offered him, and one so unjust, that he must either himself convict himself of a capital offence if he gave security, or open the cause himself in a capital trial if he gave a bond. As in the one case there was no reason why he should pass an unfavourable sentence on himself (for sentence passed by oneself is the hardest sentence of all), but in the other case there was hope of coming before such a man as a judge, as would show him the more favour the more without interest he was, he preferred to give a bond. He did so. He had you, O Caius Aquillius, for the judge; he pleaded according to his bond; in what I have now mid consists the sum and the whole of the present trial.

> Latin: 32. sane discedit Quinctius; neque mirum, cui haec optio tam misera tamque iniqua daretur ut aut ipse se capitis damnaret, si satis dedisset, aut causam capitis, si sponsionem fecisset, priore loco diceret. Cum in altera re causae nihil esset quin secus iudicaret ipse de se, quod iudicium gravissimum est, in altera spes esset ad talem tamen virum iudicem veniendi, unde eo plus opis auferret quo minus attulisset gratiae, sponsionem facere maluit; fecit; te iudicem, C. Aquili, sumpsit, ex sponso egit. hoc summa iudici causaque tota consistit.

[¶29] 33. You see, O Caius Aquillius, that it is a trial touching not the property of Publius Quinctius, but his fame and fortunes. Though our ancestors have determined that he who is pleading for his life should speak last, you see that we, owing to this unprecedented accusation of the prosecutor's, are pleading our cause first. Moreover, you see that those who are more accustomed to defend people are today acting as accusers; and that those talents are turned to do people injury, which have hitherto been employed in ministering to men's safety, and in assisting them. There remained but one thing more, which they put in execution yesterday,—namely, to proceed against you for the purpose of compelling you to limit the time allowed us for making our defence; and this they would easily have obtained from the praetor if you had not taught him what your rights and duties and business were.

> Latin: 33. esse, C. Aquili, non de re pecuniaria, sed de fama fortunisque P. Quincti vides. Cum maiores ita constituerint ut, qui pro capite diceret, is posteriore loco diceret, nos inaudita criminatione accusatorum priore loco causam dicere intellegis. Eos porro qui defendere consuerunt vides accusare, et ea ingenia converti ad perniciem quae antea versabantur in salute atque auxilio ferendo. etiam restiterat quod hesterno die fecerunt, ut te in ius educerent, ut nobis tempus quam diu diceremus praestitueres; quam rem facile a praetore impetrassent, nisi tu quod esset tuum ius et officium potestasque docuisses.

[¶30] 34. Nor was there any longer any assistant left to us but yourself by whose means we could obtain our rights against them. Nor was it even enough for them to obtain that which might be justified to everybody; so trifling and insignificant a thing do they think power to be which is not exercised with injustice. But since Hortensius urges you to come to a decision, and requires of use that I should not waste time in speaking, and complains that when the former advocate was defending this action it never could be brought to a conclusion, I will not allow that suspicion to continue to exist, that we are unwilling for the matter to be decided, nor will I arrogate to myself a power of proving the case better than it has been proved before; nor yet will I make a long speech, because the cause has already been explained by him who has spoken before, and brevity, which is exceedingly agreeable to me, is required of me, who am neither able to devise nor to utter many arguments.

> Latin: 34. nobis adhuc praeter te quisquam fuit, ubi nostrum ius contra illos obtineremus, neque illis umquam satis fuit illud obtinere quod probari omnibus posset; ita sine iniuria potentiam levem atque inopem esse arbitrantur. quoniam tibi instat Hortensius ut eas in consilium, a me postulat ne dicendo tempus absumam, queritur priore patrono causam defendente numquam perorari potuisse, non patiar istam manere suspicionem nos rem iudicari nolle; neque illud mihi adrogabo, me posse causam commodius demonstrare quam antea demonstrata sit, neque tamen tam multa verba faciam, propterea quod et ab illo qui tum dixit iam informata causa est et a me, qui neque excogitare neque pronuntiare multa possum, brevitas postulatur, quae mihimet ipsi amicissima est;

[¶31] 35. I will do what I have often observed you do, O Hortensius; I will distribute my argument on the entire cause into certain divisions. You always do so, because you are always able. I will do so in this cause, because in this cause I think I can. That power which nature gives you of being always able to do so, this cause gives me, so that I am able to do so today. I will appoint myself certain bounds and limits, out of which I cannot stray if I ever so much wish; so that both I may have a subject on which I may speak, and Hortensius may have allegations which he may answer, and you, O Caius Aquillius, may be able to perceive beforehand what topics you are going to hear discussed. We say, O Sextus Naevius, that you did not take possession of the goods of Publius Quinctius in accordance with the edict of the praetor.

> Latin: 35. faciam quod te saepe animadverti facere, Hortensi; totam causae meae dictionem certas in partis dividam. id semper facis, quia semper potes, ego in hac causa faciam, propterea quod in hac videor posse facere; quod tibi natura dat ut semper possis, id mihi causa concedit ut hodie possim. mihi finis terminosque constituam, extra quos egredi non possim, si maxime velim, ut et mihi sit propositum de quo dicam, et Hortensius habeat exposita ad quae respondeat, et tu, C. Aquili, iam ante animo prospicere possis quibus de rebus auditurus sis.

[¶32] 36. On that point the security was given. I will show first, that there was no cause why you should require of the praetor power to take possession of the goods of Publius Quinctius; in the second place, that you could not have taken possession of them according to the edict; lastly, that you did not take possession of them. I entreat you, O Caius Aquillius, and you too the assessors, to preserve carefully in your recollections what I have undertaken. You will more easily comprehend the whole business if you recollect this; and you will easily recall me by the expression of your opinion if I attempt to overstep those barriers to which I have confined myself. I say that there was no reason why he should make the demand; I say that he could not have taken possession according to the edict; I say that he did not take possession. When I have proved thee three things, I will sum up the whole.

> Latin: 36. te bona P. Quincti,. Naevi, possedisse ex edicto praetoris. eo sponsio facta est. primum causam non fuisse cur a praetore postulares ut bona P. Quincti possideres, deinde ex edicto te possidere non potuisse, postremo non possedisse., C. Aquili vosque qui estis in consilio, ut quid pollicitus sim diligenter memoriae mandetis; etenim rem facilius totam accipietis, si haec memineritis, et me facile vestra existimatione revocabitis, si extra hos cancellos egredi conabor quos mihi ipse circumdedi. fuisse causam cur postularet, nego ex edicto possidere potuisse, nego possedisse. tria cum docuero, peroraro.

[¶33] 37. There was no reason why you should make the demand, How can this be proved? Because Quinctius owed nothing whatever to Sextus Naevius, neither on account of the partnership, nor from any private debt. Who is a witness of this? Why, the same man who is our most bitter enemy. In this matter I will cite you—you, I say, O Naevius, as our witness Quinctius was with you in Gaul a year, and more than that, after the death of Caius Quinctius. Prove that you ever demanded of him this vast sum of money, I know not how much; prove that you ever mentioned it, ever said it was owing, and I will admit that he owed it.

> Latin: 37. fuit causa cur postularet. hoc intellegi potest? Sex. Naevio neque ex societatis ratione neque privatim quicquam debuit Quinctius. huic rei testis est? qui acerrimus adversarius; in hanc rem te, te inquam, testem, Naevi, citabo. et eo diutius post mortem C. Quincti fuit in Gallia tecum simul Quinctius. te petisse ab eo istam nescio quam innumerabilem pecuniam, doce aliquando mentionem fecisse, dixisse deberi; debuisse concedam.

[¶34] 38. Caius Quinctius dies; who, as you say, owed you a large sum for some particular articles. His heir, Publius Quinctius, comes into Gaul to you, to your joint estate—comes to that place where not only the property was, but also all the accounts and all the books. Who would have been so careless in his private affairs, who so negligent, who so unlike you, O Sextus, us not, when the effects were gone from his hands who had contracted the debt, and had become the property of his heir, to inform the heir of it as soon as he saw him? to apply for the money? to give in his account? and if anything were disputed, to arrange it either in a friendly manner, or by the intervention of strict law? Is it not so? that which the best men do, those who wish their relations and friends to be affectionate towards them and honourable, would Sextus Naevius not do that, he who so burns, who is so hurried away by avarice, that he is unwilling to give up any part of his own property, lest he should leave some fraction to be any credit or advantage to this his near relation.

> Latin: 38. C. Quinctius qui tibi, ut ais, certis nominibus grandem pecuniam debuit. Heres eius P. Quinctius in Galliam ad te ipsum venit in agrum communem, eo denique ubi non modo res erat sed ratio quoque omnis et omnes litterae. tam dissolutus in re familiari fuisset, quis tam neglegens, quis tam tui, Sexte, dissimilis qui, cum res ab eo quicum contraxisset recessisset et ad heredem pervenisset, non heredem, cum primum vidisset, certiorem faceret, appellaret, rationem adferret, si quid in controversiam veniret, aut intra parietes aut summo iure experiretur? est? quod viri optimi faciunt, si qui suos propinquos ac necessarios caros et honestos esse atque haberi volunt, id Sex. Naevius non faceret, qui usque eo fervet ferturque avaritia ut de suis commodis aliquam partem velit committere ne quam partem huic propinquo suo ullius ornamenti relinquat?

## 2. Sections 39–69

Source: https://scriptura.si/works/cicero-pro-quinctio/2/ · cite a paragraph as https://scriptura.si/works/cicero-pro-quinctio/2/#p-N

[¶0] 39. And would he not demand the money, if any were owing, who, because that was not paid which was never owed, seeks to take away not the money only, but even the life of his relation? You were unwilling, I suppose, to be troublesome to him whom you will not allow even to live as a free man! You were unwilling at that time modestly to ask that man for money, whom you now will nefariously to murder! I suppose so. You were unwilling, or you did not dare, to ask a man who was your relation, who had a regard for you, a good man, a temperate man, a man older than yourself. Often (as sometimes happens with men), when you had fortified yourself, when you had determined to mention the money, when you had come ready prepared and having considered the matter, you being a nervous man, of virgin modesty, on a sudden checked yourself, your voice failed you, you did not dare to ask him for money whom you wished to ask, lest he should be unwilling to hear you. No doubt that was it.

> Latin: 39. et is pecuniam, si qua deberetur, non peteret qui, quia, quod debitum numquam est, id datum non est, non pecuniam modo verum etiam hominis propinqui sanguinem vitamque eripere conatur? tum molestus esse videlicet noluisti quem nunc respirare libere non sinis; quem nunc interficere nefarie cupis, eum tum pudenter appellare nolebas. credo; hominem propinquum, tui observantem, virum bonum, pudentem, maiorem natu nolebas aut non audebas appellare; saepe, ut fit, cum ipse te confirmasses, cum statuisses mentionem de pecunia facere, cum paratus meditatusque venisses, homo timidus virginali verecundia subito ipse te retinebas; excidebat repente oratio; cum cuperes appellare, non audebas, ne invitus audiret. erat profecto.

[¶1] 40. Let us believe this, that Sextus Naevius spared the ears of the man whose life he is attacking! If he had owed you money, O Sextus, you would have asked for it at once; if not at once, at all events soon after; if not soon after, at least after a time; in six months I should think; beyond all doubt at the close of the year: but for a year and a half, when you had every day an opportunity of reminding the man of the debt, you say not one word about it; but now, when nearly two years have passed, you ask for the money. What profligate and extravagant spendthrift, even before his property is diminished, but while it is still abundant, would have been so reckless as Sextus Naevius was? When I name the man, I seem to myself to have said enough.

