13.
[42]
What if I show that this very thing which he is now doing is a proof that nothing is
due? For what is Sextus Naevius doing now? About what is there a dispute? What is this
trial on which we have now been occupied two years? What is the important business with
which he is wearying so many eminent men? He is asking for his money. What now, at last?
But let him ask; let us hear what he has to say.
[43]
He
wishes a decision to be come to concerning the accounts and disputes of the partnership.
It is very late. However, better late than never; let us grant it. Oh, says be, I do not
want that now, O Caius Aquillius; and I am not troubling myself about that now: Publius
Quinctius has had the use of my money for so many years; let him use it, I do not ask
anything. What then are you contending for? is it with that object that you have often
announced in many places—that he may no longer be a citizen? that he may not
keep that rank which hitherto he has most honourably preserved? that be may not be
counted among the living? that he may be in peril of his life and all his honours? that
he may have to plead his cause before the plaintiff speaks, and that when he has ended
his speech he may then hear the voice of his accuser? What? What is the object of this?
That you may the quicker arrive at your rights? But if you wished that might be already
done. That you may contend according to a more respectable form of procedure?
[44]
But you cannot murder Publius Quinctius your own relation,
without the greatest wickedness. That the trial may be facilitated I But neither does
Caius Aquillius willingly decide on the life of another, nor has Quintus Hortensius been
in the habit of pleading against a man's life. But what reply is made by us, O Caius
Aquillius? He asks for his money: we deny that it is due. Let a trial take place
instantly; we make no objection; is there anything more? If he is afraid that the money
will not be forth coming when the decision is given let him take security that it shall
be; and let him give security 1
for what I demand in the very same terms in which we give security.
[45]
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.
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