For P. Quinctius |
Translator: C. D. Yonge
|
|
| 73 |
quod si probari nemini potest , illud certe probari omnibus necesse est , defensum esse iudicio absentem Quinctium . quod cum ita sit , ex edicto bona possessa non sunt . at enim tribuni plebis ne audierunt quidem . fateor , si ita est , procuratorem decreto praetoris oportuisse parere . quid ? si M . Brutus intercessurum se dixit palam , nisi quid inter ipsum Alfenum et Naevium conveniret , videturne intercessisse appellatio tribunorum non morae , sed auxili causa ?
|
This certainly must be proved to the satisfaction of every one, that Quinctius while absent was defended at the trial. And as that is the ease, his goods were not taken possession of in accordance with the edict. But then, the tribunes of the people did not even hear his cause. I admit, if that be the case, that the agent ought to have obeyed the decree of the praetor. What; if Marcus Brutus openly said that he would intercede unless some agreement was come to between Alphenus himself and Naevius; does not the appeal to the tribunes seem to have been interposed not for the sake of delay but of assistance? |
| 74 |
quid deinde fit ? Alfenus , ut omnes intellegere possent iudicio defendi Quinctium , ne qua subesse posset aliena aut ipsius officio aut huius existimatione suspicio , viros bonos compluris advocat , testatur isto audiente se pro communi necessitudine id primum petere ne quid atrocius in P . Quinctium absentem sine causa facere conetur ; sin autem inimicissime atque infestissime contendere perseveret , se paratum esse omni recta atque honesta ratione defendere quod petat non deberi ; se iudicium id quod edat accipere .
|
What is done next? Alphenus, in order that all men might see that Quinctius was defended at the trial, that no suspicion might exist unfavourable either to his own duty, or to his principal's character, summons many excellent men, And, in the hearing of that fellow, calls them to witness that he begs this of him, in the first place, out of regard to their common intimacy, that he would not attempt to take any severe steps against Quinctius in his absence without cause; but if lie persevered in carrying on the contest in a most spiteful and hostile manner, that he is prepared by every upright and honourable method to defend him, and to prove that what he demanded was not owed, and that he accepted the trial which Naevius proposed. |
| 75 |
eius rei condicionisque tabellas obsignaverunt viri boni complures . res in dubium venire non potest . fit rebus omnibus integris neque proscriptis neque possessis bonis ut Alfenus promittat Naevio sisti Quinctium . venit ad vadimonium Quinctius . iacet res in controversiis isto calumniante biennium , usque dum inveniretur qua ratione res ab usitata consuetudine recederet et in hoc singulare iudicium causa omnis concluderetur .
|
Many excellent men signed the document setting forth this fact and these conditions. While all matters are still unaltered, while the goods are neither advertised nor taken possession of, Alphenus promises Naevius that Quinctius should appear to his recognizances. Quinctius does appear to his recognizances. The matter lies in dispute while that fellow is spreading his calumnies for two years, until he could find out by what means the affair might be diverted out of the common course of proceeding, and the whole cause he confined to this single point to which it is now limited. |
| 76 |
quod officium , C . Aquili , commemorari procuratoris potest quod ab Alfeno praeteritum esse videatur ? quid adfertur qua re P . Quinctius negetur absens esse defensus ? an vero id quod Hortensium , quia nuper iniecit et quia Naevius semper id clamitat , dicturum arbitror , non fuisse Naevio parem certationem cum Alfeno illo tempore , illis dominantibus ? quod si velim confiteri , illud , opinor , concedent , non procuratorem P . Quincti neminem fuisse , sed gratiosum fuisse . mihi autem ad vincendum satis est fuisse procuratorem quicum experiretur ; qualis is fuerit , si modo absentem defendebat per ius et per magistratum , nihil ad rem arbitror pertinere .
