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.
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.
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.
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.
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.
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?
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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.
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.
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?