> Latin: 40. hoc,. Naevium, cuius caput oppugnet, eius auribus pepercisse. debuisset, Sexte, petisses, et petisses statim; si non statim, paulo quidem post; si non paulo, at aliquanto; sex quidem illis mensibus profecto; anno vertente sine controversia. et sex mensibus vero, cum tibi cotidie potestas hominis fuisset admonendi, verbum nullum facis; biennio iam confecto fere appellas. tam perditus ac profusus nepos non adesa iam sed abundanti etiam pecunia sic dissolutus fuisset ut fuit Sex. Naevius? Cum hominem nomino, satis mihi videor dicere.

[¶2] 41. Caius Quinctius owed you money; you never asked for it: he died; his property came to his heir; though you saw him every day, you did not ask for it for two years; will any one doubt which is the more probable, that Sextus Naevius would instantly have asked for what was owed to him, or that be would not have asked for two years? Had he no opportunity of asking? Why, he lived with you more than a year: could no measures be taken in Gaul? But there was law administered in the province, and trials were taking place at Rome. The only alternative remaining is, either extreme carelessness prevented you, or extraordinary liberality. If you call it carelessness, we shall wonder; if you call it kindness, we shall laugh; and what else you can call it I know not; it is proof enough that nothing was owing to Naevius, that for such a length of time he asked for nothing.

> Latin: 41. tibi C. Quinctius, numquam petisti; mortuus est ille, res ad heredem venit; cum eum cotidie videres, post biennium denique appellas. utrum sit probabilius, Sex. Naevium statim si quid deberetur petiturum fuisse, an ne appellaturum quidem biennio? tempus non erat? tecum plus annum vixit. Gallia agi non potuit? et in provincia ius dicebatur et Romae iudicia fiebant. ut aut summa neglegentia tibi obstiterit aut unica liberalitas. neglegentiam dices, mirabimur, si bonitatem, ridebimus; neque praeterea quid possis dicere invenio. est argumenti nihil esse debitum Naevio, quod tam diu nihil petivit.

[¶3] 42. What if I show that this very thing which he is now doing is a proof that nothing is due? For what is Sextus Naevius doing now? About what is there a dispute? What is this trial on which we have now been occupied two years? What is the important business with which he is wearying so many eminent men? He is asking for his money. What now, at last? But let him ask; let us hear what he has to say.

> Latin: 42. si hoc ipsum quod nunc facit ostendo testimonio esse nihil deberi? enim nunc agit Sex. Naevius? qua de re controversia est? quod est hoc iudicium in quo iam biennium versamur? quid negoti geritur in quo ille tot et talis viros defatigat? petit. denique? verum tamen petat; audiamus.

[¶4] 43. He wishes a decision to be come to concerning the accounts and disputes of the partnership. It is very late. However, better late than never; let us grant it. Oh, says be, I do not want that now, O Caius Aquillius; and I am not troubling myself about that now: Publius Quinctius has had the use of my money for so many years; let him use it, I do not ask anything. What then are you contending for? is it with that object that you have often announced in many places—that he may no longer be a citizen? that he may not keep that rank which hitherto he has most honourably preserved? that be may not be counted among the living? that he may be in peril of his life and all his honours? that he may have to plead his cause before the plaintiff speaks, and that when he has ended his speech he may then hear the voice of his accuser? What? What is the object of this? That you may the quicker arrive at your rights? But if you wished that might be already done. That you may contend according to a more respectable form of procedure?

> Latin: 43. rationibus et controversiis societatis volt diiudicari., verum aliquando tamen; concedamus. “,” inquit, “id ago, C. Aquili, neque in eo nunc laboro. mea tot annos utitur P. Quinctius. Vtatur sane; non peto.” igitur pugnas? an, quod saepe multis in locis dixisti, ne in civitate sit, ne locum suum quem adhuc honestissime defendit obtineat, ne numeretur inter vivos, ut decernat de vita et ornamentis suis omnibus, apud iudicem causam priore loco dicat et, eam cum orarit, tum denique vocem accusatoris audiat?? hoc quo pertinet? ut ocius ad tuum pervenias? si id velles, iam pridem actum esse poterat. Vt honestiore iudicio conflictere?

[¶5] 44. But you cannot murder Publius Quinctius your own relation, without the greatest wickedness. That the trial may be facilitated I But neither does Caius Aquillius willingly decide on the life of another, nor has Quintus Hortensius been in the habit of pleading against a man's life. But what reply is made by us, O Caius Aquillius? He asks for his money: we deny that it is due. Let a trial take place instantly; we make no objection; is there anything more? If he is afraid that the money will not be forth coming when the decision is given let him take security that it shall be; and let him give security for what I demand in the very same terms in which we give security.

> Latin: 44. sine summo scelere P. Quinctium, propinquum tuum, iugulare non potes. Vt facilius iudicium sit? neque C. Aquilius de capite alterius libenter iudicat et Q. Hortensius contra caput non didicit dicere. a nobis autem, C. Aquili, refertur? petit; negamus deberi. fiat statim; non recusamus. quid praeterea? veretur ut res iudicio facto parata sit, iudicatum solvi satis accipiat; quibus a me verbis satis acceperit, isdem ipse, quod peto, satis det. iam potest esse, C. Aquili; iam tu potes liberatus discedere molestia prope dicam non minore quam Quinctius.

[¶6] 45. The matter can be terminated at once, O Caius Aquillius You can at once depart, being delivered from an annoyance, I had almost said, no less than that Quinctius is exposed to. What are we doing, Hortensius? what are we to say of this condition? Can we, some time or other, laying aside our weapons, discuss the money matter without hazard of any one's fortunes? Can we so prosecute our business, as to leave the life of our relation in safety? Can we adopt the character of a plaintiff, and lay aside that of an accuser? Yes, says he, I will take security from you, but I will not give you security. But who is it that lays down for us these very reasonable conditions? who determines this—that what is just towards Quinctius is unjust towards Naevius? The goods of Quinctius, says he, were taken possession of in accordance with the edict of the praetor. You demand then, that I should admit that; that we should establish by our own sentence, as having taken place, that which we go to trial expressly to prove never did take place.

> Latin: 45. agimus, Hortensi? quid de hac condicione dicimus? aliquando depositis armis sine periculo fortunarum de re pecuniaria disceptare? possumus ita rem nostram persequi ut hominis propinqui caput incolume esse patiamur? possumus petitoris personam capere, accusatoris deponere? “,” inquit, “abs te satis accipiam; ego autem tibi satis non dabo.” tandem nobis ista iura tam aequa discribit? quis hoc statuit, quod aequum sit in Quinctium, id iniquum esse in Naevium? “Quincti bona,” inquit, “ex edicto praetoris possessa sunt.”, id ut confitear, postulas ut, quod numquam factum esse iudicio defendimus, id, proinde quasi factum sit, nostro iudicio confirmemus?

[¶7] 46. Can no means be found, O Caius Aquillius, for a man's arriving at his rights as expeditiously as maybe without the disgrace and infamy and ruin of any one else? Forsooth, if anything were owed, he would ask for it: he would not prefer that all sorts of trials should take place, rather than that one from which all these arise. He, who for so many years never even asked Quinctius for the money, when he had an opportunity of transacting business with him every day; he who, from the time when he first began to behave ill, has wasted all the time in adjournments and respiting the recognizances; he who, after he had withdrawn his recognizance drove Quinctius by treachery and violence from their joint estate; who, when he had ample opportunity, without any one's making objection, to try a civil action, chose rather a charge that involved infamy; who, when he is brought back to this tribunal, whence all these proceedings arise, repudiates the most reasonable proposals; confesses that he is aiming, not at the money, but at the life and heart's blood of his adversary;—does he not openly say, “if anything were owing to me, I should demand it, and I should long ago have obtained it;

> Latin: 46. ratio, C. Aquili, non potest ut ad suum quisque quam primum sine cuiusquam dedecore, infamia pernicieque perveniat?, si quid deberetur, peteret; non omnia iudicia fieri mallet quam unum illud unde haec omnia iudicia nascuntur. inter tot annos ne appellarit quidem Quinctium, cum potestas esset agendi cotidie, qui, quo tempore primum agere coepit, in vadimoniis differendis tempus omne consumpserit, qui postea vadimonium quoque missum fecerit, hunc per insidias vi de agro communi deiecerit, qui, cum de re agendi nullo recusante potestas fuisset, sponsionem de probro facere maluerit, qui, cum revocetur ad id iudicium unde haec nata sunt omnia, condicionem aequissimam repudiet, fateatur se non pecuniam sed vitam et sanguinem petere, is non hoc palam dicit: “mihi si quid deberetur, peterem atque adeo iam pridem abstulissem;”

[¶8] 47. I would not employ so much trouble, so unpopular a course of legal proceeding, and such a band of favourers of my cause, if I had to make a just demand; I have got to extort money from one unwilling, and in spite of him; I have got to tear and squeeze out of a man what he does not owe; Publius Quinctius is to be cast down from all his fortune; every one who is powerful, or eloquent, or noble, must be brought into court with me; a force must be put upon truth, threats must be bandied about, dangers must be threatened; terrors must be brandished before his eyes, that being cowed and overcome by these things, he may at last yield of his own accord.” And, in truth, all these things, when I see who are striving against us, and when I consider the party sitting opposite to me, seem to be impending over, and to be present to us, and to be impossible to be avoided by any means. But when, O Caius Aquillius, I bring my eyes and my mind back to you, the greater the labour and zeal with which all these things are done, the more trifling and powerless do I think them. Quinctius then owed nothing, as you prove yourself.

> Latin: 47. “nihil hoc tanto negotio, nihil tam invidioso iudicio, nihil tam copiosa advocatione uterer, si petendum esset; extorquendum est invito atque ingratis; quod non debet, eripiendum atque exprimendum est; de fortunis omnibus P. Quinctius deturbandus est; potentes, diserti, nobiles omnes advocandi sunt; adhibenda vis est veritati, minae iactentur, pericula intendantur, formidines opponantur, ut his rebus aliquando victus et perterritus ipse se dedat?” me hercule omnia, cum qui contra pugnent video, et cum illum consessum considero, adesse atque impendere videntur neque vitari ullo modo posse; cum autem ad te, C. Aquili, oculos animumque rettuli, quo maiore conatu studioque aguntur, eo leviora infirmioraque existimo. igitur debuit, ut tu ipse praedicas.

[¶9] 48. But what if he had owed you anything? would that have at once been a reason for your requiring leave from the praetor to take possession of his goods? I think that was neither according to law, nor expedient for any one. What then does he prove? He says that he had forfeited his recognizances. Before I prove that he had not done so, I choose, O Caius Aquillius, to consider both the fact itself and the conduct of Sextus Naevius, with reference to the principles of plain duty, and the common usages of men. He, as you say, had not appeared to his recognizances; he with whom you were connected by relationship, by partnership, by every sort of bond and ancient intimacy. Was it decent for you to go at once to the praetor? was it fair for you at once to demand to be allowed to take possession of his goods according to the edict? Did you betake yourself to these extreme measures and to these most hostile laws with such eagerness as to leave yourself nothing behind which you might be able to do still more bitter and cruel?

