For Publius Quinctius

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1

The two things which have the greatest influence in a state,—namely, the greatest interest, and eloquence, are both making against us at the present moment; and while I am awed by the one, O Caius Aquillius, I am in fear of the other:—I am somewhat awed, apprehending that the eloquence of Quinctius Hortensius may embarrass me in speaking; but I am in no slight fear lest the interest of Sextus Naevius may injure Publius Quinctius. And yet it would not seem so disastrous for us that these things should exist in the highest degree in the other party, if they existed also to a moderate extent in us; but the fact is, that I, who have neither sufficient experience nor much ability, am brought into comparison with a most eloquent advocate; and that Publius Quinctius, who has but small influence, no riches, and few friends, is contending with a most influential adversary. And, moreover, we have this additional disadvantage, that Marcus Junius, who has several times pleaded this cause before you, O Aquillius, a man practised in the conduct of other causes also, and much and frequently concerned in this particular one, is at this moment absent, being engaged on his new commission; and so they have had recourse to me, who, even if I had all other requisite qualifications in ever so high a degree, have certainly scarcely had time enough to be able to understand so important a business, having so many points of dispute involved in it so that also, which has been used to be an assistance to me in other causes, is wanting to me in this one; for in proportion to my want of ability, have I endeavoured to make amends for that want by industry, and unless time and space be given to one, it cannot be seen how great his industry is. But the greater our disadvantages, O Caius Aquillius, are, with so much the more favourable a disposition ought you, and those who are your colleagues in this trial, to listen to our words, that the truth, though weakened by many disadvantages, may be at last reestablished by the equity of such men as you. But if you, being the judge, shall appear to be no protection to a desolate and helpless condition against power and influence; if before this tribunal the cause is found to depend on interest, not on truth; then indeed there is nothing any longer holy and uncontaminated in the state—no hope that the firmness and virtue of the judge may counterbalance the lowly condition of any one. But undoubtedly before you and your colleagues truth will prevail, or else, if it be driven from this place by power and influence, it will not be able to find any place where it can stand.

2

I do not say this, O Caius Aquillius, because I have any doubt of your own good faith and constancy, or because Publius Quinctius ought not to have the greatest hopes from those whom you have called in as your assessors, being, as they are, among the most eminent men in the state. What then? In the first place, the magnitude of the danger causes a man the greatest fear, because he is staking all his fortunes on one trial; and while he is thinking of this, the recollection of your power does not occur to his mind less frequently than that of your justice; because all men whose lives are in another's hand more frequently think of what he, in whose power and under whose dominion they are, can do, than of what he ought to do,—Secondly, Publius Quinctius has for his adversary, in name indeed, Sextus Naevius, but in reality, the most eloquent, the most gallant, the most accomplished men of our state, who are defending Sextus Naevius with one common zeal, and with all their power: if, indeed, defending means so to comply with the desire of another, that he may the more easily be able to overwhelm whomsoever he chooses by an unjust trial; for what, O Caius Aquillius, can be mentioned or spoken of more unjust or more unworthy than this, that I who am defending the liberties, the fame, and fortunes of another should be compelled to open the cause, especially when Quintus Hortensius, who in this trial fills the part of the accuser, is to speak against me; a man to whom nature has given the greatest possible fluency and energy in speaking? Matters are so managed, that I, who ought rather to ward off the darts of our adversary and to heal the wounds he has inflicted, am compelled to do so now, even when the adversary has cast no dart; and that that time is given to them to attack us when the power of avoiding their attacks is to be taken from us; and if in any particular they should (as they are well prepared to do) cast any false accusation like a poisoned arrow at us, there will be no opportunity for applying a remedy. That has happened through the injustice and wrong-doing of the praetor; first, because, contrary to universal custom, he has chosen that the trial as to honour or infamy should take place before the one concerning the fact; secondly, because he has so arranged this very trial, that the defendant is compelled to plead his cause before he has heard a word of the accuser's; and this has been done because of the influence and power of those men who indulge the violence and covetousness of Sextus Naevius as eagerly as if their own property or honour were at stake, and who make experiment of their influence in such matters as this, in which the more weight they have through their virtue and nobility, the less they ought to make a parade of what influence they have. Since Publius Quinctius, involved in and overwhelmed by such numerous and great difficulties, has taken refuge, O Caius Aquillius, in your good faith, in your truth, in your compassion; when, up to this time , owing to the might of his adversaries, no equal law could be found for him, no equal liberty of pleading, no just magistrate, when, through the greatest injustice, everything was unfavourable and hostile to him; he now prays and entreats you, O Caius Aquillius, and all of you who are present as assessors, to allow justice, which has been tossed about and agitated by many injuries, at length to find rest and a firm footing in this place.