|
What duty of an agent can possibly be mentioned, O Caius Aquillius, which seems to have been overlooked by Alphenus? What reason is alleged why it should be denied that Publius Quinctius was defended in his absence? Is it that which I suppose Hortensius will allege, because he has lately mentioned it, and because Naevius is always harping on it, that Naevius was not contending on equal terms with Alphenus, at such a time, and with such magistrates? And if I were willing to admit that, they will, I suppose, grant this, that it is not the case that no one was the agent of Publius Quinctius, but that he had one who was popular. But it is quite sufficient for me to prove that there was an agent, with whom he could have tried the matter. What sort of man he was, as long as he defended the man in his absence, according to law and before the proper magistrate, I think has nothing to do with the matter. |
| 77 |
erat , inquit , illarum partium . quid ni ? qui apud te esset eductus ; quem tu a puero sic instituisses ut nobili ne gladiatori quidem faveret . si , quod tu semper summe cupisti , idem volebat Alfenus , ea re tibi cum eo par contentio non erat ? Bruti , inquit , erat familiaris ; itaque is intercedebat . tu contra Burrieni qui iniuriam decernebat , omnium denique illorum qui tum et poterant per vim et scelus plurimum et , quod poterant , id audebant . an omnis tu istos vincere volebas qui nunc tu ut vincas tanto opere laborant ? aude id dicere non palam , sed ipsis quos advocasti .
|
“For he was,” says he, “a man of the opposite party.” No doubt; a man who had been brought up in your house, whom you from a youth had so trained up as not to favour any one of eminence, not even a gladiator. If Alphenus had the same wish as you always especially entertained, was not the contest between you on equal terms in that matter? “Oh,” says he, “he was an intimate friend of Brutus, and therefore he interposed.” You on the other hand were an intimate friend of Burrienus, who gave an unjust decision; and, in short, of all those men who at that time were both very powerful with violence and wickedness, and who dared do all that they could. Did you wish to overcome those men, who now are labouring with such zeal that you may be victorious? Dare to say that, not openly, but to these very men whom you have brought with you. |
| 78 |
tametsi nolo eam rem commemorando renovare cuius omnino rei memoriam omnem tolli funditus ac deleri arbitror oportere ;
|
Although I am unwilling to bring that matter up again by mentioning it, every recollection of which I think ought to be entirely effaced and destroyed. |
| 79 |
unum illud dico : si propter partium studium potens erat Alfenus , potentissimus Naevius ; si fretus gratia postulabat aliquid iniquius Alfenus , multo iniquiora Naevius impetrabat . neque enim inter studium vestrum quicquam , ut opinor , interfuit ; ingenio , vetustate , artificio tu facile vicisti . Vt alia omittam , hoc satis est : Alfenus cum eis et propter eos periit quos diligebat , tu , postquam qui tibi erant amici non poterant vincere , ut amici tibi essent qui vincebant effecisti .
|
This one thing I say, if Alphenus was an influential man because of his party zeal, Naevius was most influential; if Alphenus, relying on his personal interest, made any rather unjust demand; Naevius demanded, and obtained too, things much more unjust. Nor was there, as I think, any difference between your zeal. In ability, in experience, in cunning, you easily surpassed him. To say nothing of other things, this is sufficient: Alphenus was ruined with those men, and for the sake of those men to whom he was attached; you, after those men who were your friends could not get the better, took care that those who did get the better should be your friends. |
| 80 |
quod si tum par tibi ius cum Alfeno fuisse non putas , quia tamen aliquem contra te advocare poterat , quia magistratus aliqui reperiebatur apud quem Alfeni causa consisteret , quid hoc tempore Quinctio statuendum est ? cui neque magistratus adhuc aequus inventus est neque iudicium redditum est usitatum , non condicio , non sponsio , non denique ulla umquam intercessit postulatio , mitto aequa , verum ante hoc tempus ne fando quidem audita . de re pecuniaria cupio contendere .— non licet .— at ea controversia est .— nihil ad me attinet ; causam capitis dicas oportet .— accusa ubi ita necesse est .— non , inquit , nisi tu ante novo modo priore loco dixeris .— dicendum necessario est .— praestituentur horae ad arbitrium nostrum , iudex ipse coercebitur .—
|
But if you think you had not then the same justice as Alphenus, because it was in his power to appeal to some one against you; because a magistrate was found before whom the cause of Alphenus could be fairly heard; what is Quinctius to determine on at this time I—a man who has not as yet found any just magistrate, nor been able to procure the customary trial; in whose case no condition, no security, no petition has been interposed,—I do not say a just one, but none at all that had ever been heard of before that time. I wish to try an action about money. You cannot. But that is the point in dispute. It does not concern me; you must plead to a capital charges. Accuse me then, if it must be so. No says be, not unless you, in an unprecedented manner, first make your defence. You must plead; the time must be fixed at our pleasure; the judge himself shall be removed. |
| 81 |
quid tum ?— tu aliquem patronum invenies , hominem antiqui offici , qui splendorem nostrum et gratiam neglegat ; pro me pugnabit L . Philippus , eloquentia , gravitate , honore florentissimus civitatis , dicet Hortensius , excellens ingenio , nobilitate , existimatione , aderunt autem homines nobilissimi ac potentissimi , ut eorum frequentiam et consessum non modo P . Quinctius qui de capite decernit , sed quivis qui extra periculum sit perhorrescat .
