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Accusative
Dative
Ablative
Genitive
Vocative
Locative
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Deponent
For P. Quinctius (M. Tullius Cicero)
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For P. Quinctius

Author: M. Tullius Cicero
Translator: C. D. Yonge
25
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.
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.
26
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.
27
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.
28
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.
29
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.
30
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.
31
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
.
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.
32
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
.
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.
33
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.
34
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.
35
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.
36
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.
37
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.
38
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
;
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.
39
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
.
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.
40
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.
41
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.
42
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.
43
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.
44
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.
45
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.
46
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.
47
de
rationibus
et
controversiis
societatis
volt
diiudicari
.
sero
,
verum
aliquando
tamen
;
concedamus
.
non
,
inquit
,
id
ago
,
C
.
Aquili
,
neque
in
eo
nunc
laboro
.
pecunia
mea
tot
annos
utitur
P
.
Quinctius
.
Vtatur
sane
;
non
peto
.
quid
igitur
pugnas
?
an
,
quod
saepe
multis
in
locis
dixisti
,
ne
in
civitate
sit
,
ne
locum
suum
quem
adhuc
honestissime
defendit
obtineat
,
ne
numeretur
inter
vivos
,
ut
decernat
de
vita
et
ornamentis
suis
omnibus
,
apud
iudicem
causam
priore
loco
dicat
et
,
eam
cum
orarit
,
tum
denique
vocem
accusatoris
audiat
?
quid
?
hoc
quo
pertinet
?
ut
ocius
ad
tuum
pervenias
?
at
si
id
velles
,
iam
pridem
actum
esse
poterat
.
Vt
honestiore
iudicio
conflictere
?
He wishes a decision to be come to concerning the accounts and disputes of the partnership. It is very late. However, better late than never; let us grant it. Oh, says be, I do not want that now, O Caius Aquillius; and I am not troubling myself about that now: Publius Quinctius has had the use of my money for so many years; let him use it, I do not ask anything. What then are you contending for? is it with that object that you have often announced in many places—that he may no longer be a citizen? that he may not keep that rank which hitherto he has most honourably preserved? that be may not be counted among the living? that he may be in peril of his life and all his honours? that he may have to plead his cause before the plaintiff speaks, and that when he has ended his speech he may then hear the voice of his accuser? What? What is the object of this? That you may the quicker arrive at your rights? But if you wished that might be already done. That you may contend according to a more respectable form of procedure?
48
at
sine
summo
scelere
P
.
Quinctium
,
propinquum
tuum
,
iugulare
non
potes
.
Vt
facilius
iudicium
sit
?
at
neque
C
.
Aquilius
de
capite
alterius
libenter
iudicat
et
Q
.
Hortensius
contra
caput
non
didicit
dicere
.
quid
a
nobis
autem
,
C
.
Aquili
,
refertur
?
pecuniam
petit
;
negamus
deberi
.
iudicium
fiat
statim
;
non
recusamus
.
num
quid
praeterea
?
si
veretur
ut
res
iudicio
facto
parata
sit
,
iudicatum
solvi
satis
accipiat
;
quibus
a
me
verbis
satis
acceperit
,
isdem
ipse
,
quod
peto
,
satis
det
.
actum
iam
potest
esse
,
C
.
Aquili
;
iam
tu
potes
liberatus
discedere
molestia
prope
dicam
non
minore
quam
Quinctius
.
But you cannot murder Publius Quinctius your own relation, without the greatest wickedness. That the trial may be facilitated I But neither does Caius Aquillius willingly decide on the life of another, nor has Quintus Hortensius been in the habit of pleading against a man's life. But what reply is made by us, O Caius Aquillius? He asks for his money: we deny that it is due. Let a trial take place instantly; we make no objection; is there anything more? If he is afraid that the money will not be forth coming when the decision is given let him take security that it shall be; and let him give security for what I demand in the very same terms in which we give security.