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[13] 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. 1 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, 2 I will pass it over.

1 The Latin has “arbitrium pro socio condemnari,” on which Graevius says, “Arbitrium pro socio, is a formula of law, by which is signified an action and trial in a case of partnership if any one had cheated his partner; and Cicero means that Naevius was as industrious in cheating his partner, as if those who did not cheat were liable to be condemned, and not those who did cheat.”

2 The Latin has quia postulat non flagitat, both words being nearly synonymous, but flagito being evidently a stronger word than postulo.

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