For P. Quinctius (M. Tullius Cicero)

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	For P. Quinctius Author: M. Tullius Cicero	Translator: C. D. Yonge
49	quid agimus , Hortensi ? quid de hac condicione dicimus ? possumus aliquando depositis armis sine periculo fortunarum de re pecuniaria disceptare ? possumus ita rem nostram persequi ut hominis propinqui caput incolume esse patiamur ? possumus petitoris personam capere , accusatoris deponere ? immo , inquit , abs te satis accipiam ; ego autem tibi satis non dabo .	The matter can be terminated at once, O Caius Aquillius You can at once depart, being delivered from an annoyance, I had almost said, no less than that Quinctius is exposed to. What are we doing, Hortensius? what are we to say of this condition? Can we, some time or other, laying aside our weapons, discuss the money matter without hazard of any one's fortunes? Can we so prosecute our business, as to leave the life of our relation in safety? Can we adopt the character of a plaintiff, and lay aside that of an accuser? Yes, says he, I will take security from you, but I will not give you security.
50	quis tandem nobis ista iura tam aequa discribit ? quis hoc statuit , quod aequum sit in Quinctium , id iniquum esse in Naevium ? Quincti bona , inquit , ex edicto praetoris possessa sunt . ergo , id ut confitear , postulas ut , quod numquam factum esse iudicio defendimus , id , proinde quasi factum sit , nostro iudicio confirmemus ?	But who is it that lays down for us these very reasonable conditions? who determines this—that what is just towards Quinctius is unjust towards Naevius? The goods of Quinctius, says he, were taken possession of in accordance with the edict of the praetor. You demand then, that I should admit that; that we should establish by our own sentence, as having taken place, that which we go to trial expressly to prove never did take place.
51	inveniri ratio , C . Aquili , non potest ut ad suum quisque quam primum sine cuiusquam dedecore , infamia pernicieque perveniat ? profecto , si quid deberetur , peteret ; non omnia iudicia fieri mallet quam unum illud unde haec omnia iudicia nascuntur . qui inter tot annos ne appellarit quidem Quinctium , cum potestas esset agendi cotidie , qui , quo tempore primum agere coepit , in vadimoniis differendis tempus omne consumpserit , qui postea vadimonium quoque missum fecerit , hunc per insidias vi de agro communi deiecerit , qui , cum de re agendi nullo recusante potestas fuisset , sponsionem de probro facere maluerit , qui , cum revocetur ad id iudicium unde haec nata sunt omnia , condicionem aequissimam repudiet , fateatur se non pecuniam sed vitam et sanguinem petere , is non hoc palam dicit : mihi si quid deberetur , peterem atque adeo iam pridem abstulissem ;	Can no means be found, O Caius Aquillius, for a man's arriving at his rights as expeditiously as maybe without the disgrace and infamy and ruin of any one else? Forsooth, if anything were owed, he would ask for it: he would not prefer that all sorts of trials should take place, rather than that one from which all these arise. He, who for so many years never even asked Quinctius for the money, when he had an opportunity of transacting business with him every day; he who, from the time when he first began to behave ill, has wasted all the time in adjournments and respiting the recognizances; he who, after he had withdrawn his recognizance drove Quinctius by treachery and violence from their joint estate; who, when he had ample opportunity, without any one's making objection, to try a civil action, chose rather a charge that involved infamy; who, when he is brought back to this tribunal, whence all these proceedings arise, repudiates the most reasonable proposals; confesses that he is aiming, not at the money, but at the life and heart's blood of his adversary;—does he not openly say, “if anything were owing to me, I should demand it, and I should long ago have obtained it;
52	nihil hoc tanto negotio , nihil tam invidioso iudicio , nihil tam copiosa advocatione uterer , si petendum esset ; extorquendum est invito atque ingratis ; quod non debet , eripiendum atque exprimendum est ; de fortunis omnibus P . Quinctius deturbandus est ; potentes , diserti , nobiles omnes advocandi sunt ; adhibenda vis est veritati , minae iactentur , pericula intendantur , formidines opponantur , ut his rebus aliquando victus et perterritus ipse se dedat ? quae me hercule omnia , cum qui contra pugnent video , et cum illum consessum considero , adesse atque impendere videntur neque vitari ullo modo posse ; cum autem ad te , C . Aquili , oculos animumque rettuli , quo maiore conatu studioque aguntur , eo leviora infirmioraque existimo . nihil igitur debuit , ut tu ipse praedicas .	I would not employ so much trouble, so unpopular a course of legal proceeding, and such a band of favourers of my cause, if I had to make a just demand; I have got to extort money from one unwilling, and in spite of him; I have got to tear and squeeze out of a man what he does not owe; Publius Quinctius is to be cast down from all his fortune; every one who is powerful, or eloquent, or noble, must be brought into court with me; a force must be put upon truth, threats must be bandied about, dangers must be threatened; terrors must be brandished before his eyes, that being cowed and overcome by these things, he may at last yield of his own accord.” And, in truth, all these things, when I see who are striving against us, and when I consider the party sitting opposite to me, seem to be impending over, and to be present to us, and to be impossible to be avoided by any means. But when, O Caius Aquillius, I bring my eyes and my mind back to you, the greater the labour and zeal with which all these things are done, the more trifling and powerless do I think them. Quinctius then owed nothing, as you prove yourself.