> Latin: 48. si debuisset? continuone causa fuisset cur a praetore postulares ut bona possideres? opinor id quidem neque ius esse neque cuiquam expedire. igitur demonstrat? sibi ait esse desertum. quam doceo id factum non esse, libet mihi, C. Aquili, ex offici ratione atque ex omnium consuetudine rem ipsam et factum simul Sex. Naevi considerare. vadimonium non venerat, ut ais, is quicum tibi adfinitas, societas, omnes denique causae et necessitudines veteres intercedebant. ad praetorem ire convenit? continuone verum fuit postulare ut ex edicto bona possidere liceret? ad haec extrema et inimicissima iura tam cupide decurrebas ut tibi nihil in posterum quod gravius atque crudelius facere posses reservares?

[¶10] 49. For, what could happen more shameful to any human being, what more miserable or more bitter to a man; what disgrace could happen so heavy, what disaster can be imagined so intolerable? If fortune deprived any one of money, or if the injustice of another took it from him, still while his reputation is unimpeached, honour easily makes amends for poverty. And some men, though stained with ignominy, or convicted in discreditable trials, still enjoy their wealth; are not forced to dance attendance (which is the most wretched of all states) on the power of another; and in their distresses they are relieved by this support and comfort; but he whose goods have been sold, who has seen not merely his ample estates, but even his necessary food and clothing put up under the hammer, with great disgrace to himself; he is not only erased from the list of men, but he is removed out of sight, if possible, even beneath the dead. An honourable death forsooth often sets off even a base life, but a dishonoured life leaves no room to hope for even an honourable death.

> Latin: 49. quid homini potest turpius, quid viro miserius aut acerbius usu venire? quod tantum evenire dedecus, quae tanta calamitas inveniri potest? si cuipiam fortuna ademit aut si alicuius eripuit iniuria, tamen, dum existimatio est integra, facile consolatur honestas egestatem. non nemo aut ignominia adfectus aut iudicio turpi convictus bonis quidem suis utitur, alterius opes, id quod miserrimum est, non exspectat, hoc tamen in miseriis adiumento et solacio sublevatur. vero bona venierunt, cuius non modo illae amplissimae fortunae sed etiam victus vestitusque necessarius sub praeconem cum dedecore subiectus est, is non modo ex numero vivorum exturbatur, sed, si fieri potest, infra etiam mortuos amandatur. mors honesta saepe vitam quoque turpem exornat, vita ita turpis ne morti quidem honestae locum relinquit.

[¶11] 50. Therefore, in truth, when a man's goods are taken possession of according to the praetor's edict, all his fame and reputation is seized at the same time with his goods. A man about whom placards are posted in the most frequented places, is not allowed even to perish in silence and obscurity; a man who has assignees and trustees appointed to pronounce to him on what terms and conditions he is to be ruined; a man about whom the voice of the crier makes proclamation and proclaims his price,—he has a most bitter funeral procession while he is alive, if that may be considered a funeral in which men meet not as friends to do honour to his obsequies, but purchasers of his goods as executioners, to tear to pieces and divide the relics of his existence.

> Latin: 50. hercule, cuius bona ex edicto possidentur, huius omnis fama et existimatio cum bonis simul possidetur; de quo libelli in celeberrimis locis proponuntur, huic ne perire quidem tacite obscureque conceditur; cui magistri fiunt et domini constituuntur, qui qua lege et qua condicione pereat pronuntient, de quo homine praeconis vox praedicat et pretium conficit, huic acerbissimum vivo videntique funus indicitur, si funus id habendum est quo non amici conveniunt ad exsequias cohonestandas, sed bonorum emptores ut carnifices ad reliquias vitae lacerandas et distrahendas.

[¶12] 51. Therefore our ancestors determined that such a thing should seldom happen; the praetors have taken care that it should only happen after deliberation; good men, even when fraud is openly committed, when there is no opportunity of trying the case at law, still have recourse to this measure timidly and hesitatingly; not till they are compelled by force and necessity, unwillingly, when the recognizances have often been forfeited, when they have been often deceived and outwitted. For they consider how serious a matter it is to confiscate the property of another. A good man is unwilling to slay another, even according to law; for he would rather say that he had saved when he might have destroyed, than that he had destroyed when he could have saved. Good men behave so to the most perfect strangers, aye, even to their greatest enemies, for the sake both of their reputation among men, and of the common rights of humanity; in order that, as they have not knowingly caused inconvenience to another, no inconvenience may lawfully befall them. He did not appear to his recognizances. Who? Your own relation. If that matter appeared of the greatest importance in itself, yet its magnitude would be lessened by the consideration of your relationship. He did not appear to his recognizances. Who? Your partner. You might forgive even a greater thing than this, to a man with whom either your inclination had connected you, or fortune had associated you.

> Latin: 51. maiores nostri raro id accidere voluerunt, praetores ut considerate fieret comparaverunt. boni cum palam fraudantur, cum experiendi potestas non est, timide tamen et pedetemptim istuc descendunt vi ac necessitate coacti, inviti, multis vadimoniis desertis, saepe inlusi ac destituti; considerant enim quid et quantum sit alterius bona proscribere. civem ne iure quidem quisquam bonus volt, mavolt commemorari se cum posset perdere pepercisse, quam cum parcere potuerit perdidisse. in homines alienissimos, denique in inimicissimos viri boni faciunt et hominum existimationis et communis humanitatis causa, ut, cum ipsi nihil alteri scientes incommodarint, nihil ipsis iure incommodi cadere possit.

[¶13] 52. He did not appear to his recognizances. Who? He who was always in your company. You therefore have hurled upon him, who allowed it to happen once that he was not in your company, all those weapons which have been forged against those who have done many things for the sake of malversation and fraud.

> Latin: 52. vadimonium non venit.?. res ista gravissima sua sponte videretur, tamen eius atrocitas necessitudinis nomine levaretur. vadimonium non venit.?. gravius aliquid ei deberes concedere, quicum te aut voluntas congregasset aut fortuna coniunxisset. vadimonium non venit.?, qui tibi praesto semper fuit. in eum qui semel hoc commisit, ut tibi praesto non esset, omnia tela coniecisti quae parata sunt in eos qui permulta male agendi causa fraudandique fecerunt?

[¶14] 53. If your poundage was called in question, if in any trifling matter you were afraid of some trick, would you not have at once run off to Caius Aquillius, or to some other counsel? When the rights of friendship, of partnership, of relationship are at stake, when regard should have been had to your duty and your character, at that time you not only did not refer it to Caius Aquillius or to Lucius Lucilius, but you did not even consult yourself; you did not even say this to yourself—“The two hours are passed; Quinctius has not appeared to his recognizances; what shall I do?” If, in truth, you had said but these four words to yourself “What shall I do?” your covetousness and avarice would have had breathing time; you would have given some room for reason and prudence; you would have recollected yourself; you would not have come to such baseness as to be forced to confess before such men that in the same hour in which he did not appear to his recognizances you took counsel how utterly to ruin the fortunes of your relation.

> Latin: 53. dupondius tuus ageretur,. Naevi, si in parvola re captionis aliquid vererere, non statim ad C. Aquilium aut ad eorum aliquem, qui consuluntur, cucurrisses? cum ius amicitiae, societatis, adfinitatis ageretur, cum offici rationem atque existimationis duci conveniret, eo tempore tu non modo non ad C. Aquilium aut L. Lucilium rettulisti, sed ne ipse quidem te consuluisti, ne hoc quidem tecum locutus es: “Horae duae fuerunt; Quinctius ad vadimonium non venit. ago?” me hercule haec tecum duo verba fecisses: “ago?” respirasset cupiditas atque avaritia, paulum aliquid loci rationi et consilio dedisses, tu te conlegisses, non in eam turpitudinem venisses ut hoc tibi esset apud talis viros confitendum, qua tibi vadimonium non sit obitum, eadem te hora consilium cepisse hominis propinqui fortunas funditus evertere.

[¶15] 54. I now on your behalf consult these men, after the time has passed, and in an affair which is not mine, since you forgot to consult them in your own affair, and when it was the proper time. I ask of you, Caius Aquillius, Lucius Lucilius, Publius Quintilius, and Marcus Marcellus;—A certain partner and relation of mine has not appeared to his recognizances; a man with whom I have a long standing intimacy, but a recent dispute about money matters. Can I demand of the praetor to be allowed to take possession of his goods? Or must I, as he has a house, a wife, and children at Rome, not rather give notice at his house? What is your opinion in this matter? If, in truth, I have rightly understood your kindness and prudence, I am not much mistaken what you will answer if you are consulted. You will say at first that I must wait; then, if he seems to be shirking the business and to be trifling with it too long, that I must have a meeting of our friends; must ask who his agent is; must give notice at his house. It can hardly be told how many steps there are which you would make answer ought to be taken before having recourse to this extreme and unnecessary course.

> Latin: 54. pro te nunc hos consulo post tempus et in aliena re, quoniam tu in tua re, cum tempus erat, consulere oblitus es; quaero abs te, C. Aquili, L. Lucili, P. Quinctili, M. Marcelle: vadimonium mihi non obiit quidam socius et adfinis meus quicum mihi necessitudo vetus, controversia de re pecuniaria recens intercedit; postulone a praetore ut eius bona mihi possidere liceat, an, cum Romae domus eius, uxor, liberi sint, domum potius denuntiem? est quod hac tandem de re vobis possit videri?, si recte vestram bonitatem atque prudentiam cognovi, non multum me fallit, si consulamini, quid sitis responsuri: primum exspectare, deinde, si latitare ac diutius ludificare videatur, amicos convenire, quaerere quis procurator sit, domum denuntiare. vix potest quam multa sint quae respondeatis ante fieri oportere quam ad hanc rationem extremam necessario devenire.

[¶16] 55. What does Naevius say to all this? Forsooth, he laughs at our madness in expecting a consideration of the highest duty, or looking for the practices of good men in his conduct. What have I to do, says he, with all this sanctimoniousness and punctiliousness? Let good men, says he, look to these duties, but let them think of me thus; let them ask not what I have, but by what means I have acquired it, and in what rank I was born, and in what manner I was brought up. I remember, there is an old proverb about a buffoon; “that it is a much easier thing for him to become rich than to become the head of a family.”

> Latin: 55. ad haec Naevius? scilicet nostram amentiam, qui in vita sua rationem summi offici desideremus et instituta virorum bonorum requiramus. “mihi,” inquit, “cum ista summa sanctimonia ac diligentia? viderint,” inquit, “ista officia viri boni, de me autem ita considerent: non quid habeam sed quibus rebus invenerim quaerant, et quem ad modum natus et quo pacto educatus sim.; vetus est, ‘de scurra multo facilius divitem quam patrem familias fieri posse.’”

[¶17] 56. This is what he says openly by his actions, if he does not dare to say it in words. If in truth he wishes to live according to the practices of good men, he has many things to learn and to unlearn, both which things are difficult to a man of his age. I did not hesitate, says he, when the recognizances were forfeited, to claim the confiscation of his goods. It was wickedly done; but since you claim this for yourself; and demand that it be granted to you, let us grant it. What if he has not forfeited his recognizances? if the whole of that plea has been invented by you with the most extreme dishonesty and wickedness? if there had actually been no securities given in any cause between you and Publius Quinctius? What shall we call you? Wicked? why, even if the recognizances had been forfeited, yet in making such a demand and confiscation of his goods, you were proved to be most wicked. Malignant? you do not deny it. Dishonest? you have already claimed that as your character, and you think it a fine thing. Audacious? covetous? perfidious? those are vulgar and worn-out imputations, but this conduct is novel and unheard-of.

