For P. Quinctius (M. Tullius Cicero)

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	For P. Quinctius Author: M. Tullius Cicero	Translator: C. D. Yonge
97	Naevium ne appellasse quidem Quinctium , cum simul esset et experiri posset cotidie ; deinde quod omnia iudicia difficillima cum summa sua invidia maximoque periculo P . Quincti fieri mallet quam illud pecuniarium iudicium quod uno die transigi posset ; ex quo uno haec omnia nata et profecta esse concedit . quo in loco condicionem tuli , si vellet pecuniam petere , P . Quinctium iudicatum solvi satis daturum , dum ipse , si quid peteret , pari condicione uteretur .	I say too that Naevius never even asked Quinctius for the money, when he was with him, and might have sued him every day; because he preferred that all the most perplexing modes of legal proceedings should take place, to his own great discredit, and to the greatest danger of Publius Quinctius, rather than allow of the simple trial about money matters which could have been got through in one day; from which one trial he admits that all these arose and proceeded. On which occasion I offered a condition, if he was determined to demand the money, that Publius Quinctius should give security to submit to the decision, if he also, if Quinctius had any demands upon him, would submit to the like conditions.
98	ostendi quam multa ante fieri convenerit quam hominis propinqui bona possideri postularentur , praesertim cum Romae domus eius , uxor , liberi essent et procurator aeque utriusque necessarius . docui , cum desertum esse dicat vadimonium , omnino vadimonium nullum fuisse ; quo die hunc sibi promisisse dicat , eo die ne Romae quidem eum fuisse ; id testibus me pollicitus sum planum facturum qui et scire deberent et causam cur mentirentur non haberent . ex edicto autem non potuisse bona possideri demonstravi , quod neque fraudandi causa latitasset neque exsili causa solum vertisse diceretur .	I showed how many things ought to be done before a demand was made that the goods of a relation should be taken possession of; especially when he had at Rome his house, his wife, his children, and an agent who was equally an intimate friend of both. I proved that when he said the recognizances were forfeited, there were actually no recognizances at all; that on the day on which he says he gave him the promise, he was not even at Rome. I promised that I would make that plain by witnesses, who both must know the truth, and who had no reason for speaking falsely. I proved also that it was not possible that the goods should have been taken possession of according to the edict; because he was neither said to have kept out of the way for the purpose of fraud, nor to have left the country in banishment.
99	reliquum est ut eum nemo iudicio defenderit . quod contra copiosissime defensum esse contendi non ab homine alieno neque ab aliquo calumniatore atque improbo , sed ab equite Romano , propinquo ac necessario suo , quem ipse Sex . Naevius procuratorem relinquere antea consuesset ; neque eum , si tribunos appellarit , idcirco minus iudicio pati paratum fuisse , neque potentia procuratoris Naevio ius ereptum ; contra istum potentia sua tum tantum modo superiorem fuisse , nunc nobis vix respirandi potestatem dare .	The charge remains, that no one defended him at the trial. In opposition to which I argued that he was most abundantly defended, and that not by a man unconnected with him, nor by any slanderous or worthless person, but by a Roman knight, his own relation and intimate friend, whom Sextus Naevius himself had been accustomed previously to leave as his own agent. And that even if he did appeal to the tribunes, he was not on that account the less prepared to submit to a trial; and that Naevius had not had his rights wrested from him by the powerful interest of the agent; that on the other hand he was so much superior to us in interest that he now scarcely gives us the liberty of breathing.
100	quaesivi quae causa fuisset cur bona non venissent , cum ex edicto possiderentur . deinde illud quoque requisivi qua ratione ex tot creditoribus nemo neque tum idem fecerit neque nunc contra dicat , omnesque pro P . Quinctio pugnent , praesertim cum in tali iudicio testimonia creditorum existimentur ad rem maxime pertinere . postea sum usus adversarii testimonio , qui sibi eum nuper edidit socium quem , quo modo nunc intendit , ne in vivorum quidem numero tum demonstrat fuisse . tum illam incredibilem celeritatem seu potius audaciam protuli ; confirmavi necesse esse aut biduo dcc milia passuum esse decursa aut Sex . Naevium diebus compluribus ante in possessionem misisse quam postularet uti ei liceret bona possidere .	I asked what the reason was why the goods had not been sold, since they had been taken possession of according to the edict. Secondly, I asked this also, on what account not one of so many creditors either did the same thing then, why not one speaks against him now, but why they are all striving for Publius Quinctius? Especially when in such a trial the testimonies of creditors are thought exceedingly material. After that, I employed the testimony of the adversary, who lately entered as his partner the man who, according to the language of his present claim, he demonstrates was at that time not even in the number of living men. Then I mentioned that incredible rapidity, or rather audacity of his. I showed that it was inevitable, either that seven hundred miles had been run over in two days, or that Sextus Naevius had sent men to take possession many days before he demanded leave so to seize his goods.