3

And that you may the more easily do this, I will endeavour to make you understand how this matter has been managed and carried out. Caius Quinctius was the brother of this Publius Quinctius; in other respects a sufficiently prudent and attentive head of a family, but in one matter a little less wise, inasmuch as he formed a partnership with Sextus Naevius, a respectable man, but one who had not been brought up so as to be acquainted with the rights of partnership, or with the duties of a head of an established family. Not that he was wanting in abilities; for Sextus Naevius as a buffoon was never considered without wit, nor as a crier was he reckoned unmannerly. What followed? As nature had given him nothing better than a voice, and his father had left him nothing besides his freedom, he made gain of his voice, and used his freedom for the object of being loquacious with impunity. So there was no reason in the world for your taking him as a partner, except that he might learn with your money what a harvest money can produce. Nevertheless, induced by acquaintance and intimacy with the man, Quinctius, as I have said, entered into a partnership with him as to those articles which were procured in Gaul. He had considerable property in cattle, and a well-cultivated and productive farm. Naevius is carried off from the halls of Licinius, and from the gang of criers, into Gaul and across the Alps; there is a great change in his situation, none in his disposition; for he who from his boyhood had been proposing to himself gain without any outlay, as soon as he spent anything himself and brought it to the common stock, could not be content with a moderate profit. Nor is it any wonder if he, who had his voice for sale, thought that those things which he had acquired by his voice would be a great profit to him; so that without much moderation, he carried off whatever he could from the common stock to his private house for himself. And in this he was as industrious as if all who behaved in a partnership with exact good faith, were usually condemned in a trial before an arbitrator. But concerning these matters I do not consider it necessary to say what Publius Quinctius wishes me to mention; although the cause calls for it: yet as it only calls for it, and does not absolutely require it, I will pass it over.

4

When this partnership had now subsisted many years, and when Naevius had often been suspected by Quinctius, and was not able conveniently to give an account of the transactions which he had carried on according to his caprice, and not on any system, Quinctius dies in Gaul, when Naevius was there too, and dies suddenly. By his will he left this Publius Quinctius his heir, in order that, as great grief would come to him by his death, great honour should also accrue to him. When he was dead, Publius Quinctius soon after goes into Gaul. There he lives on terms of intimacy with that fellow Naevius. There they are together nearly a year, during which they had many communications with one another about their partnership, and about the whole of their accounts and their estate in Gaul; nor during that time did Naevius utter one single word about either the partnership owing him anything, or about Quinctius having owed him anything on his private account. As there was some little debt left behind, the payment of which was to be provided for at Rome, this Publius Quinctius issues notices that he shall put up to auction in Gaul, at Narbonne, those things which were his own private property. On this, this excellent man, Sextus Naevius, dissuades the man by many speeches from putting the things up to auction, saying that he would not be able at that time to sell so conveniently what he had advertised. That he had a sum of money at Rome, which if Quinctius were wise he would consider their common property, from their brotherly intimacy, and also from his relationship with himself; for Naevius has married the cousin of Publius Quinctius, and has children by her. Because Naevius was saying just what a good man ought, Quinctius believed that he who imitated the language of good men, would imitate also their actions. He gives up the idea of having an auction; he goes to Rome; at the same time Naevius also leaves Gaul for Rome. As Caius Quinctius had owed money to Publius Scapula, Publius Quinctius referred it to you, O Caius Aquillius, to decide what he should pay his children. He preferred submitting to your decision in this matter, because, on account of the difference in the exchange, it was not sufficient to look in his books and see how much was owed, unless he had inquired at the temple of Castor how much was to be paid in Roman money. You decide and determine, on account of the friendship existing between you and the family of the Scapulae, what was to be paid to them to a penny.