> Latin: 56. ille, si verbis non audet, re quidem vera palam loquitur. si volt virorum bonorum instituto vivere, multa oportet discat ac dediscat, quorum illi aetati utrumque difficile est. “dubitavi,” inquit, “cum vadimonium desertum esset, bona proscribere.”; verum, quoniam tu id tibi adrogas et concedi postulas, concedamus. si numquam deseruit, si ista causa abs te tota per summam fraudem et malitiam ficta est, si vadimonium omnino tibi cum P. Quinctio nullum fuit? quo te nomine appellemus?? etiam si desertum vadimonium esset, tamen in ista postulatione et proscriptione bonorum improbissimus reperiebare.? negas.? id quidem adrogas tibi et praeclarum putas., cupidum, perfidiosum? et obsoleta sunt; res autem nova atque inaudita.

[¶18] 57. What then are we to say? I fear forsooth lest I should either use language severer than men's nature is inclined to bear, or else more gentle than the cause requires. You say that the recognizances were forfeited. Quinctius the moment he returned to Rome asked you on what day the recognizances were drawn. You answered at once, on the fifth of February. Quinctius, when departing, began to recollect on what day he left Rome for Gaul: he goes to his journal, he finds the day of his departure set down, the thirty-first of January. If he was at Rome on the fifth of February we have nothing to say against his having entered into recognizances with you.

> Latin: 57. ergo est? me hercule ne aut gravioribus utar verbis quam natura fert, aut levioribus quam causa postulat. esse vadimonium desertum. a te, statim ut Romam rediit, Quinctius quo die vadimonium istuc factum esse diceres. statim: Nonis Febr. in memoriam redit Quinctius quo die Roma in Galliam profectus sit; ad ephemeridem revertitur; invenitur dies profectionis pridie Kal. Febr. Nonis Febr. si Romae fuit, causae nihil dicimus quin tibi vadimonium promiserit.

[¶19] 58. What then? how can this be found out? Lucius Albius went with him, a man of the highest honour; he shall give his evidence. Some friends accompanied both Albius and Quinctius; they also shall give their evidence. Shall the letters of Publius Quinctius, shall so many witnesses, all having the most undeniable reason for being able to know the truth, and no reason for speaking falsely, be compared with your witness to the recognizance?

> Latin: 58. ? hoc inveniri qui potest? est una L. Albius, homo cum primis honestus; dicet testimonium. sunt familiares et Albium et Quinctium; dicent hi quoque testimonium. Litterae P. Quincti, testes tot, quibus omnibus causa iustissima est cur scire potuerint, nulla cur mentiantur, cum astipulatore tuo comparabuntur.

[¶20] 59. And shall Publius Quinctius be harassed in a cause like this? and shall he any longer be subjected to the misery of such fear and danger? and shall the influence of an adversary alarm him more than the integrity of the judge comforts him? For he always lived in an unpolished and uncompanionable manner; he was of a melancholy and unsociable disposition; he has not frequented the Forum, or the Campus, or banquets. He so lived as to retain his friends by attention, and his property by economy; he loved the ancient system of duty, all the splendour of which has grown obsolete according to present fashions. But if, in a cause where the merits were equal, he seemed to come off the worse, that would be in no small degree to be complained of; but now, when he is in the right, he does not even demand to come off best; he submits to be worsted, only with these limitations, that he is not to be given up with his goods, his character, and all his fortunes, to the covetousness and cruelty of Sextus Naevius.

> Latin: 59. in hac eius modi causa P. Quinctius laborabit et diutius in tanto metu miser periculoque versabitur? et vehementius eum gratia adversarii perterrebit quam fides iudicis consolabitur? enim semper inculte atque horride; natura tristi ac recondita fuit; non ad solarium, non in campo, non in conviviis versatus est; id egit ut amicos observantia, rem parsimonia retineret; antiquam offici rationem dilexit cuius splendor omnis his moribus obsolevit. si in causa pari discedere inferior videretur, tamen esset non mediocriter conquerendum; nunc in causa superiore ne ut par quidem sit postulat, inferiorem se esse patitur, dumtaxat usque eo ne cum bonis, fama fortunisque omnibus Sex. Naevi cupiditati crudelitatique dedatur.

[¶21] 60. I have proved what I first promised to prove, O Caius Aquillius, that there was absolutely no cause why he should make this demand; that neither was any money owed, and that if it were owed ever so much, nothing had been done to excuse recourse being had to such measures as these. Remark now, that the goods of Publius Quinctius could not possibly have been taken possession of in accordance with the praetor's edict. Recite the edict. “He who for the sake of fraud has lain hid.” That is not Quinctius, unless they be hid who depart on their own business, leaving an agent behind them. “The man who has no heir.” Even that is not he. “The man who leaves the country in exile.” At what time, O Naevius, do you think Quinctius ought to have been defended in his absence, or how? Then, when you were demanding leave to take possession of his goods? No one was present, for no one could guess that you were going to make such a demand; nor did it concern any one to object to that which the praetor ordered not to be done absolutely, but to be done according to his edict.

> Latin: 60. quod primum pollicitus sum, C. Aquili, causam omnino cur postularet non fuisse, quod neque pecunia debebatur et, si maxime deberetur, commissum nihil esset qua re ad istam rationem perveniretur. nunc ex edicto praetoris bona P. Quincti possideri nullo modo potuisse. edictum. fraudationis causa latitarit. est is Quinctius; nisi si latitant qui ad negotium suum relicto procuratore proficiscuntur. cui heres non exstabit. is quidem. qui exsili causa solum verterit. … tempore existimas oportuisse, Naevi, absentem Quinctium defendi aut quo modo? tum cum postulabas ut bona possideres? adfuit; neque enim quisquam divinare poterat te postulaturum, neque quemquam attinebat id recusare quod praetor non fieri, sed ex edicto suo fieri iubebat.

[¶22] 61. What was the first opportunity, then, which was given to the agent of defending this absent man? When you were putting up the placards. Then Sextus Alphenus was present: he did not permit it; he tore down the notices. That which was the first step of duty was observed by the agent with the greatest diligence. Let us see what followed on this. You arrest the servant of Publius Quinctius in public: you attempt to take him away. Alphenus does not permit it; he takes him from you by force; he takes care that he is led home to Quinctius. Here too is seen in a high degree the attention of an illustrious agent. You say that Quinctius is in your debt; his agent denies it. You wish security to he given; he promises it. You call him into court; he follows you. You demand a trial; he does not object. What other could be the conduct of one defending a man in his absence I do not understand.

> Latin: 61. locus igitur absentis defendendi procuratori primus datus est? Cum proscribebas. adfuit, non passus est, libellos deiecit Sex. Alfenus; qui primus erat offici gradus, servatus est a procuratore summa cum diligentia. quae deinde sint consecuta. P. Quincti deprehendis in publico, conaris abducere; non patitur Alfenus, vi tibi adimit, curat ut domum reducatur ad Quinctium. quoque summe constat procuratoris diligentis officium. tibi dicis Quinctium, procurator negat; vadari vis, promittit; in ius vocas, sequitur; iudicium postulas, non recusat. aliud sit absentem defendi ego non intellego. quis erat procurator?

[¶23] 62. But who was the agent? I suppose it was some insignificant man, poor, litigious, worthless, who might be able to endure the daily abuse of a wealthy buffoon. Nothing of the sort: he was a wealthy Roman knight; a man managing his own affairs well: he was, in short, the man whom Naevius himself as often as he went into Gaul, left as his agent at Rome. And do you dare, O Sextus Naevius, to deny that Quinctius was defended in his absence, when the same man defended him who used to defend you? and when he accepted the trial on behalf of Quinctius, to whom when departing you used to recommend and entrust your own property and character? Do you attempt to say that there was no one who defended Quinctius at the trial?

> Latin: 62. aliquem electum hominem egentem, litigiosum, improbum, qui posset scurrae divitis cotidianum convicium sustinere. minus; eques Romanus locuples, sui negoti bene gerens, denique is quem, quotiens Naevius in Galliam profectus est, procuratorem Romae reliquit. audes, Sex. Naevi, negare absentem defensum esse Quinctium, cum eum defenderit idem qui te solebat? et, cum is iudicium acceperit pro Quinctio cui tu et rem et famam tuam commendare proficiscens et concredere solebas, conaris hoc dicere, neminem exstitisse qui Quinctium iudicio defenderet?

[¶24] 63. “I demanded,” says he, “that security should be given.” You demanded it unjustly. “The order was made.” Alphenus objected. “He did, but the praetor made the decree.” Therefore the tribunes were appealed to. “Here,” said he, “I have you: that is not allowing a trial, nor defending a man at a trial, when you ask assistance from the tribunes.” When I consider how prudent Hortensius is, I do not think that he will say this; but when I hear that he has said so before, and when I consider the cause itself I do not see what else he can say; for he admits that Alphenus tore down the bills, undertook to give security, did not object to go to trial in the very terms which Naevius proposed; but on this condition, that according to custom and prescription, it should be before that magistrate who was appointed in order to give assistance.

> Latin: 63. “,” inquit, “ut satis daret.” postulabas. “iubebare”; recusabat Alfenus. “, verum praetor decernebat.”— igitur appellabantur.—“te,” inquit, “teneo; non est istud iudicio pati neque iudicio defendere, cum auxilium a tribunis petas.” ego, cum attendo qua prudentia sit Hortensius, dicturum esse eum non arbitror. Cum autem antea dixisse audio et causam ipsam considero, quid aliud dicere possit non reperio. enim libellos Alfenum deiecisse, vadimonium promisisse, iudicium quin acciperet in ea ipsa verba quae Naevius edebat non recusasse, ita tamen, more et instituto, per eum magistratum qui auxili causa constitutus est.

[¶25] 64. You must either say that these things are not so; or that Caius Aquillius, being such a man as he is, on his oath, is to establish this law in the state: that he whose agent does not object to every trial which any one demands against him, whose agent dares to appeal from the praetor to the tribunes, is not defended at all, and may rightly have his goods taken possession of; may properly, while miserable, absent, and ignorant of it, have all the embellishments of his fortunes, all the ornaments of his life, taken from him with the greatest disgrace and ignominy. And this seems reasonable to no one.

> Latin: 64. haec facta non sint necesse est aut C. Aquilius, talis vir, iuratus hoc ius in civitate constituat: cuius procurator non omnia iudicia acceperit quae quisque in verba postularit, cuius procurator a praetore tribunos appellare ausus sit, eum non defendi, eius bona recte possideri posse, ei misero, absenti, ignaro fortunarum suarum omnia vitae ornamenta per summum dedecus et ignominiam deripi convenire.

[¶26] 65. This certainly must be proved to the satisfaction of every one, that Quinctius while absent was defended at the trial. And as that is the ease, his goods were not taken possession of in accordance with the edict. But then, the tribunes of the people did not even hear his cause. I admit, if that be the case, that the agent ought to have obeyed the decree of the praetor. What; if Marcus Brutus openly said that he would intercede unless some agreement was come to between Alphenus himself and Naevius; does not the appeal to the tribunes seem to have been interposed not for the sake of delay but of assistance?