53	quid si debuisset ? continuone causa fuisset cur a praetore postulares ut bona possideres ? non opinor id quidem neque ius esse neque cuiquam expedire . quid igitur demonstrat ? vadimonium sibi ait esse desertum .	But what if he had owed you anything? would that have at once been a reason for your requiring leave from the praetor to take possession of his goods? I think that was neither according to law, nor expedient for any one. What then does he prove? He says that he had forfeited his recognizances.
54	ante quam doceo id factum non esse , libet mihi , C . Aquili , ex offici ratione atque ex omnium consuetudine rem ipsam et factum simul Sex . Naevi considerare . ad vadimonium non venerat , ut ais , is quicum tibi adfinitas , societas , omnes denique causae et necessitudines veteres intercedebant . ilicone ad praetorem ire convenit ? continuone verum fuit postulare ut ex edicto bona possidere liceret ? ad haec extrema et inimicissima iura tam cupide decurrebas ut tibi nihil in posterum quod gravius atque crudelius facere posses reservares ?	Before I prove that he had not done so, I choose, O Caius Aquillius, to consider both the fact itself and the conduct of Sextus Naevius, with reference to the principles of plain duty, and the common usages of men. He, as you say, had not appeared to his recognizances; he with whom you were connected by relationship, by partnership, by every sort of bond and ancient intimacy. Was it decent for you to go at once to the praetor? was it fair for you at once to demand to be allowed to take possession of his goods according to the edict? Did you betake yourself to these extreme measures and to these most hostile laws with such eagerness as to leave yourself nothing behind which you might be able to do still more bitter and cruel?
55	nam quid homini potest turpius , quid viro miserius aut acerbius usu venire ? quod tantum evenire dedecus , quae tanta calamitas inveniri potest ? pecuniam si cuipiam fortuna ademit aut si alicuius eripuit iniuria , tamen , dum existimatio est integra , facile consolatur honestas egestatem . at non nemo aut ignominia adfectus aut iudicio turpi convictus bonis quidem suis utitur , alterius opes , id quod miserrimum est , non exspectat , hoc tamen in miseriis adiumento et solacio sublevatur . cuius vero bona venierunt , cuius non modo illae amplissimae fortunae sed etiam victus vestitusque necessarius sub praeconem cum dedecore subiectus est , is non modo ex numero vivorum exturbatur , sed , si fieri potest , infra etiam mortuos amandatur . etenim mors honesta saepe vitam quoque turpem exornat , vita ita turpis ne morti quidem honestae locum relinquit .	For, what could happen more shameful to any human being, what more miserable or more bitter to a man; what disgrace could happen so heavy, what disaster can be imagined so intolerable? If fortune deprived any one of money, or if the injustice of another took it from him, still while his reputation is unimpeached, honour easily makes amends for poverty. And some men, though stained with ignominy, or convicted in discreditable trials, still enjoy their wealth; are not forced to dance attendance (which is the most wretched of all states) on the power of another; and in their distresses they are relieved by this support and comfort; but he whose goods have been sold, who has seen not merely his ample estates, but even his necessary food and clothing put up under the hammer, with great disgrace to himself; he is not only erased from the list of men, but he is removed out of sight, if possible, even beneath the dead. An honourable death forsooth often sets off even a base life, but a dishonoured life leaves no room to hope for even an honourable death.
