For P. Quinctius (M. Tullius Cicero)

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	For P. Quinctius Author: M. Tullius Cicero	Translator: C. D. Yonge
22	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.
23	Obsecro , C . Aquili vosque qui adestis in consilio , ut diligenter attendatis , ut singulare genus fraudis et novam rationem insidiarum cognoscere possitis . Ait 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 . Hic cum rem Gallicanam cuperet revisere , hominem in praesentia non vadatur ; ita sine vadimonio disceditur . Deinde 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.	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. 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.
24	Februarias Quinctius Scipione et Norbano coss . Quaeso ut eum diem memoriae mandetis . L . Albius Sex . 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 .	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.
25	Quod 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 . Veniunt frequentes . Testificatur iste " P . Quinctium non stetisse et stetisse se " ; tabulae maxime signis hominum nobilium consignantur , disceditur . Postulat 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 .	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.
26	Qua ex re intellegi facile potuit nullum esse officium tam sanctum atque sollemne quod non avaritia comminuere ac violare soleat . Etenim 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 .	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.
27	Libellos 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 .	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.
28	Haec dum Romae geruntur , Quinctius interea contra ius , consuetudinem , edicta praetorum de saltu agroque communi a servis communibus vi detruditur .	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.
29	Existima , C . Aquili , modo et ratione omnia Romae Naevium fecisse , si hoc quod per litteras istius in Gallia gestum est recte atque ordine factum videtur . Expulsus 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 . Is eam rem quam vehementer vindicandam putarit ex decretis eius poteritis cognoscere . Alfenus interea Romae cum isto gladiatore vetulo cotidie pugnabat ; utebatur populo sane suo , propterea quod iste caput petere non desinebat . Iste postulabat ut procurator iudicatum solvi satis daret ; negat Alfenus aequum esse procuratorem satis dare , quod reus satis dare non deberet , si ipse adesset . Appellantur tribuni ; a quibus cum esset certum auxilium petitum , ita tum disceditur ut Idibus Septembribus P . Quinctium sisti Sex . Alfenus promitteret .	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. 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.
30	Venit Romam Quinctius , vadimonium sistit . Iste , 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 " . Non recusabat Quinctius quin ita satis dare iuberetur , si bona possessa essent ex edicto . Decernit — 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 " . Recusabant 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 .	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.
31	Clamabat 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 .	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.
32	Conturbatus 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 . In hoc summa iudici causaque tota consistit .	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.
33	Iudicium 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 . Illud 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 .	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.
34	Neque 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 .	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.
35	Verum 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 ; faciam quod te saepe animadverti facere , Hortensi ; totam causae meae dictionem certas in partis dividam . Tu 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 . Certos 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 .	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. 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.
36	Negamus te bona P . Quincti , Sex . Naevi , possedisse ex edicto praetoris . In eo sponsio facta est . Ostendam primum causam non fuisse cur a praetore postulares ut bona P . Quincti possideres , deinde ex edicto te possidere non potuisse , postremo non possedisse . Quaeso , 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 . Nego fuisse causam cur postularet , nego ex edicto possidere potuisse , nego possedisse . Haec tria cum docuero , peroraro .	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.
37	Non fuit causa cur postularet . Qui hoc intellegi potest ? Quia Sex . Naevio neque ex societatis ratione neque privatim quicquam debuit Quinctius . Quis huic rei testis est ? Idem qui acerrimus adversarius ; in hanc rem te , te inquam , testem , Naevi , citabo . Annum et eo diutius post mortem C . Quincti fuit in Gallia tecum simul Quinctius . Doce te petisse ab eo istam nescio quam innumerabilem pecuniam , doce aliquando mentionem fecisse , dixisse deberi ; debuisse concedam .	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.
38	Moritur 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 . Quis 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 ? Itane 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 ?	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.