|
What then? Shall you be able to find any advocate, a man of such ancient principles of duty as to despise our splendour and influence? Lucius Philippus will be my advocate; in eloquence, in dignity, and in honour, the most flourishing man in the states. Hortensius will speak for me; a man eminent for his genius, and nobility, and reputation; and other most noble and powerful men will accompany me into court, the number and appearance of whom may alarm not only Publius Quinctius, who is defending himself on a capital charge, but even any one who is out of danger. |
| 82 |
haec est iniqua certatio , non illa qua tu contra Alfenum equitabas ; huic ne ubi consisteret quidem contra te locum reliquisti . qua re aut doceas oportet Alfenum negasse se procuratorem esse , non deiecisse libellos , iudicium accipere noluisse , aut , cum haec ita facta sint , ex edicto te bona P . Quincti non possedisse concedas .
|
This really is what an unequal contest is; not that one in which you were skirmishing against Alphenus. You did not leave him any place where he could make a stand against you. You must therefore either prove that Alphenus denied he was his agent, did not tear down the bills, and refused to go to trial; or, if all this was done, you must admit that you did not take possession of the goods of Publius Quinctius in accordance with the edict. |
| 83 |
etenim si ex edicto possedisti , quaero cur bona non venierint , cur ceteri sponsores et creditores non convenerint ; nemone fuit cui deberet Quinctius ? fuerunt , et complures fuerunt , propterea quod C . frater aliquantum aeris alieni reliquerat . quid ergo est ? homines erant ab hoc omnes alienissimi , et eis debebatur , neque tamen quisquam inventus est tam insignite improbus qui violare P . Quincti existimationem absentis auderet ;
|
If, indeed, you did take possession of the things according to the edict, I ask you why they were not sold—why the others who were his securities and creditors did not meet together? Was there no one to whom Quinctius owed money? There were some, there were many such; because Caius, his brother, had left some amount of debt behind him. What then was the reason? They were all men entirely strangers to him, and he owed them money, and yet not one was found so notoriously infamous as to dare to attack the character of Publius Quinctius in his absences. |
| 84 |
unus fuit , adfinis , socius , necessarius , Sex . Naevius , qui , cum ipse ultro deberet , quasi eximio praemio sceleris exposito cupidissime contenderet ut per se adflictum atque eversum propinquum suum non modo honeste partis bonis verum etiam communi luce privaret . Vbi erant ceteri creditores ? denique hoc tempore ubi sunt ? quis est qui fraudationis causa latuisse dicat , quis qui absentem defensum neget esse Quinctium ? nemo invenitur .
|
There was one man, his relation, his partner, his intimate friend, Sextus Naevius, who, though he himself was in reality in debt to him, as if some extraordinary prize of wickedness was proposed to him, strove with the greatest eagerness to deprive his own relation, oppressed and ruined by his means, not only of property which he had honestly acquired, but even of that light which is common to all men. Where were the rest of the creditors? Even now at this very time where are they? Who is there who says he kept out of the way for the sake of fraud? Who is there who denies that Quinctius was defended in his absence? |
| 85 |
at contra omnes , quibuscum ratio huic aut est aut fuit , adsunt , defendunt , fides huius multis locis cognita ne perfidia sex . Naevi derogetur laborant . in huius modi sponsionem testis dare oportebat ex eo numero qui haec dicerent : vadimonium mihi deseruit , me fraudavit , a me nominis eius quod infitiatus esset diem petivit ; ego experiri non potui , latitavit , procuratorem nullum reliquit . Horum nihil dicitur . parantur testes qui hoc dicant . verum , opinor , viderimus , cum dixerint . Vnum tamen hoc cogitent , ita se gravis esse ut , si veritatem volent retinere , gravitatem possint obtinere ; si eam neglexerint , ita levis esse ut omnes intellegant non ad obtinendum mendacium , sed ad verum probandum auctoritatem adiuvare .