56	ergo hercule , cuius bona ex edicto possidentur , huius omnis fama et existimatio cum bonis simul possidetur ; de quo libelli in celeberrimis locis proponuntur , huic ne perire quidem tacite obscureque conceditur ; cui magistri fiunt et domini constituuntur , qui qua lege et qua condicione pereat pronuntient , de quo homine praeconis vox praedicat et pretium conficit , huic acerbissimum vivo videntique funus indicitur , si funus id habendum est quo non amici conveniunt ad exsequias cohonestandas , sed bonorum emptores ut carnifices ad reliquias vitae lacerandas et distrahendas .	Therefore, in truth, when a man's goods are taken possession of according to the praetor's edict, all his fame and reputation is seized at the same time with his goods. A man about whom placards are posted in the most frequented places, is not allowed even to perish in silence and obscurity; a man who has assignees and trustees appointed to pronounce to him on what terms and conditions he is to be ruined; a man about whom the voice of the crier makes proclamation and proclaims his price,—he has a most bitter funeral procession while he is alive, if that may be considered a funeral in which men meet not as friends to do honour to his obsequies, but purchasers of his goods as executioners, to tear to pieces and divide the relics of his existence.
57	itaque maiores nostri raro id accidere voluerunt , praetores ut considerate fieret comparaverunt . viri boni cum palam fraudantur , cum experiendi potestas non est , timide tamen et pedetemptim istuc descendunt vi ac necessitate coacti , inviti , multis vadimoniis desertis , saepe inlusi ac destituti ; considerant enim quid et quantum sit alterius bona proscribere . iugulare civem ne iure quidem quisquam bonus volt , mavolt commemorari se cum posset perdere pepercisse , quam cum parcere potuerit perdidisse . haec in homines alienissimos , denique in inimicissimos viri boni faciunt et hominum existimationis et communis humanitatis causa , ut , cum ipsi nihil alteri scientes incommodarint , nihil ipsis iure incommodi cadere possit .	Therefore our ancestors determined that such a thing should seldom happen; the praetors have taken care that it should only happen after deliberation; good men, even when fraud is openly committed, when there is no opportunity of trying the case at law, still have recourse to this measure timidly and hesitatingly; not till they are compelled by force and necessity, unwillingly, when the recognizances have often been forfeited, when they have been often deceived and outwitted. For they consider how serious a matter it is to confiscate the property of another. A good man is unwilling to slay another, even according to law; for he would rather say that he had saved when he might have destroyed, than that he had destroyed when he could have saved. Good men behave so to the most perfect strangers, aye, even to their greatest enemies, for the sake both of their reputation among men, and of the common rights of humanity; in order that, as they have not knowingly caused inconvenience to another, no inconvenience may lawfully befall them. He did not appear to his recognizances. Who? Your own relation. If that matter appeared of the greatest importance in itself, yet its magnitude would be lessened by the consideration of your relationship. He did not appear to his recognizances. Who? Your partner. You might forgive even a greater thing than this, to a man with whom either your inclination had connected you, or fortune had associated you.
58	ad vadimonium non venit . quis ? propinquus . si res ista gravissima sua sponte videretur , tamen eius atrocitas necessitudinis nomine levaretur . ad vadimonium non venit . quis ? socius . etiam gravius aliquid ei deberes concedere , quicum te aut voluntas congregasset aut fortuna coniunxisset . ad vadimonium non venit . quis ? is , qui tibi praesto semper fuit . ergo in eum qui semel hoc commisit , ut tibi praesto non esset , omnia tela coniecisti quae parata sunt in eos qui permulta male agendi causa fraudandique fecerunt ?	He did not appear to his recognizances. Who? He who was always in your company. You therefore have hurled upon him, who allowed it to happen once that he was not in your company, all those weapons which have been forged against those who have done many things for the sake of malversation and fraud.
