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.
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.
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.
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;
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.
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.”
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.
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;
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?
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.
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.
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.
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;
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?
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.
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.
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?”
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?”
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.
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.
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.
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.
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?
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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?
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.