101	postea recitavi edictum quod aperte dominum de praedio detrudi vetaret ; in quo constitit Naevium ex edicto non possedisse , cum confiteretur ex praedio vi detrusum esse Quinctium . omnino autem bona possessa non esse constitui , quod bonorum possessio spectetur non in aliqua parte , sed in universis quae teneri et possideri possint . dixi domum Romae fuisse quo iste ne aspirarit quidem , servos compluris , ex quibus iste possederit neminem , ne attigerit quidem ; unum fuisse quem attingere conatus sit ; prohibitum quievisse .	After that I recited the edict, which expressly forbade the owner to be driven off his by which it was plain that Naevius had not taken possession according to the edict, as he confessed that Quinctius had been driven off his farm by force. But I thoroughly proved that the goods had actually not been taken possession of, because such a seizure of goods is looked at not as to part but with respect to everything which can be seized or taken possession of. I said that he had a house at Rome which that fellow never even made an attempt on; that he had many slaves, of which he neither took possession of any, and did not even touch any; that there was one whom he attempted to touch; that he was forbidden to, and that he remained quiet.
102	in ipsa Gallia cognostis in praedia privata Quincti Sex . Naevium non venisse ; denique ex hoc ipso saltu quem per vim expulso socio possedit servos privatos Quincti non omnis eiectos esse . ex quo et ex ceteris dictis , factis cogitatisque Sex . Naevi quivis potest intellegere istum nihil aliud egisse neque nunc agere nisi uti per vim , per iniuriam , per iniquitatem iudici totum agrum , qui communis est , suum facere possit .	You know also that Sextus Naevius never came on to the private farms of Quinctius even in Gaul. Lastly I proved that the private servants of Quinctius were not all driven away from that very estate which he took possession of, having expelled his partner by force. From which, and from all the other sayings, and actions, and thoughts of Sextus Naevius, any one can understand that that fellow did nothing else, and is now doing nothing, but endeavouring by violence, by injustice, and by unfair means at this trial, to make the whole farm his own which belongs to both partners in common.
103	nunc causa perorata res ipsa et periculi magnitudo , C . Aquili , cogere videtur , ut te atque eos qui tibi in consilio sunt obsecret obtesteturque P . Quinctius per senectutem ac solitudinem suam nihil aliud nisi ut vestrae naturae bonitatique obsequamini , ut , cum veritas cum hoc faciat , plus huius inopia possit ad misericordiam quam illius opes ad crudelitatem .	Now that I have summed up the whole cause the affair itself and the magnitude of the danger, O Caius Aquillius, seem to make it necessary for Publius Quinctius to solicit and entreat you and your colleagues, by his old age and his desolate condition, merely to follow the dictates or your own nature and goodness; so that as the truth is on his side, his necessitous state may move you to pity rather than the influence of the other party to cruelty.
104	quo die ad te iudicem venimus , eodem die illorum minas quas ante horrebamus neglegere coepimus . si causa cum causa contenderet , nos nostram perfacile cuivis probaturos statuebamus ; quod vitae ratio cum ratione vitae decerneret , idcirco nobis etiam magis te iudice opus esse arbitrati sumus . ea res nunc enim in discrimine versatur , utrum possitne se contra luxuriem ac licentiam rusticana illa atque inculta parsimonia defendere an deformata atque ornamentis omnibus spoliata nuda cupiditati petulantiaeque addicatur .	From the self same day when we came before you as judges, we began to disregard all the threats of those men which before we were alarmed at. If cause was to contend with cause we are sure that we could easily prove ours to any one but as the course of life of the one was to be contested with the course of life of the other, we thought we had on that account even more need of you as our judge. For this is the very point now in question, whether the rustic and unpolished economy of my client can defend itself against the luxury and licentiousness of the other or whether, homely as it is, and stripped of all ornaments, it is to lie handed over naked to covetousness and wantonness.