59	si dupondius tuus ageretur , sex . Naevi , si in parvola re captionis aliquid vererere , non statim ad C . Aquilium aut ad eorum aliquem , qui consuluntur , cucurrisses ? cum ius amicitiae , societatis , adfinitatis ageretur , cum offici rationem atque existimationis duci conveniret , eo tempore tu non modo non ad C . Aquilium aut L . Lucilium rettulisti , sed ne ipse quidem te consuluisti , ne hoc quidem tecum locutus es : Horae duae fuerunt ; Quinctius ad vadimonium non venit . quid ago ? si me hercule haec tecum duo verba fecisses : quid ago ? respirasset cupiditas atque avaritia , paulum aliquid loci rationi et consilio dedisses , tu te conlegisses , non in eam turpitudinem venisses ut hoc tibi esset apud talis viros confitendum , qua tibi vadimonium non sit obitum , eadem te hora consilium cepisse hominis propinqui fortunas funditus evertere .	If your poundage was called in question, if in any trifling matter you were afraid of some trick, would you not have at once run off to Caius Aquillius, or to some other counsel? When the rights of friendship, of partnership, of relationship are at stake, when regard should have been had to your duty and your character, at that time you not only did not refer it to Caius Aquillius or to Lucius Lucilius, but you did not even consult yourself; you did not even say this to yourself—“The two hours are passed; Quinctius has not appeared to his recognizances; what shall I do?” If, in truth, you had said but these four words to yourself “What shall I do?” your covetousness and avarice would have had breathing time; you would have given some room for reason and prudence; you would have recollected yourself; you would not have come to such baseness as to be forced to confess before such men that in the same hour in which he did not appear to his recognizances you took counsel how utterly to ruin the fortunes of your relation.
60	ego pro te nunc hos consulo post tempus et in aliena re , quoniam tu in tua re , cum tempus erat , consulere oblitus es ; quaero abs te , C . Aquili , L . Lucili , P . Quinctili , M . Marcelle : vadimonium mihi non obiit quidam socius et adfinis meus quicum mihi necessitudo vetus , controversia de re pecuniaria recens intercedit ; postulone a praetore ut eius bona mihi possidere liceat , an , cum Romae domus eius , uxor , liberi sint , domum potius denuntiem ? quid est quod hac tandem de re vobis possit videri ? profecto , si recte vestram bonitatem atque prudentiam cognovi , non multum me fallit , si consulamini , quid sitis responsuri : primum exspectare , deinde , si latitare ac diutius ludificare videatur , amicos convenire , quaerere quis procurator sit , domum denuntiare . dici vix potest quam multa sint quae respondeatis ante fieri oportere quam ad hanc rationem extremam necessario devenire .	I now on your behalf consult these men, after the time has passed, and in an affair which is not mine, since you forgot to consult them in your own affair, and when it was the proper time. I ask of you, Caius Aquillius, Lucius Lucilius, Publius Quintilius, and Marcus Marcellus;—A certain partner and relation of mine has not appeared to his recognizances; a man with whom I have a long standing intimacy, but a recent dispute about money matters. Can I demand of the praetor to be allowed to take possession of his goods? Or must I, as he has a house, a wife, and children at Rome, not rather give notice at his house? What is your opinion in this matter? If, in truth, I have rightly understood your kindness and prudence, I am not much mistaken what you will answer if you are consulted. You will say at first that I must wait; then, if he seems to be shirking the business and to be trifling with it too long, that I must have a meeting of our friends; must ask who his agent is; must give notice at his house. It can hardly be told how many steps there are which you would make answer ought to be taken before having recourse to this extreme and unnecessary course.