> Latin: 65. si probari nemini potest, illud certe probari omnibus necesse est, defensum esse iudicio absentem Quinctium. cum ita sit, ex edicto bona possessa non sunt. enim tribuni plebis ne audierunt quidem., si ita est, procuratorem decreto praetoris oportuisse parere.? si M. Brutus intercessurum se dixit palam, nisi quid inter ipsum Alfenum et Naevium conveniret, videturne intercessisse appellatio tribunorum non morae, sed auxili causa?

[¶27] 66. What is done next? Alphenus, in order that all men might see that Quinctius was defended at the trial, that no suspicion might exist unfavourable either to his own duty, or to his principal's character, summons many excellent men, And, in the hearing of that fellow, calls them to witness that he begs this of him, in the first place, out of regard to their common intimacy, that he would not attempt to take any severe steps against Quinctius in his absence without cause; but if lie persevered in carrying on the contest in a most spiteful and hostile manner, that he is prepared by every upright and honourable method to defend him, and to prove that what he demanded was not owed, and that he accepted the trial which Naevius proposed.

> Latin: 66. deinde fit? Alfenus, ut omnes intellegere possent iudicio defendi Quinctium, ne qua subesse posset aliena aut ipsius officio aut huius existimatione suspicio, viros bonos compluris advocat, testatur isto audiente se pro communi necessitudine id primum petere ne quid atrocius in P. Quinctium absentem sine causa facere conetur; sin autem inimicissime atque infestissime contendere perseveret, se paratum esse omni recta atque honesta ratione defendere quod petat non deberi; se iudicium id quod edat accipere.

[¶28] 67. Many excellent men signed the document setting forth this fact and these conditions. While all matters are still unaltered, while the goods are neither advertised nor taken possession of, Alphenus promises Naevius that Quinctius should appear to his recognizances. Quinctius does appear to his recognizances. The matter lies in dispute while that fellow is spreading his calumnies for two years, until he could find out by what means the affair might be diverted out of the common course of proceeding, and the whole cause he confined to this single point to which it is now limited.

> Latin: 67. rei condicionisque tabellas obsignaverunt viri boni complures. in dubium venire non potest. rebus omnibus integris neque proscriptis neque possessis bonis ut Alfenus promittat Naevio sisti Quinctium. ad vadimonium Quinctius. res in controversiis isto calumniante biennium, usque dum inveniretur qua ratione res ab usitata consuetudine recederet et in hoc singulare iudicium causa omnis concluderetur.

[¶29] 68. What duty of an agent can possibly be mentioned, O Caius Aquillius, which seems to have been overlooked by Alphenus? What reason is alleged why it should be denied that Publius Quinctius was defended in his absence? Is it that which I suppose Hortensius will allege, because he has lately mentioned it, and because Naevius is always harping on it, that Naevius was not contending on equal terms with Alphenus, at such a time, and with such magistrates? And if I were willing to admit that, they will, I suppose, grant this, that it is not the case that no one was the agent of Publius Quinctius, but that he had one who was popular. But it is quite sufficient for me to prove that there was an agent, with whom he could have tried the matter. What sort of man he was, as long as he defended the man in his absence, according to law and before the proper magistrate, I think has nothing to do with the matter.

> Latin: 68. officium, C. Aquili, commemorari procuratoris potest quod ab Alfeno praeteritum esse videatur? quid adfertur qua re P. Quinctius negetur absens esse defensus? vero id quod Hortensium, quia nuper iniecit et quia Naevius semper id clamitat, dicturum arbitror, non fuisse Naevio parem certationem cum Alfeno illo tempore, illis dominantibus? si velim confiteri, illud, opinor, concedent, non procuratorem P. Quincti neminem fuisse, sed gratiosum fuisse. autem ad vincendum satis est fuisse procuratorem quicum experiretur; qualis is fuerit, si modo absentem defendebat per ius et per magistratum, nihil ad rem arbitror pertinere.

[¶30] 69. “For he was,” says he, “a man of the opposite party.” No doubt; a man who had been brought up in your house, whom you from a youth had so trained up as not to favour any one of eminence, not even a gladiator. If Alphenus had the same wish as you always especially entertained, was not the contest between you on equal terms in that matter? “Oh,” says he, “he was an intimate friend of Brutus, and therefore he interposed.” You on the other hand were an intimate friend of Burrienus, who gave an unjust decision; and, in short, of all those men who at that time were both very powerful with violence and wickedness, and who dared do all that they could. Did you wish to overcome those men, who now are labouring with such zeal that you may be victorious? Dare to say that, not openly, but to these very men whom you have brought with you.

> Latin: 69. “,” inquit, “illarum partium.” ni? qui apud te esset eductus; quem tu a puero sic instituisses ut nobili ne gladiatori quidem faveret., quod tu semper summe cupisti, idem volebat Alfenus, ea re tibi cum eo par contentio non erat? “Bruti,” inquit, “erat familiaris; itaque is intercedebat.” contra Burrieni qui iniuriam decernebat, omnium denique illorum qui tum et poterant per vim et scelus plurimum et, quod poterant, id audebant. omnis tu istos vincere volebas qui nunc tu ut vincas tanto opere laborant? id dicere non palam, sed ipsis quos advocasti.

## 3. Sections 70–99

Source: https://scriptura.si/works/cicero-pro-quinctio/3/ · cite a paragraph as https://scriptura.si/works/cicero-pro-quinctio/3/#p-N

[¶0] 70. Although I am unwilling to bring that matter up again by mentioning it, every recollection of which I think ought to be entirely effaced and destroyed. This one thing I say, if Alphenus was an influential man because of his party zeal, Naevius was most influential; if Alphenus, relying on his personal interest, made any rather unjust demand; Naevius demanded, and obtained too, things much more unjust. Nor was there, as I think, any difference between your zeal. In ability, in experience, in cunning, you easily surpassed him. To say nothing of other things, this is sufficient: Alphenus was ruined with those men, and for the sake of those men to whom he was attached; you, after those men who were your friends could not get the better, took care that those who did get the better should be your friends.

> Latin: 70. nolo eam rem commemorando renovare cuius omnino rei memoriam omnem tolli funditus ac deleri arbitror oportere; unum illud dico: propter partium studium potens erat Alfenus, potentissimus Naevius; si fretus gratia postulabat aliquid iniquius Alfenus, multo iniquiora Naevius impetrabat. enim inter studium vestrum quicquam, ut opinor, interfuit; ingenio, vetustate, artificio tu facile vicisti. Vt alia omittam, hoc satis est: Alfenus cum eis et propter eos periit quos diligebat, tu, postquam qui tibi erant amici non poterant vincere, ut amici tibi essent qui vincebant effecisti.

[¶1] 71. But if you think you had not then the same justice as Alphenus, because it was in his power to appeal to some one against you; because a magistrate was found before whom the cause of Alphenus could be fairly heard; what is Quinctius to determine on at this time I—a man who has not as yet found any just magistrate, nor been able to procure the customary trial; in whose case no condition, no security, no petition has been interposed,—I do not say a just one, but none at all that had ever been heard of before that time. I wish to try an action about money. You cannot. But that is the point in dispute. It does not concern me; you must plead to a capital charges. Accuse me then, if it must be so. No says be, not unless you, in an unprecedented manner, first make your defence. You must plead; the time must be fixed at our pleasure; the judge himself shall be removed.

> Latin: 71. si tum par tibi ius cum Alfeno fuisse non putas, quia tamen aliquem contra te advocare poterat, quia magistratus aliqui reperiebatur apud quem Alfeni causa consisteret, quid hoc tempore Quinctio statuendum est? cui neque magistratus adhuc aequus inventus est neque iudicium redditum est usitatum, non condicio, non sponsio, non denique ulla umquam intercessit postulatio, mitto aequa, verum ante hoc tempus ne fando quidem audita. re pecuniaria cupio contendere.—“licet.”— ea controversia est.—“ad me attinet; causam capitis dicas oportet.”— ubi ita necesse est.—“,” inquit, “nisi tu ante novo modo priore loco dixeris.”— necessario est.—“horae ad arbitrium nostrum, iudex ipse coercebitur.”— tum?—“aliquem patronum invenies, hominem antiqui offici, qui splendorem nostrum et gratiam neglegat;

[¶2] 72. What then? Shall you be able to find any advocate, a man of such ancient principles of duty as to despise our splendour and influence? Lucius Philippus will be my advocate; in eloquence, in dignity, and in honour, the most flourishing man in the states. Hortensius will speak for me; a man eminent for his genius, and nobility, and reputation; and other most noble and powerful men will accompany me into court, the number and appearance of whom may alarm not only Publius Quinctius, who is defending himself on a capital charge, but even any one who is out of danger.

> Latin: 72. pro me pugnabit L. Philippus, eloquentia, gravitate, honore florentissimus civitatis, dicet Hortensius, excellens ingenio, nobilitate, existimatione, aderunt autem homines nobilissimi ac potentissimi, ut eorum frequentiam et consessum non modo P. Quinctius qui de capite decernit, sed quivis qui extra periculum sit perhorrescat.”

[¶3] 73. This really is what an unequal contest is; not that one in which you were skirmishing against Alphenus. You did not leave him any place where he could make a stand against you. You must therefore either prove that Alphenus denied he was his agent, did not tear down the bills, and refused to go to trial; or, if all this was done, you must admit that you did not take possession of the goods of Publius Quinctius in accordance with the edict. If, indeed, you did take possession of the things according to the edict, I ask you why they were not sold—why the others who were his securities and creditors did not meet together? Was there no one to whom Quinctius owed money? There were some, there were many such; because Caius, his brother, had left some amount of debt behind him. What then was the reason? They were all men entirely strangers to him, and he owed them money, and yet not one was found so notoriously infamous as to dare to attack the character of Publius Quinctius in his absences.

> Latin: 73. est iniqua certatio, non illa qua tu contra Alfenum equitabas; huic ne ubi consisteret quidem contra te locum reliquisti. re aut doceas oportet Alfenum negasse se procuratorem esse, non deiecisse libellos, iudicium accipere noluisse, aut, cum haec ita facta sint, ex edicto te bona P. Quincti non possedisse concedas. si ex edicto possedisti, quaero cur bona non venierint, cur ceteri sponsores et creditores non convenerint; nemone fuit cui deberet Quinctius?, et complures fuerunt, propterea quod C. frater aliquantum aeris alieni reliquerat. ergo est? erant ab hoc omnes alienissimi, et eis debebatur, neque tamen quisquam inventus est tam insignite improbus qui violare P. Quincti existimationem absentis auderet;

[¶4] 74. There was one man, his relation, his partner, his intimate friend, Sextus Naevius, who, though he himself was in reality in debt to him, as if some extraordinary prize of wickedness was proposed to him, strove with the greatest eagerness to deprive his own relation, oppressed and ruined by his means, not only of property which he had honestly acquired, but even of that light which is common to all men. Where were the rest of the creditors? Even now at this very time where are they? Who is there who says he kept out of the way for the sake of fraud? Who is there who denies that Quinctius was defended in his absence?

> Latin: 74. unus fuit, adfinis, socius, necessarius, Sex. Naevius, qui, cum ipse ultro deberet, quasi eximio praemio sceleris exposito cupidissime contenderet ut per se adflictum atque eversum propinquum suum non modo honeste partis bonis verum etiam communi luce privaret. Vbi erant ceteri creditores? denique hoc tempore ubi sunt? est qui fraudationis causa latuisse dicat, quis qui absentem defensum neget esse Quinctium? invenitur.