|
Not one is found But, on the other hand, all men who either have or have had any transactions with him are present on his behalf and are defending him; they are labouring that his good faith, known in many places, may not now be disparaged by the perfidy of Sextus Naevius. In a trial of this nature Naevius ought to have brought some witnesses out of that body, who could say; “He forfeited his recognizances in my case; he cheated me, he begged a day of me for the payment of a debt which he had denied; could not get him to trial; he kept out of the way; he left no agent:” none of all these things is said. Witnesses are being got ready to say it But we shall examine into that, I suppose, when they have said it: but let them consider this one thing, that they are of weight only so far, that they can preserve that weight, if they also preserve the truth; if they neglect that, they are so insignificant that all men may see that influence is of avail not to support a lie, but only to prove the truth. |
| 86 |
ego haec duo quaero , primum qua ratione Naevius susceptum negotium non transegerit , hoc est cur bona quae ex edicto possidebat non vendiderit , deinde cur ex tot creditoribus alius ad istam rationem nemo accesserit , ut necessario confiteare neque tam temerarium quemquam fuisse , neque te ipsum id quod turpissime suscepisses perseverare et transigere potuisse . quid si tu ipse , Sex . Naevi , statuisti bona P . Quincti ex edicto possessa non esse ? opinor , tuum testimonium , quod in aliena re leve esset , id in tua , quoniam contra te est , gravissimum debet esse . emisti bona Sex . Alfeni L . Sulla dictatore vendente ; socium tibi in his bonis edidisti Quinctium . plura non dico . Cum eo tu voluntariam societatem coibas qui te in hereditaria societate fraudarat , et eum iudicio tuo comprobabas quem spoliatum fama fortunisque omnibus arbitrabare ?
|
I ask these two questions. First of all, on what account Naevius did not complete the business he had undertaken; that is, why he did not sell the goods which he had taken possession of in accordance with the edict: Secondly, why out of so many other creditors no one reinforced his demand; so that you must of necessity confess that neither was any one of them so rash, and that you yourself were unable to persevere in and accomplish that which you had most infamously begun. What if you yourself, O Sextus Naevius, decided that the goods of Publius Quinctius had not been taken possession of according to the edict? I conceive that your evidence, which in a matter which did not concern yourself would be very worthless, ought to be of the greatest weight in an affair of your own when it makes against you. You bought the goods of Sextus Alphenus when Lucius Sulla, the dictator, sold them. You entered Quinctius in your books as the partner in the purchase of these goods. I say no more. Did you enter into a voluntary partnership with that man who had cheated in a partnership to which he had succeeded by inheritance; |
| 87 |
diffidebam me hercule , C . Aquili , satis animo certo et confirmato me posse in hac causa consistere . sic cogitabam , cum contra dicturus esset Hortensius et cum me esset attente auditurus Philippus , fore uti permultis in rebus timore prolaberer . dicebam huic Q . Roscio , cuius soror est cum P . Quinctio , cum a me peteret et summe contenderet ut propinquum suum defenderem , mihi perdifficile esse contra talis oratores non modo tantam causam perorare sed omnino verbum facere conari . Cum cupidius instaret , homini pro amicitia familiarius dixi mihi videri ore durissimo esse qui praesente eo gestum agere conarentur ; qui vero cum ipso contenderent , eos , etiam si quid antea recti aut venusti habere visi essent , id amittere ; ne quid mihi eiusdem modi accideret , cum contra talem artificem dicturus essem , me vereri .
