For P. Quinctius (M. Tullius Cicero)

[Close]

	For P. Quinctius Author: M. Tullius Cicero	Translator: C. D. Yonge
1	quae 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 . eloquentia Q . Hortensi ne me in dicendo impediat , non nihil commoveor , gratia Sex . Naevi ne P . Quinctio noceat , id vero non mediocriter pertimesco .	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.
2	neque 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 .	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.
3	illud 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 .	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
4	ita quod mihi consuevit in ceteris causis esse adiumento , id quoque in hac causa deficit . nam , quod ingenio minus possum , subsidium mihi diligentia comparavi ; quae quanta sit , nisi tempus et spatium datum sit , intellegi non potest . quae 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 .	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. 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.
5	quod 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 . certe aut apud te et hos qui tibi adsunt veritas valebit , aut ex hoc loco repulsa vi et gratia locum ubi consistat reperire non poterit .	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.
6	non 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 . quid ergo est ?	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.
7	primum 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 .	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,—
8	deinde 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 .	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;
9	nam 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 . ita 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 .	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.
10	id 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 . quod 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 .	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.
11	cum 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 .	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.
12	id 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 . quid 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 .	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.
13	qua 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 . erat ei pecuaria res ampla et rustica sane bene culta et fructuosa . tollitur ab atriis Liciniis atque a praeconum consessu in Galliam Naevius et trans Alpis usque transfertur . fit magna mutatio loci , non ingeni . nam qui ab adulescentulo quaestum sibi instituisset sine impendio , postea quam nescio quid impendit et in commune contulit , mediocri quaestu contentus esse non poterat .	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.
14	nec mirum , si is qui vocem venalem habuerat ea quae voce quaesiverat magno sibi quaestui fore putabat . itaque 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 . verum his de rebus non necesse habeo dicere ea quae me P . Quinctius cupit commemorare ; tametsi causa postulat , tamen quia postulat , non flagitat , praeteribo .	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.
15	cum 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 . heredem testamento reliquit hunc P . Quinctium ut , ad quem summus maeror morte sua veniebat , ad eundem summus honos quoque perveniret .	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.
16	quo mortuo , nec ita multo post , in Galliam proficiscitur Quinctius , ibi cum isto Naevio familiariter vivit . annum 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 .	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.
17	ibi tum vir optimus sex . 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 . quia , 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 .	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.
18	cum pecuniam C . Quinctius P . Scapulae debuisset , per te , C . Aquili , decidit P . Quinctius quid liberis eius dissolveret . hoc eo per te agebatur quod propter aerariam rationem non satis erat in tabulis inspexisse quantum deberetur , nisi ad Castoris quaesisses quantum solveretur . decidis statuisque tu propter necessitudinem quae tibi cum Scapulis est quid eis ad denarium solveretur .	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.
19	haec omnia Quinctius agebat auctore et consuasore Naevio . nec 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 .	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.
20	tum 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 . posterius , inquit , ista videbimus , Quinctius ; nunc hoc velim cures , si tibi videtur , quod dixisti . negat se alia ratione facturum ; quod promisisset , non plus sua referre quam si , cum auctionem venderet , domini iussu quippiam promisisset .	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.
21	destitutione illa perculsus Quinctius a Scapulis paucos dies aufert , in Galliam mittit ut ea quae proscripserat venirent , deteriore tempore absens auctionatur , Scapulis difficiliore condicione dissolvit . tum appellat ultro Naevium ut , quoniam suspicaretur aliqua de re fore controversiam , videret ut quam primum et quam minima cum molestia tota res transigeretur .	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.
22	dat iste amicum M . Trebellium , nos communem necessarium , qui istius domi erat eductus et quo utebatur iste plurimum , propinquum nostrum , sex . Alfenum . res convenire nullo modo poterat , propterea quod hic mediocrem iacturam facere cupiebat , iste mediocri praeda contentus non erat .	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.
23	itaque 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 .	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.
24	obsecro , C . Aquili vosque qui adestis in consilio , ut diligenter attendatis , ut singulare genus fraudis et novam rationem insidiarum cognoscere possitis .	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.