[¶5] 75. Not one is found But, on the other hand, all men who either have or have had any transactions with him are present on his behalf and are defending him; they are labouring that his good faith, known in many places, may not now be disparaged by the perfidy of Sextus Naevius. In a trial of this nature Naevius ought to have brought some witnesses out of that body, who could say; “He forfeited his recognizances in my case; he cheated me, he begged a day of me for the payment of a debt which he had denied; could not get him to trial; he kept out of the way; he left no agent:” none of all these things is said. Witnesses are being got ready to say it But we shall examine into that, I suppose, when they have said it: but let them consider this one thing, that they are of weight only so far, that they can preserve that weight, if they also preserve the truth; if they neglect that, they are so insignificant that all men may see that influence is of avail not to support a lie, but only to prove the truth.

> Latin: 75. contra omnes, quibuscum ratio huic aut est aut fuit, adsunt, defendunt, fides huius multis locis cognita ne perfidia. Naevi derogetur laborant. huius modi sponsionem testis dare oportebat ex eo numero qui haec dicerent: “vadimonium mihi deseruit, me fraudavit, a me nominis eius quod infitiatus esset diem petivit; ego experiri non potui, latitavit, procuratorem nullum reliquit.” Horum nihil dicitur. testes qui hoc dicant., opinor, viderimus, cum dixerint. Vnum tamen hoc cogitent, ita se gravis esse ut, si veritatem volent retinere, gravitatem possint obtinere; si eam neglexerint, ita levis esse ut omnes intellegant non ad obtinendum mendacium, sed ad verum probandum auctoritatem adiuvare.

[¶6] 76. I ask these two questions. First of all, on what account Naevius did not complete the business he had undertaken; that is, why he did not sell the goods which he had taken possession of in accordance with the edict: Secondly, why out of so many other creditors no one reinforced his demand; so that you must of necessity confess that neither was any one of them so rash, and that you yourself were unable to persevere in and accomplish that which you had most infamously begun. What if you yourself, O Sextus Naevius, decided that the goods of Publius Quinctius had not been taken possession of according to the edict? I conceive that your evidence, which in a matter which did not concern yourself would be very worthless, ought to be of the greatest weight in an affair of your own when it makes against you. You bought the goods of Sextus Alphenus when Lucius Sulla, the dictator, sold them. You entered Quinctius in your books as the partner in the purchase of these goods. I say no more. Did you enter into a voluntary partnership with that man who had cheated in a partnership to which he had succeeded by inheritance;

> Latin: 76. haec duo quaero, primum qua ratione Naevius susceptum negotium non transegerit, hoc est cur bona quae ex edicto possidebat non vendiderit, deinde cur ex tot creditoribus alius ad istam rationem nemo accesserit, ut necessario confiteare neque tam temerarium quemquam fuisse, neque te ipsum id quod turpissime suscepisses perseverare et transigere potuisse. si tu ipse, Sex. Naevi, statuisti bona P. Quincti ex edicto possessa non esse?, tuum testimonium, quod in aliena re leve esset, id in tua, quoniam contra te est, gravissimum debet esse. bona Sex. Alfeni L. Sulla dictatore vendente; socium tibi in his bonis edidisti Quinctium. non dico. Cum eo tu voluntariam societatem coibas qui te in hereditaria societate fraudarat, et eum iudicio tuo comprobabas quem spoliatum fama fortunisque omnibus arbitrabare?

[¶7] 77. and did you by your own sentence approve of the man who you thought was stripped of his character and of all his fortunes? I had fears indeed, O Caius Aquillius, that I could not stand my ground in this cause with a mind sufficiently fortified and resolute. I thought thus, that, as Hortensius was going to speak against me, and as Philip was going to listen to me carefully, I should through fear stumble in many particulars. I said to Quintus Roscius here, whose sister is the wife of Publius Quinctius, when he asked of me, and, with the greatest earnestness, entreated me to defend his relation, that it was very difficult for me, not only to sum up a cause against such orators, but even to attempt to speak at all. When he pressed it more eagerly, I said to the man very familiarly, as our friendship justified, that a man appeared to me to have a very brazen face, who, while he was present, could attempt to use action in speaking, but those who contended with him himself, even though before that they seemed to have any skill or elegance, lost it, and that I was afraid lest something of the same sort would happen to me when I was going to speak against so great an artist.

> Latin: 77. me hercule, C. Aquili, satis animo certo et confirmato me posse in hac causa consistere. cogitabam, cum contra dicturus esset Hortensius et cum me esset attente auditurus Philippus, fore uti permultis in rebus timore prolaberer. huic Q. Roscio, cuius soror est cum P. Quinctio, cum a me peteret et summe contenderet ut propinquum suum defenderem, mihi perdifficile esse contra talis oratores non modo tantam causam perorare sed omnino verbum facere conari. Cum cupidius instaret, homini pro amicitia familiarius dixi mihi videri ore durissimo esse qui praesente eo gestum agere conarentur; qui vero cum ipso contenderent, eos, etiam si quid antea recti aut venusti habere visi essent, id amittere; ne quid mihi eiusdem modi accideret, cum contra talem artificem dicturus essem, me vereri.

[¶8] 78. Then Roscius said many other things with a view to encourage me, and in truth, if he were to say nothing he would still move any one by the very silent affection and zeal which he felt for his relation. In truth, as he is an artist of that sort that he alone seems worthy of being looked at when he is on the stage, so he is also a man of such a sort that he alone seems to deserve never to go thither. “But what,” says he, “if you have such a cause as this, that you have only to make this plain, that there is no one in two or three days at most can walk seven hundred miles? Will you still fear that you will not be able to argue this point against Hortensius?”

> Latin: 78. mihi Roscius et alia multa confirmandi mei causa dixit, ut me hercule, si nihil diceret, tacito ipso officio et studio, quod habebat erga propinquum suum, quemvis commoveret—etenim cum artifex eius modi sit ut solus videatur dignus esse qui in scaena spectetur, tum vir eius modi est ut solus dignus esse videatur qui eo non accedat— verum tamen: “? si,” inquit, “habes eius modi causam ut hoc tibi planum sit faciendum, neminem esse qui possit biduo aut summum triduo dcc milia passuum ambulare, tamenne vereris ut possis hoc contra Hortensium contendere?”

[¶9] 79. “No,” said I. “But what is that to the purpose?” “In truth,” said he, “that is what the cause turns upon.” “How so?” He then explains to me an affair of that sort, and at the same time an action of Sextus Naevius, which, if that alone were alleged, ought to be sufficient. And I beg of you, O Caius Aquillius, and of you the assessors, that you will attend to it carefully. You will see, in truth, that on the one side there were engaged from the very beginning covetousness and audacity, that on the other side truth and modesty resisted as long as they could. You demand to be allowed to take possession of his goods according to the edict. On what day I wish to hear you yourself, O Naevius. I want this unheard-of action to be proved by the voice of the very man who has committed it. Mention the day, Naevius. The twentieth of February. Right, how far is it from hence to your estate in Gaul? I ask you, Naevius. Seven hundred miles. Very well: Quinctius is driven off the estate. On what day? May we hear this also from you? Why are you silent? Tell me the day, I say.—He is ashamed to speak it. I understand; but he is ashamed too late, and to no purpose. He is driven off the estate on the twenty-third of February, O Caius Aquillius. Two days afterwards, or, even if any one had set off and run the moment he left the court, in under three days, he accomplishes seven hundred miles.

> Latin: 79. “,” inquam, “sed quid id ad rem?” “,” inquit, “in eo causa consistit.” “modo?” me eius modi rem et factum simul Sex. Naevi quod, si simul proferretur, satis esse deberet. abs te, C. Aquili, et a vobis qui adestis in consilio, quaeso ut diligenter attendatis; profecto intellegetis illinc ab initio cupiditatem pugnasse et audaciam, hinc veritatem et pudorem quoad potuerit restitisse. postulas ut ex edicto possidere liceat. die? ipsum, Naevi, volo audire; volo inauditum facinus ipsius qui id commisit voce convinci., Naevi, diem. “diem v Kalend. intercalaris.” ais. longe est hinc in saltum vestrum Gallicanum? Naevi, te rogo. “dcc milia passuum.”. saltu deicitur Quinctius—quo die? possumus hoc quoque ex te audire? taces? dic, inquam, diem. dicere; intellego; verum et sero et nequiquam pudet. de saltu, C. Aquili, pridie Kalend. intercalaris; biduo post aut, ut statim de iure aliquis cucurrerit, non toto triduo dcc milia passuum conficiuntur.

[¶10] 80. O incredible thing! O inconsiderate covetousness! O winged messenger! The agents and satellites of Sextus Naevius come from Rome, across the Alps, among the Segusiani in two days. O happy man who has such messengers, or rather Pegasi. Here I, even if all the Crassi were to stand forth with all the Antonies, if you, O Lucius Philippus, who flourished among those men, choose to plead this cause, with Hortensius for your colleague, yet I must get the best of it. For everything does not depend, as you two think it does, on eloquence. There is still some truth so manifest that nothing can weaken it.

> Latin: 80. O rem incredibilem! o cupiditatem inconsideratam! o nuntium volucrem! et satellites Sex. Naevi Roma trans Alpis in Sebagninos biduo veniunt. O hominem fortunatum qui eius modi nuntios seu potius Pegasos habeat! ego, si Crassi omnes cum Antoniis exsistant, si tu, L. Philippe, qui inter illos florebas, hanc causam voles cum Hortensio dicere, tamen superior sim necesse est; non enim, quem ad modum putatis, omnia sunt in eloquentia; est quaedam tamen ita perspicua veritas ut eam infirmare nulla res possit.

[¶11] 81. Did you, before you made the demand to be allowed to take possession of his goods, send any one to take care that the master should be driven by force off the estate by his own slaves? Choose whichever you like; the one is incredible; the other abominable; and both are unheard-of before this time. Do you mean that any one ran over seven hundred miles in two days? Tell me. Do you deny it? Then you sent some one beforehand. I had rather you did. For if you were to say that, you would be seen to tell an impudent lie: when you confess this, you admit that you did a thing which you cannot conceal even by a lies. Will such a design, so covetous, so audacious, so precipitate, be approved of by Aquillius and by such men as he is?

> Latin: 81. , ante quam postulasti ut bona possideres, misisti qui curaret ut dominus de suo fundo a sua familia vi deiceretur? Vtrumlibet elige; alterum incredibile est, alterum nefarium, et ante hoc tempus utrumque inauditum. dcc milia passuum vis esse decursa biduo? dic.? ante igitur misisti.; si enim illud diceres, improbe mentiri viderere; cum hoc confiteris, id te admisisse concedis quod ne mendacio quidem tegere possis. consilium Aquilio et talibus viris tam cupidum, tam audax, tam temerarium probabitur?

[¶12] 82. What does this madness, what does this baste, what does this precipitation intimate? Does it not prove violence? does it not prove wickedness? does it not prove robbery? does it not, in short, prove everything rather than right, than duty, or than modesty? You send some one without the command of the praetor. With what intention? You knew he would order it. What then? When he had ordered it, could you not have sent then? You were about to ask him. When? Thirty days after. Yes, if nothing hindered you; if the same intention existed; if you were well; in short, if you were alive. The praetor would have made the order, I suppose, if he chose, if he was well, if he was in court, if no one objected, by giving security according to his decree, and by being willing to stand a trial.

