19.
[60]
I have proved what I first promised to prove, O Caius Aquillius, that there was
absolutely no cause why he should make this demand; that neither was any money owed, and
that if it were owed ever so much, nothing had been done to excuse recourse being had to
such measures as these. Remark now, that the goods of Publius Quinctius could not
possibly have been taken possession of in accordance with the praetor's edict. Recite
the edict. “He who for the sake of fraud has lain hid.” That is not
Quinctius, unless they be hid who depart on their own business, leaving an agent behind
them. “The man who has no heir.” Even that is not he. “The
man who leaves the country in exile.” At what time, O Naevius, do you think
Quinctius ought to have been defended in his absence, or how? Then, when you were
demanding leave to take possession of his goods? No one was present, for no one could
guess that you were going to make such a demand; nor did it concern any one to object to
that which the praetor ordered not to be done absolutely, but to be done according to
his edict.
[61]
What was the first opportunity, then,
which was given to the agent of defending this absent man? When you were putting up the
placards. Then Sextus Alphenus was present: he did not permit it; he tore down the
notices. That which was the first step of duty was observed by the agent with the
greatest diligence. Let us see what followed on this. You arrest the servant of Publius
Quinctius in public: you attempt to take him away. Alphenus does not permit it; he takes
him from you by force; he takes care that he is led home to Quinctius. Here too is seen
in a high degree the attention of an illustrious agent. You say that Quinctius is in
your debt; his agent denies it. You wish security to he given; he promises it. You call
him into court; he follows you. You demand a trial; he does not object. What other could
be the conduct of one defending a man in his absence I do not understand.
[62]
But who was the agent? I suppose it was some insignificant
man, poor, litigious, worthless, who might be able to endure the daily abuse of a
wealthy buffoon. Nothing of the sort: he was a wealthy Roman knight; a man managing his
own affairs well: he was, in short, the man whom Naevius himself as often as he went
into Gaul, left as his agent at Rome.
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