|
and did you by your own sentence approve of the man who you thought was stripped of his character and of all his fortunes? I had fears indeed, O Caius Aquillius, that I could not stand my ground in this cause with a mind sufficiently fortified and resolute. I thought thus, that, as Hortensius was going to speak against me, and as Philip was going to listen to me carefully, I should through fear stumble in many particulars. I said to Quintus Roscius here, whose sister is the wife of Publius Quinctius, when he asked of me, and, with the greatest earnestness, entreated me to defend his relation, that it was very difficult for me, not only to sum up a cause against such orators, but even to attempt to speak at all. When he pressed it more eagerly, I said to the man very familiarly, as our friendship justified, that a man appeared to me to have a very brazen face, who, while he was present, could attempt to use action in speaking, but those who contended with him himself, even though before that they seemed to have any skill or elegance, lost it, and that I was afraid lest something of the same sort would happen to me when I was going to speak against so great an artist. |
| 88 |
tum mihi Roscius et alia multa confirmandi mei causa dixit , ut me hercule , si nihil diceret , tacito ipso officio et studio , quod habebat erga propinquum suum , quemvis commoveret —etenim cum artifex eius modi sit ut solus videatur dignus esse qui in scaena spectetur , tum vir eius modi est ut solus dignus esse videatur qui eo non accedat — verum tamen : quid ? si , inquit , habes eius modi causam ut hoc tibi planum sit faciendum , neminem esse qui possit biduo aut summum triduo dcc milia passuum ambulare , tamenne vereris ut possis hoc contra Hortensium contendere ?
|
Then Roscius said many other things with a view to encourage me, and in truth, if he were to say nothing he would still move any one by the very silent affection and zeal which he felt for his relation. In truth, as he is an artist of that sort that he alone seems worthy of being looked at when he is on the stage, so he is also a man of such a sort that he alone seems to deserve never to go thither. “But what,” says he, “if you have such a cause as this, that you have only to make this plain, that there is no one in two or three days at most can walk seven hundred miles? Will you still fear that you will not be able to argue this point against Hortensius?” |
| 89 |
minime , inquam , sed quid id ad rem ? nimirum , inquit , in eo causa consistit . quo modo ? docet me eius modi rem et factum simul Sex . Naevi quod , si simul proferretur , satis esse deberet . quod abs te , C . Aquili , et a vobis qui adestis in consilio , quaeso ut diligenter attendatis ; profecto intellegetis illinc ab initio cupiditatem pugnasse et audaciam , hinc veritatem et pudorem quoad potuerit restitisse . bona postulas ut ex edicto possidere liceat . quo die ? te ipsum , Naevi , volo audire ; volo inauditum facinus ipsius qui id commisit voce convinci . dic , Naevi , diem . ante diem v Kalend. intercalaris . bene ais . quam longe est hinc in saltum vestrum Gallicanum ? Naevi , te rogo . dcc milia passuum . optime . de saltu deicitur Quinctius —quo die ? possumus hoc quoque ex te audire ? quid taces ? dic , inquam , diem . pudet dicere ; intellego ; verum et sero et nequiquam pudet . deicitur de saltu , C . Aquili , pridie Kalend. intercalaris ; biduo post aut , ut statim de iure aliquis cucurrerit , non toto triduo dcc milia passuum conficiuntur .
|
“No,” said I. “But what is that to the purpose?” “In truth,” said he, “that is what the cause turns upon.” “How so?” He then explains to me an affair of that sort, and at the same time an action of Sextus Naevius, which, if that alone were alleged, ought to be sufficient. And I beg of you, O Caius Aquillius, and of you the assessors, that you will attend to it carefully. You will see, in truth, that on the one side there were engaged from the very beginning covetousness and audacity, that on the other side truth and modesty resisted as long as they could. You demand to be allowed to take possession of his goods according to the edict. On what day I wish to hear you yourself, O Naevius. I want this unheard-of action to be proved by the voice of the very man who has committed it. Mention the day, Naevius. The twentieth of February. Right, how far is it from hence to your estate in Gaul? I ask you, Naevius. Seven hundred miles. Very well: Quinctius is driven off the estate. On what day? May we hear this also from you? Why are you silent? Tell me the day, I say.—He is ashamed to speak it. I understand; but he is ashamed too late, and to no purpose. He is driven off the estate on the twenty-third of February, O Caius Aquillius. Two days afterwards, or, even if any one had set off and run the moment he left the court, in under three days, he accomplishes seven hundred miles. |
| 90 |
O rem incredibilem ! o cupiditatem inconsideratam ! o nuntium volucrem ! administri et satellites Sex . Naevi Roma trans Alpis in Sebagninos biduo veniunt . O hominem fortunatum qui eius modi nuntios seu potius Pegasos habeat !
|
O incredible thing! O inconsiderate covetousness! O winged messenger! The agents and satellites of Sextus Naevius come from Rome, across the Alps, among the Segusiani in two days. O happy man who has such messengers, or rather Pegasi. |
| 91 |
hic ego , si Crassi omnes cum Antoniis exsistant , si tu , L . Philippe , qui inter illos florebas , hanc causam voles cum Hortensio dicere , tamen superior sim necesse est ; non enim , quem ad modum putatis , omnia sunt in eloquentia ; est quaedam tamen ita perspicua veritas ut eam infirmare nulla res possit .