105	non comparat se tecum gratia P . Quinctius , Sex . Naevi , non opibus , non facultate contendit ; omnis tuas artis quibus tu magnus es tibi concedit ; fatetur se non belle dicere , non ad voluntatem loqui posse , non ab adflicta amicitia transfugere atque ad florentem aliam devolare , non profusis sumptibus vivere , non ornare magnifice splendideque convivium , non habere domum clausam pudori et sanctimoniae , patentem atque adeo expositam cupiditati et voluptatibus ; contra sibi ait officium , fidem , diligentiam , vitam omnino semper horridam atque aridam cordi fuisse . ista superiora esse ac plurimum posse his moribus sentit . quid ergo est ?	Publius Naevius does not compare himself with you, O Sextus Naevius, he does not vie with you in riches or power. He gives up to you all the arts by which you are great; he confesses that he does not speak elegantly; that he is not able to say pleasant things to people; that he does not abandon a friendship when his friend is in distress, and fly off to another which is in flourishing circumstances; that he does not give magnificent and splendid banquets; that he has not a house closed against modesty and holiness, but open and as it were exposed to cupidity and debauchery; on the other hand he says that duty, good faith, industry and a life which has been always austere and void of pleasure has been his choice; he knows that the opposite course is more fashionable, and that by such habits people have more influence. What then shall be done?
106	non usque eo tamen ut in capite fortunisque hominum honestissimorum dominentur ei qui relicta virorum bonorum disciplina et quaestum et sumptum Galloni sequi maluerunt atque etiam , quod in illo non fuit , cum audacia perfidiaque vixerunt . si licet vivere eum quem Sex . Naevius non volt , si est homini honesto locus in civitate invito Naevio , si fas est respirare P . Quinctium contra nutum dicionemque Naevi , si , quae pudore ornamenta sibi peperit , ea potest contra petulantiam me defendente obtinere , spes est etiam hunc miserum atque infelicem aliquando tandem posse consistere . sin et poterit Naevius id quod libet , et ei libebit id quod non licet , quid agendum est ? qui deus appellandus est ? cuius hominis fides imploranda est ? qui denique questus , qui luctus , qui maeror dignus inveniri in calamitate tanta potest ?	They have not so much more influence, that those who, having abandoned the strict discipline of virtuous men, have chosen rather to follow the gains and extravagance of Gallonius, and have even spent their liven in audacity and perfidy which were no part of his character, should have absolute dominion over the lives and fortunes of honourable men. If he may be allowed to live where Sextus Naevius does not wish to, if there is room in the city for an honest man against the will of Naevius; if Publius Quinctius may be allowed to breathe in opposition to the nod and sovereign power of Naevius; if under your protection, he can preserve in opposition to the insolence of his enemy the ornaments which he has acquired by virtue, there is hope that this unfortunate and wretched man may at last be able to rest in peace. But if Naevius is to have power to do everything he chooses, and if he chooses what is unlawful, what is to be done? What God is to be appealed to? The faith of what man can we invoke? What complaints, what lamentations can be devised adequate to so great a calamity.
107	miserum est exturbari fortunis omnibus , miserius est iniuria ; acerbum est ab aliquo circumveniri , acerbius a propinquo ; calamitosum est bonis everti , calamitosius cum dedecore ; funestum est a forti atque honesto viro iugulari , funestius ab eo cuius vox in praeconio quaestu prostitit ; indignum est a pari vinci aut superiore , indignius ab inferiore atque humiliore ; luctuosum est tradi alteri cum bonis , luctuosius inimico ; horribile est causam capitis dicere , horribilius priore loco dicere .	It is a miserable thing to be despoiled of all one's fortunes; it is more miserable still to be so unjustly. It is a bitter thing to be circumvented by any one, more bitter still to be so by a relation. It is a calamitous thing to be stripped of one's goods, more calamitous still if accompanied by disgrace. It is an intolerable injury to be slain by a brave and honourable man, more intolerable still to be slain by one whose voice has been prostituted to the trade of a crier. It is an unworthy thing to be conquered by one's equal or one's superior, more unworthy still by one's inferior, by one lower than oneself. It is a grievous thing to be handed over with one's goods to another, more grievous still to be handed over to an enemy. It is a horrible thing to have to plead to a capital charge, more horrible still to have to speak in one's own defence before one's accuser speaks.