39	et is pecuniam , si qua deberetur , non peteret qui , quia , quod debitum numquam est , id datum non est , non pecuniam modo verum etiam hominis propinqui sanguinem vitamque eripere conatur ? Huic tum molestus esse videlicet noluisti quem nunc respirare libere non sinis ; quem nunc interficere nefarie cupis , eum tum pudenter appellare nolebas . Ita credo ; hominem propinquum , tui observantem , virum bonum , pudentem , maiorem natu nolebas aut non audebas appellare ; saepe , ut fit , cum ipse te confirmasses , cum statuisses mentionem de pecunia facere , cum paratus meditatusque venisses , homo timidus virginali verecundia subito ipse te retinebas ; excidebat repente oratio ; cum cuperes appellare , non audebas , ne invitus audiret . Id erat profecto .	And would he not demand the money, if any were owing, who , because that was not paid which was never owed, seeks to take away not the money only, but even the life of his relation? You were unwilling, I suppose, to be troublesome to him whom you will not allow even to live as a free man! You were unwilling at that time modestly to ask that man for money, whom you now will nefariously to murder! I suppose so. You were unwilling, or you did not dare, to ask a man who was your relation, who had a regard for you, a good man, a temperate man, a man older than yourself. Often (as sometimes happens with men), when you had fortified yourself, when you had determined to mention the money, when you had come ready prepared and having considered the matter, you being a nervous man, of virgin modesty, on a sudden checked yourself, your voice failed you, you did not dare to ask him for money whom you wished to ask, lest he should be unwilling to hear you. No doubt that was it.
40	Credamus hoc , Sex . Naevium , cuius caput oppugnet , eius auribus pepercisse . Si debuisset , Sexte , petisses , et petisses statim ; si non statim , paulo quidem post ; si non paulo , at aliquanto ; sex quidem illis mensibus profecto ; anno vertente sine controversia . Anno et sex mensibus vero , cum tibi cotidie potestas hominis fuisset admonendi , verbum nullum facis ; biennio iam confecto fere appellas . Quis tam perditus ac profusus nepos non adesa iam sed abundanti etiam pecunia sic dissolutus fuisset ut fuit Sex . Naevius ? Cum hominem nomino , satis mihi videor dicere .	Let us believe this, that Sextus Naevius spared the ears of the man whose life he is attacking! If he had owed you money, O Sextus, you would have asked for it at once; if not at once, at all events soon after; if not soon after, at least after a time; in six months I should think; beyond all doubt at the close of the year: but for a year and a half, when you had every day an opportunity of reminding the man of the debt, you say not one word about it; but now, when nearly two years have passed, you ask for the money. What profligate and extravagant spendthrift, even before his property is diminished, but while it is still abundant, would have been so reckless as Sextus Naevius was? When I name the man, I seem to myself to have said enough.
41	Debuit tibi C . Quinctius , numquam petisti ; mortuus est ille , res ad heredem venit ; cum eum cotidie videres , post biennium denique appellas . Dubitabitur utrum sit probabilius , Sex . Naevium statim si quid deberetur petiturum fuisse , an ne appellaturum quidem biennio ? Appellandi tempus non erat ? At tecum plus annum vixit . In Gallia agi non potuit ? At et in provincia ius dicebatur et Romae iudicia fiebant . Restat ut aut summa neglegentia tibi obstiterit aut unica liberalitas . Si neglegentiam dices , mirabimur , si bonitatem , ridebimus ; neque praeterea quid possis dicere invenio . Satis est argumenti nihil esse debitum Naevio , quod tam diu nihil petivit .	Caius Quinctius owed you money; you never asked for it: he died; his property came to his heir; though you saw him every day, you did not ask for it for two years; will any one doubt which is the more probable, that Sextus Naevius would instantly have asked for what was owed to him, or that be would not have asked for two years? Had he no opportunity of asking? Why, he lived with you more than a year: could no measures be taken in Gaul? But there was law administered in the province, and trials were taking place at Rome. The only alternative remaining is, either extreme carelessness prevented you, or extraordinary liberality. If you call it carelessness, we shall wonder; if you call it kindness, we shall laugh; and what else you can call it I know not; it is proof enough that nothing was owing to Naevius, that for such a length of time he asked for nothing.
42	Quid si hoc ipsum quod nunc facit ostendo testimonio esse nihil deberi ? Quid enim nunc agit Sex . Naevius ? qua de re controversia est ? quod est hoc iudicium in quo iam biennium versamur ? quid negoti geritur in quo ille tot et talis viros defatigat ? Pecuniam petit . Nunc denique ? verum tamen petat ; audiamus .	What if I show that this very thing which he is now doing is a proof that nothing is due? For what is Sextus Naevius doing now? About what is there a dispute? What is this trial on which we have now been occupied two years? What is the important business with which he is wearying so many eminent men? He is asking for his money. What now, at last? But let him ask; let us hear what he has to say.