5

All these things Quinctius did by the advice and at the instigation of Naevius: nor is there anything strange in his adopting the advice of the man whose assistance he thought at his service. For not only had he promised it in Gaul, but every day he kept on saying at Rome that he would pay the money as soon as he gave him a hint to do so. Quinctius moreover saw that he was able to do so. He knew that he ought; he did not think that he was telling lies, because there was no reason why he should tell lies. He arranged, therefore, that he would pay the Scapulae as if he had the money at home. He gives Naevius notice of it, and asks him to provide for the payment as he had said he would. Then that worthy man—I hope he will not think I am laughing at him if I call him again a most worthy man—as he thought that he was brought into a great strait, hoping to pin him down to his own terms at the very nick of time, says that he will not pay a penny, unless a decision is first come to about all the affairs and accounts of the partnership, and unless he knew that there would be no dispute between him and Quinctius. We will look into these matters at a future time, says Quinctius, but at present I wish you to provide, if you please, what you said you would. He says that he will not do so on any other condition; and that what he had promised no more concerned him, than it would if when he was holding a sale by auction, he had made any bidding at the command of the owner. Quinctius being perplexed at this desertion, obtains a few days' delay from the Scapulae; he sends into Gaul to have those things sold which he had advertised; being absent, he sells them at a less favourable time than before; he pays the Scapulae with more disadvantage to himself than he would have done. Then of his own accord he calls Naevius to account, in order, since he suspected that there would be a dispute about something, to provide for the termination of the business as soon as possible, and with the smallest possible trouble. He appoints as his umpire his friend Marcus Trebellius; we name a common friend, a relation of our own, Sextus Alphenus, who had been brought up in his house, and with whom he was exceedingly intimate. No agreement could be come to; because the one was willing to put up with a slight loss, but the other was not content with a moderate booty. So from that time the matter was referred to legal decision. After many delays, and when much time had been wasted in that business, and nothing had been done, Naevius appeared before the judge.

6

I beseech you, O Caius Aquillius, and you the assessors in this suit, to observe carefully, in order that you may be able to understand the singular nature of this fraud, and the new method of trickery employed. He says that he had had a sale by auction in Gaul; that he had sold what he thought fit; that he had taken care that the partnership should owe him nothing; that he would have no more to do with summoning any one, or with giving security; if Quinctius had any business to transact with him, he had no objection. He, as he was desirous to revisit his farm in Gaul, does not summon the man at present; so he departs without giving security. After that, Quinctius remains at Rome about thirty days. He gets any securities which he had given other people respited, so as to be able to go without hindrance into Gaul. 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. 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. 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. 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. 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.

7

Think, O Caius Aquillius, that Naevius did everything at Rome with moderation and good sense, if this which was done in Gaul in obedience to his letters was done rightly and legally. Quinctius being expelled and turned out of his farm, having received a most notorious injury, flies to Caius Flaccus the general, who was at that time in the province; whom I name to do him honour as his dignity demands. How strongly he was of opinion that that action called for punishment you will be able to learn from his decrees. Meantime Alphenus was fighting every day at Rome with that old gladiator. He had the people indeed on his side, because that fellow never ceased to aim at the head. Naevius demanded that the agent should give security for payment on judgment being given. Alphenus says that it is not reasonable for an agent to give security, because the defendant would not be bound to give security if he were present himself. The tribunes are appealed to, and as a positive decision was demanded from them, the matter is terminated on the footing of Sextus Alphenus undertaking that Publius Quinctius should answer to his bail by the thirteenth of September.

8

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. 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.

9

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.

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. 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.

10

But since Hortensius urges you to come to a decision, and requires of use that I should not waste time in speaking, and complains that when the former advocate was defending this action it never could be brought to a conclusion, I will not allow that suspicion to continue to exist, that we are unwilling for the matter to be decided, nor will I arrogate to myself a power of proving the case better than it has been proved before; nor yet will I make a long speech, because the cause has already been explained by him who has spoken before, and brevity, which is exceedingly agreeable to me, is required of me, who am neither able to devise nor to utter many arguments. I will do what I have often observed you do, O Hortensius; I will distribute my argument on the entire cause into certain divisions. You always do so, because you are always able. I will do so in this cause, because in this cause I think I can. That power which nature gives you of being always able to do so, this cause gives me, so that I am able to do so today. I will appoint myself certain bounds and limits, out of which I cannot stray if I ever so much wish; so that both I may have a subject on which I may speak, and Hortensius may have allegations which he may answer, and you, O Caius Aquillius, may be able to perceive beforehand what topics you are going to hear discussed. We say, O Sextus Naevius, that you did not take possession of the goods of Publius Quinctius in accordance with the edict of the praetor. 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.

11

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. 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. 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.