11.
[37]
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.
[38]
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.
[39]
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.
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