|
Here I, even if all the Crassi were to stand forth with all the Antonies, if you, O Lucius Philippus, who flourished among those men, choose to plead this cause, with Hortensius for your colleague, yet I must get the best of it. For everything does not depend, as you two think it does, on eloquence. There is still some truth so manifest that nothing can weaken it. |
| 92 |
an , ante quam postulasti ut bona possideres , misisti qui curaret ut dominus de suo fundo a sua familia vi deiceretur ? Vtrumlibet elige ; alterum incredibile est , alterum nefarium , et ante hoc tempus utrumque inauditum . dcc milia passuum vis esse decursa biduo ? dic . negas ? ante igitur misisti . malo ; si enim illud diceres , improbe mentiri viderere ; cum hoc confiteris , id te admisisse concedis quod ne mendacio quidem tegere possis . hoc consilium Aquilio et talibus viris tam cupidum , tam audax , tam temerarium probabitur ?
|
Did you, before you made the demand to be allowed to take possession of his goods, send any one to take care that the master should be driven by force off the estate by his own slaves? Choose whichever you like; the one is incredible; the other abominable; and both are unheard-of before this time. Do you mean that any one ran over seven hundred miles in two days? Tell me. Do you deny it? Then you sent some one beforehand. I had rather you did. For if you were to say that, you would be seen to tell an impudent lie: when you confess this, you admit that you did a thing which you cannot conceal even by a lies. Will such a design, so covetous, so audacious, so precipitate, be approved of by Aquillius and by such men as he is? |
| 93 |
quid haec amentia , quid haec festinatio , quid haec immaturitas tanta significat ? non vim , non scelus , non latrocinium , non denique omnia potius quam ius , quam officium , quam pudorem ? Mittis iniussu praetoris . quo consilio ? iussurum sciebas . quid ? cum iussisset , tum mittere nonne poteras ? postulaturus eras . quando ? post dies xxx . nempe si te nihil impediret , si voluntas eadem maneret , si valeres , denique si viveres . praetor scilicet iussisset . opinor , si vellet , si valeret , si ius diceret , si nemo recusaret , qui ex ipsius decreto et satis daret et iudicium accipere vellet .
|
What does this madness, what does this baste, what does this precipitation intimate? Does it not prove violence? does it not prove wickedness? does it not prove robbery? does it not, in short, prove everything rather than right, than duty, or than modesty? You send some one without the command of the praetor. With what intention? You knew he would order it. What then? When he had ordered it, could you not have sent then? You were about to ask him. When? Thirty days after. Yes, if nothing hindered you; if the same intention existed; if you were well; in short, if you were alive. The praetor would have made the order, I suppose, if he chose, if he was well, if he was in court, if no one objected, by giving security according to his decree, and by being willing to stand a trial. |
| 94 |
nam , per deos immortalis ! si Alfenus procurator P . Quincti tibi tum satis daret et iudicium accipere vellet , denique omnia quae postulares facere voluisset , quid ageres ? revocares eum quem in Galliam miseras ? at hic quidem iam de fundo expulsus , iam a suis dis penatibus praeceps eiectus , iam , quod indignissimum est , suorum servorum manibus nuntio atque imperio tuo violatus esset . corrigeres haec scilicet tu postea . de cuiusquam vita dicere audes qui hoc concedas necesse est , ita te caecum cupiditate et avaritia fuisse ut , cum postea quid futurum esset ignorares , accidere autem multa possent , spem malefici praesentis in incerto reliqui temporis eventu conlocares ? atque haec perinde loquor , quasi ipso illo tempore , cum te praetor iussisset ex edicto possidere , si in possessionem misisses , debueris aut potueris P . Quinctium de possessione deturbare .