61	quid ad haec Naevius ? ridet scilicet nostram amentiam , qui in vita sua rationem summi offici desideremus et instituta virorum bonorum requiramus . quid mihi , inquit , cum ista summa sanctimonia ac diligentia ? viderint , inquit , ista officia viri boni , de me autem ita considerent : non quid habeam sed quibus rebus invenerim quaerant , et quem ad modum natus et quo pacto educatus sim . memini ; vetus est , de scurra multo facilius divitem quam patrem familias fieri posse .	What does Naevius say to all this? Forsooth, he laughs at our madness in expecting a consideration of the highest duty, or looking for the practices of good men in his conduct. What have I to do, says he, with all this sanctimoniousness and punctiliousness? Let good men, says he, look to these duties, but let them think of me thus; let them ask not what I have, but by what means I have acquired it, and in what rank I was born, and in what manner I was brought up. I remember, there is an old proverb about a buffoon; “that it is a much easier thing for him to become rich than to become the head of a family.”
62	haec ille , si verbis non audet , re quidem vera palam loquitur . etenim si volt virorum bonorum instituto vivere , multa oportet discat ac dediscat , quorum illi aetati utrumque difficile est .	This is what he says openly by his actions, if he does not dare to say it in words. If in truth he wishes to live according to the practices of good men, he has many things to learn and to unlearn, both which things are difficult to a man of his age.
63	non dubitavi , inquit , cum vadimonium desertum esset , bona proscribere . improbe ; verum , quoniam tu id tibi adrogas et concedi postulas , concedamus . quid si numquam deseruit , si ista causa abs te tota per summam fraudem et malitiam ficta est , si vadimonium omnino tibi cum P . Quinctio nullum fuit ? quo te nomine appellemus ? improbum ? at etiam si desertum vadimonium esset , tamen in ista postulatione et proscriptione bonorum improbissimus reperiebare . malitiosum ? non negas . fraudulentum ? iam id quidem adrogas tibi et praeclarum putas . audacem , cupidum , perfidiosum ? volgaria et obsoleta sunt ; res autem nova atque inaudita .	I did not hesitate, says he, when the recognizances were forfeited, to claim the confiscation of his goods. It was wickedly done; but since you claim this for yourself; and demand that it be granted to you, let us grant it. What if he has not forfeited his recognizances? if the whole of that plea has been invented by you with the most extreme dishonesty and wickedness? if there had actually been no securities given in any cause between you and Publius Quinctius? What shall we call you? Wicked? why, even if the recognizances had been forfeited, yet in making such a demand and confiscation of his goods, you were proved to be most wicked. Malignant? you do not deny it. Dishonest? you have already claimed that as your character, and you think it a fine thing. Audacious? covetous? perfidious? those are vulgar and worn-out imputations, but this conduct is novel and unheard-of.
64	quid ergo est ? vereor me hercule ne aut gravioribus utar verbis quam natura fert , aut levioribus quam causa postulat . ais esse vadimonium desertum . quaesivit a te , statim ut Romam rediit , Quinctius quo die vadimonium istuc factum esse diceres . respondisti statim : Nonis Febr. discedens in memoriam redit Quinctius quo die Roma in Galliam profectus sit ; ad ephemeridem revertitur ; invenitur dies profectionis pridie Kal . Febr. Nonis Febr. si Romae fuit , causae nihil dicimus quin tibi vadimonium promiserit .	What then are we to say? I fear forsooth lest I should either use language severer than men's nature is inclined to bear, or else more gentle than the cause requires. You say that the recognizances were forfeited. Quinctius the moment he returned to Rome asked you on what day the recognizances were drawn. You answered at once, on the fifth of February. Quinctius, when departing, began to recollect on what day he left Rome for Gaul: he goes to his journal, he finds the day of his departure set down, the thirty-first of January. If he was at Rome on the fifth of February we have nothing to say against his having entered into recognizances with you.
65	quid ? hoc inveniri qui potest ? profectus est una L . Albius , homo cum primis honestus ; dicet testimonium . prosecuti sunt familiares et Albium et Quinctium ; dicent hi quoque testimonium . Litterae P . Quincti , testes tot , quibus omnibus causa iustissima est cur scire potuerint , nulla cur mentiantur , cum astipulatore tuo comparabuntur .	What then? how can this be found out? Lucius Albius went with him, a man of the highest honour; he shall give his evidence. Some friends accompanied both Albius and Quinctius; they also shall give their evidence. Shall the letters of Publius Quinctius, shall so many witnesses, all having the most undeniable reason for being able to know the truth, and no reason for speaking falsely, be compared with your witness to the recognizance?