> Latin: 82. haec amentia, quid haec festinatio, quid haec immaturitas tanta significat? non vim, non scelus, non latrocinium, non denique omnia potius quam ius, quam officium, quam pudorem? Mittis iniussu praetoris. consilio? sciebas.? cum iussisset, tum mittere nonne poteras? eras.? dies xxx. si te nihil impediret, si voluntas eadem maneret, si valeres, denique si viveres. scilicet iussisset., si vellet, si valeret, si ius diceret, si nemo recusaret, qui ex ipsius decreto et satis daret et iudicium accipere vellet.

[¶13] 83. For, by the immortal gods, if Alphenus, the agent of Publius Quinctius, were then willing to give security and to stand a trial, and in short to do everything which you chose, what would you do? Would you recall him whom you had sent into Gaul? But this man would have been already expelled from his farm, already driven headlong from his home, already (the most unworthy thing of all) assaulted by the hands of his own slaves, in obedience to your messenger and command. You would, forsooth, make amends for these things afterwards. Do you dare to speak of the life of any man, you who must admit this,—that you were so blinded by covetousness and avarice, that, though you did not know what would happen afterwards, but many things might happen, you placed your hope from a present crime in the uncertain event of the future? And I say this, just as if, at that very time when the praetor had ordered you to take possession according to his edict, you had sent any one to take possession, you either ought to, or could have ejected Publius Quinctius from possession.

> Latin: 83. , per deos immortalis! si Alfenus procurator P. Quincti tibi tum satis daret et iudicium accipere vellet, denique omnia quae postulares facere voluisset, quid ageres? revocares eum quem in Galliam miseras? hic quidem iam de fundo expulsus, iam a suis dis penatibus praeceps eiectus, iam, quod indignissimum est, suorum servorum manibus nuntio atque imperio tuo violatus esset. haec scilicet tu postea. cuiusquam vita dicere audes qui hoc concedas necesse est, ita te caecum cupiditate et avaritia fuisse ut, cum postea quid futurum esset ignorares, accidere autem multa possent, spem malefici praesentis in incerto reliqui temporis eventu conlocares? haec perinde loquor, quasi ipso illo tempore, cum te praetor iussisset ex edicto possidere, si in possessionem misisses, debueris aut potueris P. Quinctium de possessione deturbare.

[¶14] 84. Everything, O Caius Aquillius, is of such a nature that any one may be able to perceive that in this cause dishonesty and interest are contending with poverty and truth. How did the praetor order you to take possession? I suppose, in accordance with his edict. In what words was the recognizance drawn up? “If the goods of Publius Quinctius have been taken possession of in accordance with the praetor's edict.” Let us return to the edict. How does that enjoin you to take possession? Is there any pretence, O Caius Aquillius, if he took possession in quite a different way from that which the praetor enjoined, for denying that then he did not take possession according to the edict, but that I have beaten him in the trial? None, I imagine. Let us refer to the edict.—“They who in accordance with my edict have come into possession.” He is speaking of you, Naevius, as you think; for you say that you came into possession according to the edict. He defines for you what you are to do; he instructs you; he gives you precepts. “It seems that those ought to be in possession.” How? “That which they can rightly secure in the place where they now are, let them secure there; that which they cannot, they may carry or lead away.” What then? “It is not right,” says he, “to drive away the owner against his will.” The very man who with the object of cheating is keeping out of the way, the very man who deals dishonestly with all his creditors, he forbids to be driven off his farm against his will.

> Latin: 84. sunt, C. Aquili, eius modi quivis ut perspicere possit in hac causa improbitatem et gratiam cum inopia et veritate contendere. te quem ad modum possidere iussit?, ex edicto. quae in verba facta est? si ex edicto praetoris bona P. Quincti possessa non sunt. Redeamus ad edictum. quidem quem ad modum iubet possidere? est causae, C. Aquili, quin, si longe aliter possedit quam praetor edixit, iste ex edicto non possederit, ego sponsione vicerim?, opinor. edictum. qui ex edicto meo in possessionem venerint. te loquitur, Naevi, quem ad modum tu putas; ais enim te ex edicto venisse; tibi quid facias definit, te instituit, tibi praecepta dat. eos ita videtur in possessione esse oportere. modo? quod ibidem recte custodire poterunt, id ibidem custodiant; quod non poterunt, id auferre et abducere licebit. tum? dominum, inquit, invitum detrudere non placet. Eum ipsum qui fraudandi causa latitet, eum ipsum quem iudicio nemo defenderit, eum ipsum qui cum omnibus creditoribus suis male agat, invitum de praedio detrudi vetat.

[¶15] 85. As you are on your way to take possession, O Sextus Naevius, the praetor himself openly says to you—“Take possession in such manner that Naevius may have possession at the same time with you; take possession in such a manner that no violence may be offered to Quinctius.” What? how do you observe that? I say nothing of his not having been a man who was keeping out of the way, of his being a man who had a house, a wife, children, and an agent at Rome; I say nothing of all this: I say this, that the owner was expelled from his farm; that hands were laid on their master by his own slaves, before his own household gods; I say … I say too that Naevius never even asked Quinctius for the money, when he was with him, and might have sued him every day; because he preferred that all the most perplexing modes of legal proceedings should take place, to his own great discredit, and to the greatest danger of Publius Quinctius, rather than allow of the simple trial about money matters which could have been got through in one day; from which one trial he admits that all these arose and proceeded. On which occasion I offered a condition, if he was determined to demand the money, that Publius Quinctius should give security to submit to the decision, if he also, if Quinctius had any demands upon him, would submit to the like conditions.

> Latin: 85. tibi in possessionem praetor ipse, Sex. Naevi, palam dicit: “ita possideto ut tecum simul possideat Quinctius, ita possideto ut Quinctio vis ne adferatur.”? tu id quem ad modum observas? Mitto illud dicere, eum qui non latitaret, cui Romae domus, uxor, liberi, procurator esset, eum qui tibi vadimonium non deseruisset; haec omnia mitto; illud dico, dominum expulsum esse de praedio, domino a familia sua manus adlatas esse ante suos Lares familiaris; hoc dico … qui unum aliquem fundum quavis ratione possideat, ipsum autem dominum patiatur cetera praedia tenere, is, ut opinor, praedium non bona videatur alterius possidere … est possidere? in possessione esse earum rerum quae possunt eo tempore possideri … Cum domus erat Romae, servi, in ipsa Gallia privata P. Quincti praedia, quae numquam ausus es possidere; … si bona P. Quincti possideres, possidere omnia eo iure deberes. ( ) … Naevium ne appellasse quidem Quinctium, cum simul esset et experiri posset cotidie; deinde quod omnia iudicia difficillima cum summa sua invidia maximoque periculo P. Quincti fieri mallet quam illud pecuniarium iudicium quod uno die transigi posset; ex quo uno haec omnia nata et profecta esse concedit. in loco condicionem tuli, si vellet pecuniam petere, P. Quinctium iudicatum solvi satis daturum, dum ipse, si quid peteret, pari condicione uteretur.

[¶16] 86. I showed how many things ought to be done before a demand was made that the goods of a relation should be taken possession of; especially when he had at Rome his house, his wife, his children, and an agent who was equally an intimate friend of both. I proved that when he said the recognizances were forfeited, there were actually no recognizances at all; that on the day on which he says he gave him the promise, he was not even at Rome. I promised that I would make that plain by witnesses, who both must know the truth, and who had no reason for speaking falsely. I proved also that it was not possible that the goods should have been taken possession of according to the edict; because he was neither said to have kept out of the way for the purpose of fraud, nor to have left the country in banishment.

> Latin: 86. quam multa ante fieri convenerit quam hominis propinqui bona possideri postularentur, praesertim cum Romae domus eius, uxor, liberi essent et procurator aeque utriusque necessarius., cum desertum esse dicat vadimonium, omnino vadimonium nullum fuisse; quo die hunc sibi promisisse dicat, eo die ne Romae quidem eum fuisse; id testibus me pollicitus sum planum facturum qui et scire deberent et causam cur mentirentur non haberent. edicto autem non potuisse bona possideri demonstravi, quod neque fraudandi causa latitasset neque exsili causa solum vertisse diceretur.

[¶17] 87. The charge remains, that no one defended him at the trial. In opposition to which I argued that he was most abundantly defended, and that not by a man unconnected with him, nor by any slanderous or worthless person, but by a Roman knight, his own relation and intimate friend, whom Sextus Naevius himself had been accustomed previously to leave as his own agent. And that even if he did appeal to the tribunes, he was not on that account the less prepared to submit to a trial; and that Naevius had not had his rights wrested from him by the powerful interest of the agent; that on the other hand he was so much superior to us in interest that he now scarcely gives us the liberty of breathing.

> Latin: 87. est ut eum nemo iudicio defenderit. contra copiosissime defensum esse contendi non ab homine alieno neque ab aliquo calumniatore atque improbo, sed ab equite Romano, propinquo ac necessario suo, quem ipse Sex. Naevius procuratorem relinquere antea consuesset; neque eum, si tribunos appellarit, idcirco minus iudicio pati paratum fuisse, neque potentia procuratoris Naevio ius ereptum; contra istum potentia sua tum tantum modo superiorem fuisse, nunc nobis vix respirandi potestatem dare.

[¶18] 88. I asked what the reason was why the goods had not been sold, since they had been taken possession of according to the edict. Secondly, I asked this also, on what account not one of so many creditors either did the same thing then, why not one speaks against him now, but why they are all striving for Publius Quinctius? Especially when in such a trial the testimonies of creditors are thought exceedingly material. After that, I employed the testimony of the adversary, who lately entered as his partner the man who, according to the language of his present claim, he demonstrates was at that time not even in the number of living men. Then I mentioned that incredible rapidity, or rather audacity of his. I showed that it was inevitable, either that seven hundred miles had been run over in two days, or that Sextus Naevius had sent men to take possession many days before he demanded leave so to seize his goods.

> Latin: 88. quae causa fuisset cur bona non venissent, cum ex edicto possiderentur. illud quoque requisivi qua ratione ex tot creditoribus nemo neque tum idem fecerit neque nunc contra dicat, omnesque pro P. Quinctio pugnent, praesertim cum in tali iudicio testimonia creditorum existimentur ad rem maxime pertinere. sum usus adversarii testimonio, qui sibi eum nuper edidit socium quem, quo modo nunc intendit, ne in vivorum quidem numero tum demonstrat fuisse. illam incredibilem celeritatem seu potius audaciam protuli; confirmavi necesse esse aut biduo dcc milia passuum esse decursa aut Sex. Naevium diebus compluribus ante in possessionem misisse quam postularet uti ei liceret bona possidere.

[¶19] 89. After that I recited the edict, which expressly forbade the owner to be driven off his by which it was plain that Naevius had not taken possession according to the edict, as he confessed that Quinctius had been driven off his farm by force. But I thoroughly proved that the goods had actually not been taken possession of, because such a seizure of goods is looked at not as to part but with respect to everything which can be seized or taken possession of. I said that he had a house at Rome which that fellow never even made an attempt on; that he had many slaves, of which he neither took possession of any, and did not even touch any; that there was one whom he attempted to touch; that he was forbidden to, and that he remained quiet.