108	omnia circumspexit Quinctius , omnia periclitatus est , C . Aquili ; non praetorem modo a quo ius impetraret invenire non potuit , atque adeo ne unde arbitratu quidem suo postularet , sed ne amicos quidem Sex . Naevi , quorum saepe et diu ad pedes iacuit stratus obsecrans per deos immortalis , ut aut secum iure contenderent aut iniuriam sine ignominia sibi imponerent .	Quinctius has looked round on all sides, has encountered every danger. He was not only unable to find a praetor from whom he could obtain a trial, much less one from whom he could obtain one on his own terms, but he could not even move the friends of Sextus Naevius, at whose feet he often lay, and that for a long time, entreating them by the immortal Gods either to contest the point with him according to law, or at least, if they must do him injustice, to do it without ignominy.
109	denique ipsius inimici voltum superbissimum subiit , ipsius Sex . Naevi lacrimans manum prehendit in propinquorum bonis proscribendis exercitatam , obsecravit per fratris sui mortui cinerem , per nomen propinquitatis , per ipsius coniugem et liberos , quibus propior P . Quinctio nemo est , ut aliquando misericordiam caperet , aliquam , si non propinquitatis , at aetatis suae , si non hominis , at humanitatis rationem haberet , ut secum aliquid integra sua fama qualibet , dum modo tolerabili , condicione transigeret .	Last of all he approached the haughty countenance of his very enemy; weeping he took the hand of Sextus Naevius, well practised in advertising the goods of his relations. He entreated him by the ashes of his dead brother by the name of their relationship, by his own wife and children to whom no one is a nearer relation than Publius Quinctius, at length to take pity on him, to have some regard, if not for their relationship, at least for his age, if not for a man, at least for humanity, to terminate the matter on any conditions as long as they were only endurable, leaving his character unimpeached.
110	ab ipso repudiatus , ab amicis eius non sublevatus , ab omni magistratu agitatus atque perterritus , quem praeter te appellet habet neminem ; tibi se , tibi suas omnis opes fortunasque commendat , tibi committit existimationem ac spem reliquae vitae . multis vexatus contumeliis , plurimis iactatus iniuriis non turpis ad te sed miser confugit ; e fundo ornatissimo eiectus , ignominiis omnibus appetitus , cum illum in paternis bonis dominari videret , ipse filiae nubili dotem conficere non posset , nihil alienum tamen vita superiore commisit .	Being rejected by him, getting no assistance from his friends being passed and frightened by every magistrate he has no one but you whom he can appeal to you he commends himself to you he commends all his property and fortunes to you he commends his character and his hopes for the remainder of his life. Harassed by much contumely suffered in under many injuries he flies to you not unworthy but unfortunate; driven out of a beautiful farm with his enemies attempting to fix every possible mark of ignominy on him, seeing his adversary the owner of his paternal property, while he himself is unable to make up a dowry for his marriageable daughter, he has still done nothing inconsistent with his former life.
111	itaque hoc te obsecrat , C . Aquili , ut , quam existimationem , quam honestatem in iudicium tuum prope acta iam aetate decursaque attulit , eam liceat ei secum ex hoc loco efferre , ne is de cuius officio nemo umquam dubitavit lx denique anno dedecore , macula turpissimaque ignominia notetur , ne ornamentis eius omnibus Sex . Naevius pro spoliis abutatur , ne per te fiat quo minus , quae existimatio P . Quinctium usque ad senectutem produxit , eadem usque ad rogum prosequatur .	Therefore be begs this of you, O Caius Aquillius, that he may be allowed to carry with him out of this place the character and the probity which, now that his life is nearly come to an end, he brought with him before your tribunal. That he, of whose virtue no one ever doubted, may not in his sixtieth year be branded with disgrace, with stigma, and with the most shameful ignominy; that Sextus Naevius may not array himself in all his ornaments as spoils of victory; that it may not be owing to you that the character, which has accompanied Publius Quinctius to his old age, does not attend him to the tomb.