66	et in hac eius modi causa P . Quinctius laborabit et diutius in tanto metu miser periculoque versabitur ? et vehementius eum gratia adversarii perterrebit quam fides iudicis consolabitur ? vixit enim semper inculte atque horride ; natura tristi ac recondita fuit ; non ad solarium , non in campo , non in conviviis versatus est ; id egit ut amicos observantia , rem parsimonia retineret ; antiquam offici rationem dilexit cuius splendor omnis his moribus obsolevit . at si in causa pari discedere inferior videretur , tamen esset non mediocriter conquerendum ; nunc in causa superiore ne ut par quidem sit postulat , inferiorem se esse patitur , dumtaxat usque eo ne cum bonis , fama fortunisque omnibus Sex . Naevi cupiditati crudelitatique dedatur .	And shall Publius Quinctius be harassed in a cause like this? and shall he any longer be subjected to the misery of such fear and danger? and shall the influence of an adversary alarm him more than the integrity of the judge comforts him? For he always lived in an unpolished and uncompanionable manner; he was of a melancholy and unsociable disposition; he has not frequented the Forum, or the Campus, or banquets. He so lived as to retain his friends by attention, and his property by economy; he loved the ancient system of duty, all the splendour of which has grown obsolete according to present fashions. But if, in a cause where the merits were equal, he seemed to come off the worse, that would be in no small degree to be complained of; but now, when he is in the right, he does not even demand to come off best; he submits to be worsted, only with these limitations, that he is not to be given up with his goods, his character, and all his fortunes, to the covetousness and cruelty of Sextus Naevius.
67	docui quod primum pollicitus sum , C . Aquili , causam omnino cur postularet non fuisse , quod neque pecunia debebatur et , si maxime deberetur , commissum nihil esset qua re ad istam rationem perveniretur . attende nunc ex edicto praetoris bona P . Quincti possideri nullo modo potuisse . recita edictum . qui fraudationis causa latitarit . non est is Quinctius ; nisi si latitant qui ad negotium suum relicto procuratore proficiscuntur . cui heres non exstabit . ne is quidem . qui exsili causa solum verterit . quo tempore existimas oportuisse , Naevi , absentem Quinctium defendi aut quo modo ? tum cum postulabas ut bona possideres ? nemo adfuit ; neque enim quisquam divinare poterat te postulaturum , neque quemquam attinebat id recusare quod praetor non fieri , sed ex edicto suo fieri iubebat .	I have proved what I first promised to prove, O Caius Aquillius, that there was absolutely no cause why he should make this demand; that neither was any money owed, and that if it were owed ever so much, nothing had been done to excuse recourse being had to such measures as these. Remark now, that the goods of Publius Quinctius could not possibly have been taken possession of in accordance with the praetor's edict. Recite the edict. “He who for the sake of fraud has lain hid.” That is not Quinctius, unless they be hid who depart on their own business, leaving an agent behind them. “The man who has no heir.” Even that is not he. “The man who leaves the country in exile.” At what time, O Naevius, do you think Quinctius ought to have been defended in his absence, or how? Then, when you were demanding leave to take possession of his goods? No one was present, for no one could guess that you were going to make such a demand; nor did it concern any one to object to that which the praetor ordered not to be done absolutely, but to be done according to his edict.
68	qui locus igitur absentis defendendi procuratori primus datus est ? Cum proscribebas . ergo adfuit , non passus est , libellos deiecit Sex . Alfenus ; qui primus erat offici gradus , servatus est a procuratore summa cum diligentia . videamus quae deinde sint consecuta . hominem P . Quincti deprehendis in publico , conaris abducere ; non patitur Alfenus , vi tibi adimit , curat ut domum reducatur ad Quinctium . hic quoque summe constat procuratoris diligentis officium . debere tibi dicis Quinctium , procurator negat ; vadari vis , promittit ; in ius vocas , sequitur ; iudicium postulas , non recusat . quid aliud sit absentem defendi ego non intellego . at quis erat procurator ?	What was the first opportunity, then, which was given to the agent of defending this absent man? When you were putting up the placards. Then Sextus Alphenus was present: he did not permit it; he tore down the notices. That which was the first step of duty was observed by the agent with the greatest diligence. Let us see what followed on this. You arrest the servant of Publius Quinctius in public: you attempt to take him away. Alphenus does not permit it; he takes him from you by force; he takes care that he is led home to Quinctius. Here too is seen in a high degree the attention of an illustrious agent. You say that Quinctius is in your debt; his agent denies it. You wish security to he given; he promises it. You call him into court; he follows you. You demand a trial; he does not object. What other could be the conduct of one defending a man in his absence I do not understand.