> Latin: 89. recitavi edictum quod aperte dominum de praedio detrudi vetaret; in quo constitit Naevium ex edicto non possedisse, cum confiteretur ex praedio vi detrusum esse Quinctium. autem bona possessa non esse constitui, quod bonorum possessio spectetur non in aliqua parte, sed in universis quae teneri et possideri possint. domum Romae fuisse quo iste ne aspirarit quidem, servos compluris, ex quibus iste possederit neminem, ne attigerit quidem; unum fuisse quem attingere conatus sit; prohibitum quievisse.

[¶20] 90. You know also that Sextus Naevius never came on to the private farms of Quinctius even in Gaul. Lastly I proved that the private servants of Quinctius were not all driven away from that very estate which he took possession of, having expelled his partner by force. From which, and from all the other sayings, and actions, and thoughts of Sextus Naevius, any one can understand that that fellow did nothing else, and is now doing nothing, but endeavouring by violence, by injustice, and by unfair means at this trial, to make the whole farm his own which belongs to both partners in common.

> Latin: 90. ipsa Gallia cognostis in praedia privata Quincti Sex. Naevium non venisse; denique ex hoc ipso saltu quem per vim expulso socio possedit servos privatos Quincti non omnis eiectos esse. quo et ex ceteris dictis, factis cogitatisque Sex. Naevi quivis potest intellegere istum nihil aliud egisse neque nunc agere nisi uti per vim, per iniuriam, per iniquitatem iudici totum agrum, qui communis est, suum facere possit.

[¶21] 91. Now that I have summed up the whole cause the affair itself and the magnitude of the danger, O Caius Aquillius, seem to make it necessary for Publius Quinctius to solicit and entreat you and your colleagues, by his old age and his desolate condition, merely to follow the dictates or your own nature and goodness; so that as the truth is on his side, his necessitous state may move you to pity rather than the influence of the other party to cruelty.

> Latin: 91. causa perorata res ipsa et periculi magnitudo, C. Aquili, cogere videtur, ut te atque eos qui tibi in consilio sunt obsecret obtesteturque P. Quinctius per senectutem ac solitudinem suam nihil aliud nisi ut vestrae naturae bonitatique obsequamini, ut, cum veritas cum hoc faciat, plus huius inopia possit ad misericordiam quam illius opes ad crudelitatem.

[¶22] 92. From the self same day when we came before you as judges, we began to disregard all the threats of those men which before we were alarmed at. If cause was to contend with cause we are sure that we could easily prove ours to any one but as the course of life of the one was to be contested with the course of life of the other, we thought we had on that account even more need of you as our judge. For this is the very point now in question, whether the rustic and unpolished economy of my client can defend itself against the luxury and licentiousness of the other or whether, homely as it is, and stripped of all ornaments, it is to lie handed over naked to covetousness and wantonness.

> Latin: 92. die ad te iudicem venimus, eodem die illorum minas quas ante horrebamus neglegere coepimus. causa cum causa contenderet, nos nostram perfacile cuivis probaturos statuebamus; quod vitae ratio cum ratione vitae decerneret, idcirco nobis etiam magis te iudice opus esse arbitrati sumus. res nunc enim in discrimine versatur, utrum possitne se contra luxuriem ac licentiam rusticana illa atque inculta parsimonia defendere an deformata atque ornamentis omnibus spoliata nuda cupiditati petulantiaeque addicatur.

[¶23] 93. Publius Naevius does not compare himself with you, O Sextus Naevius, he does not vie with you in riches or power. He gives up to you all the arts by which you are great; he confesses that he does not speak elegantly; that he is not able to say pleasant things to people; that he does not abandon a friendship when his friend is in distress, and fly off to another which is in flourishing circumstances; that he does not give magnificent and splendid banquets; that he has not a house closed against modesty and holiness, but open and as it were exposed to cupidity and debauchery; on the other hand he says that duty, good faith, industry and a life which has been always austere and void of pleasure has been his choice; he knows that the opposite course is more fashionable, and that by such habits people have more influence. What then shall be done?

> Latin: 93. comparat se tecum gratia P. Quinctius, Sex. Naevi, non opibus, non facultate contendit; omnis tuas artis quibus tu magnus es tibi concedit; fatetur se non belle dicere, non ad voluntatem loqui posse, non ab adflicta amicitia transfugere atque ad florentem aliam devolare, non profusis sumptibus vivere, non ornare magnifice splendideque convivium, non habere domum clausam pudori et sanctimoniae, patentem atque adeo expositam cupiditati et voluptatibus; contra sibi ait officium, fidem, diligentiam, vitam omnino semper horridam atque aridam cordi fuisse. superiora esse ac plurimum posse his moribus sentit. ergo est?

[¶24] 94. They have not so much more influence, that those who, having abandoned the strict discipline of virtuous men, have chosen rather to follow the gains and extravagance of Gallonius, and have even spent their liven in audacity and perfidy which were no part of his character, should have absolute dominion over the lives and fortunes of honourable men. If he may be allowed to live where Sextus Naevius does not wish to, if there is room in the city for an honest man against the will of Naevius; if Publius Quinctius may be allowed to breathe in opposition to the nod and sovereign power of Naevius; if under your protection, he can preserve in opposition to the insolence of his enemy the ornaments which he has acquired by virtue, there is hope that this unfortunate and wretched man may at last be able to rest in peace. But if Naevius is to have power to do everything he chooses, and if he chooses what is unlawful, what is to be done? What God is to be appealed to? The faith of what man can we invoke? What complaints, what lamentations can be devised adequate to so great a calamity.

> Latin: 94. usque eo tamen ut in capite fortunisque hominum honestissimorum dominentur ei qui relicta virorum bonorum disciplina et quaestum et sumptum Galloni sequi maluerunt atque etiam, quod in illo non fuit, cum audacia perfidiaque vixerunt. licet vivere eum quem Sex. Naevius non volt, si est homini honesto locus in civitate invito Naevio, si fas est respirare P. Quinctium contra nutum dicionemque Naevi, si, quae pudore ornamenta sibi peperit, ea potest contra petulantiam me defendente obtinere, spes est etiam hunc miserum atque infelicem aliquando tandem posse consistere. et poterit Naevius id quod libet, et ei libebit id quod non licet, quid agendum est? qui deus appellandus est? cuius hominis fides imploranda est? qui denique questus, qui luctus, qui maeror dignus inveniri in calamitate tanta potest?

[¶25] 95. It is a miserable thing to be despoiled of all one's fortunes; it is more miserable still to be so unjustly. It is a bitter thing to be circumvented by any one, more bitter still to be so by a relation. It is a calamitous thing to be stripped of one's goods, more calamitous still if accompanied by disgrace. It is an intolerable injury to be slain by a brave and honourable man, more intolerable still to be slain by one whose voice has been prostituted to the trade of a crier. It is an unworthy thing to be conquered by one's equal or one's superior, more unworthy still by one's inferior, by one lower than oneself. It is a grievous thing to be handed over with one's goods to another, more grievous still to be handed over to an enemy. It is a horrible thing to have to plead to a capital charge, more horrible still to have to speak in one's own defence before one's accuser speaks.

> Latin: 95. est exturbari fortunis omnibus, miserius est iniuria; acerbum est ab aliquo circumveniri, acerbius a propinquo; calamitosum est bonis everti, calamitosius cum dedecore; funestum est a forti atque honesto viro iugulari, funestius ab eo cuius vox in praeconio quaestu prostitit; indignum est a pari vinci aut superiore, indignius ab inferiore atque humiliore; luctuosum est tradi alteri cum bonis, luctuosius inimico; horribile est causam capitis dicere, horribilius priore loco dicere.

[¶26] 96. Quinctius has looked round on all sides, has encountered every danger. He was not only unable to find a praetor from whom he could obtain a trial, much less one from whom he could obtain one on his own terms, but he could not even move the friends of Sextus Naevius, at whose feet he often lay, and that for a long time, entreating them by the immortal Gods either to contest the point with him according to law, or at least, if they must do him injustice, to do it without ignominy.

> Latin: 96. circumspexit Quinctius, omnia periclitatus est, C. Aquili; non praetorem modo a quo ius impetraret invenire non potuit, atque adeo ne unde arbitratu quidem suo postularet, sed ne amicos quidem Sex. Naevi, quorum saepe et diu ad pedes iacuit stratus obsecrans per deos immortalis, ut aut secum iure contenderent aut iniuriam sine ignominia sibi imponerent.

[¶27] 97. Last of all he approached the haughty countenance of his very enemy; weeping he took the hand of Sextus Naevius, well practised in advertising the goods of his relations. He entreated him by the ashes of his dead brother by the name of their relationship, by his own wife and children to whom no one is a nearer relation than Publius Quinctius, at length to take pity on him, to have some regard, if not for their relationship, at least for his age, if not for a man, at least for humanity, to terminate the matter on any conditions as long as they were only endurable, leaving his character unimpeached.

> Latin: 97. ipsius inimici voltum superbissimum subiit, ipsius Sex. Naevi lacrimans manum prehendit in propinquorum bonis proscribendis exercitatam, obsecravit per fratris sui mortui cinerem, per nomen propinquitatis, per ipsius coniugem et liberos, quibus propior P. Quinctio nemo est, ut aliquando misericordiam caperet, aliquam, si non propinquitatis, at aetatis suae, si non hominis, at humanitatis rationem haberet, ut secum aliquid integra sua fama qualibet, dum modo tolerabili, condicione transigeret.

[¶28] 98. Being rejected by him, getting no assistance from his friends being passed and frightened by every magistrate he has no one but you whom he can appeal to you he commends himself to you he commends all his property and fortunes to you he commends his character and his hopes for the remainder of his life. Harassed by much contumely suffered in under many injuries he flies to you not unworthy but unfortunate; driven out of a beautiful farm with his enemies attempting to fix every possible mark of ignominy on him, seeing his adversary the owner of his paternal property, while he himself is unable to make up a dowry for his marriageable daughter, he has still done nothing inconsistent with his former life.

> Latin: 98. ipso repudiatus, ab amicis eius non sublevatus, ab omni magistratu agitatus atque perterritus, quem praeter te appellet habet neminem; tibi se, tibi suas omnis opes fortunasque commendat, tibi committit existimationem ac spem reliquae vitae. vexatus contumeliis, plurimis iactatus iniuriis non turpis ad te sed miser confugit; e fundo ornatissimo eiectus, ignominiis omnibus appetitus, cum illum in paternis bonis dominari videret, ipse filiae nubili dotem conficere non posset, nihil alienum tamen vita superiore commisit.

[¶29] 99. Therefore be begs this of you, O Caius Aquillius, that he may be allowed to carry with him out of this place the character and the probity which, now that his life is nearly come to an end, he brought with him before your tribunal. That he, of whose virtue no one ever doubted, may not in his sixtieth year be branded with disgrace, with stigma, and with the most shameful ignominy; that Sextus Naevius may not array himself in all his ornaments as spoils of victory; that it may not be owing to you that the character, which has accompanied Publius Quinctius to his old age, does not attend him to the tomb.

> Latin: 99. hoc te obsecrat, C. Aquili, ut, quam existimationem, quam honestatem in iudicium tuum prope acta iam aetate decursaque attulit, eam liceat ei secum ex hoc loco efferre, ne is de cuius officio nemo umquam dubitavit lx denique anno dedecore, macula turpissimaque ignominia notetur, ne ornamentis eius omnibus Sex. Naevius pro spoliis abutatur, ne per te fiat quo minus, quae existimatio P. Quinctium usque ad senectutem produxit, eadem usque ad rogum prosequatur.