[84]
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.
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