69	credo aliquem electum hominem egentem , litigiosum , improbum , qui posset scurrae divitis cotidianum convicium sustinere . nihil minus ; eques Romanus locuples , sui negoti bene gerens , denique is quem , quotiens Naevius in Galliam profectus est , procuratorem Romae reliquit .	But who was the agent? I suppose it was some insignificant man, poor, litigious, worthless, who might be able to endure the daily abuse of a wealthy buffoon. Nothing of the sort: he was a wealthy Roman knight; a man managing his own affairs well: he was, in short, the man whom Naevius himself as often as he went into Gaul, left as his agent at Rome.
70	et audes , Sex . Naevi , negare absentem defensum esse Quinctium , cum eum defenderit idem qui te solebat ? et , cum is iudicium acceperit pro Quinctio cui tu et rem et famam tuam commendare proficiscens et concredere solebas , conaris hoc dicere , neminem exstitisse qui Quinctium iudicio defenderet ?	And do you dare, O Sextus Naevius, to deny that Quinctius was defended in his absence, when the same man defended him who used to defend you? and when he accepted the trial on behalf of Quinctius, to whom when departing you used to recommend and entrust your own property and character? Do you attempt to say that there was no one who defended Quinctius at the trial?
71	postulabam , inquit , ut satis daret . iniuria postulabas . ita iubebare ; recusabat Alfenus . ita , verum praetor decernebat .— tribuni igitur appellabantur .— hic te , inquit , teneo ; non est istud iudicio pati neque iudicio defendere , cum auxilium a tribunis petas . hoc ego , cum attendo qua prudentia sit Hortensius , dicturum esse eum non arbitror . Cum autem antea dixisse audio et causam ipsam considero , quid aliud dicere possit non reperio . fatetur enim libellos Alfenum deiecisse , vadimonium promisisse , iudicium quin acciperet in ea ipsa verba quae Naevius edebat non recusasse , ita tamen , more et instituto , per eum magistratum qui auxili causa constitutus est .	“I demanded,” says he, “that security should be given.” You demanded it unjustly. “The order was made.” Alphenus objected. “He did, but the praetor made the decree.” Therefore the tribunes were appealed to. “Here,” said he, “I have you: that is not allowing a trial, nor defending a man at a trial, when you ask assistance from the tribunes.” When I consider how prudent Hortensius is, I do not think that he will say this; but when I hear that he has said so before, and when I consider the cause itself I do not see what else he can say; for he admits that Alphenus tore down the bills, undertook to give security, did not object to go to trial in the very terms which Naevius proposed; but on this condition, that according to custom and prescription, it should be before that magistrate who was appointed in order to give assistance.
72	aut haec facta non sint necesse est aut C . Aquilius , talis vir , iuratus hoc ius in civitate constituat : cuius procurator non omnia iudicia acceperit quae quisque in verba postularit , cuius procurator a praetore tribunos appellare ausus sit , eum non defendi , eius bona recte possideri posse , ei misero , absenti , ignaro fortunarum suarum omnia vitae ornamenta per summum dedecus et ignominiam deripi convenire .	You must either say that these things are not so; or that Caius Aquillius, being such a man as he is, on his oath, is to establish this law in the state: that he whose agent does not object to every trial which any one demands against him, whose agent dares to appeal from the praetor to the tribunes, is not defended at all, and may rightly have his goods taken possession of; may properly, while miserable, absent, and ignorant of it, have all the embellishments of his fortunes, all the ornaments of his life, taken from him with the greatest disgrace and ignominy. And this seems reasonable to no one.