|
For, by the immortal gods, if Alphenus, the agent of Publius Quinctius, were then willing to give security and to stand a trial, and in short to do everything which you chose, what would you do? Would you recall him whom you had sent into Gaul? But this man would have been already expelled from his farm, already driven headlong from his home, already (the most unworthy thing of all) assaulted by the hands of his own slaves, in obedience to your messenger and command. You would, forsooth, make amends for these things afterwards. Do you dare to speak of the life of any man, you who must admit this,—that you were so blinded by covetousness and avarice, that, though you did not know what would happen afterwards, but many things might happen, you placed your hope from a present crime in the uncertain event of the future? And I say this, just as if, at that very time when the praetor had ordered you to take possession according to his edict, you had sent any one to take possession, you either ought to, or could have ejected Publius Quinctius from possession. |
| 95 |
omnia sunt , C . Aquili , eius modi quivis ut perspicere possit in hac causa improbitatem et gratiam cum inopia et veritate contendere . praetor te quem ad modum possidere iussit ? opinor , ex edicto . sponsio quae in verba facta est ? si ex edicto praetoris bona P . Quincti possessa non sunt . Redeamus ad edictum . id quidem quem ad modum iubet possidere ? numquid est causae , C . Aquili , quin , si longe aliter possedit quam praetor edixit , iste ex edicto non possederit , ego sponsione vicerim ? nihil , opinor . cognoscamus edictum . qui ex edicto meo in possessionem venerint . de te loquitur , Naevi , quem ad modum tu putas ; ais enim te ex edicto venisse ; tibi quid facias definit , te instituit , tibi praecepta dat . eos ita videtur in possessione esse oportere . quo modo ? quod ibidem recte custodire poterunt , id ibidem custodiant ; quod non poterunt , id auferre et abducere licebit . quid tum ? dominum , inquit , invitum detrudere non placet . Eum ipsum qui fraudandi causa latitet , eum ipsum quem iudicio nemo defenderit , eum ipsum qui cum omnibus creditoribus suis male agat , invitum de praedio detrudi vetat .
|
Everything, O Caius Aquillius, is of such a nature that any one may be able to perceive that in this cause dishonesty and interest are contending with poverty and truth. How did the praetor order you to take possession? I suppose, in accordance with his edict. In what words was the recognizance drawn up? “If the goods of Publius Quinctius have been taken possession of in accordance with the praetor's edict.” Let us return to the edict. How does that enjoin you to take possession? Is there any pretence, O Caius Aquillius, if he took possession in quite a different way from that which the praetor enjoined, for denying that then he did not take possession according to the edict, but that I have beaten him in the trial? None, I imagine. Let us refer to the edict.—“They who in accordance with my edict have come into possession.” He is speaking of you, Naevius, as you think; for you say that you came into possession according to the edict. He defines for you what you are to do; he instructs you; he gives you precepts. “It seems that those ought to be in possession.” How? “That which they can rightly secure in the place where they now are, let them secure there; that which they cannot, they may carry or lead away.” What then? “It is not right,” says he, “to drive away the owner against his will.” The very man who with the object of cheating is keeping out of the way, the very man who deals dishonestly with all his creditors, he forbids to be driven off his farm against his will. |
| 96 |
proficiscenti tibi in possessionem praetor ipse , Sex . Naevi , palam dicit : ita possideto ut tecum simul possideat Quinctius , ita possideto ut Quinctio vis ne adferatur . quid ? tu id quem ad modum observas ? Mitto illud dicere , eum qui non latitaret , cui Romae domus , uxor , liberi , procurator esset , eum qui tibi vadimonium non deseruisset ; haec omnia mitto ; illud dico , dominum expulsum esse de praedio , domino a familia sua manus adlatas esse ante suos Lares familiaris ; hoc dico si qui unum aliquem fundum quavis ratione possideat , ipsum autem dominum patiatur cetera praedia tenere , is , ut opinor , praedium non bona videatur alterius possidere quid est possidere ? nimirum in possessione esse earum rerum quae possunt eo tempore possideri Cum domus erat Romae , servi , in ipsa Gallia privata P . Quincti praedia , quae numquam ausus es possidere ; quod si bona P . Quincti possideres , possidere omnia eo iure deberes .
|
As you are on your way to take possession, O Sextus Naevius, the praetor himself openly says to you—“Take possession in such manner that Naevius may have possession at the same time with you; take possession in such a manner that no violence may be offered to Quinctius.” What? how do you observe that? I say nothing of his not having been a man who was keeping out of the way, of his being a man who had a house, a wife, children, and an agent at Rome; I say nothing of all this: I say this, that the owner was expelled from his farm; that hands were laid on their master by his own slaves, before his own household gods; I say |