6.
I beseech you, O Caius Aquillius, and you the assessors in this suit, to observe
carefully, in order that you may be able to understand the singular nature of this
fraud, and the new method of trickery employed.
[23]
He
says that he had had a sale by auction in Gaul;
that he had sold what he thought fit; that he had taken care that the partnership should
owe him nothing; that he would have no more to do with summoning any one, or with giving
security; if Quinctius had any business to transact with him, he had no objection. He,
as he was desirous to revisit his farm in Gaul,
does not summon the man at present; so he departs without giving security. After that,
Quinctius remains at Rome about thirty days.
He gets any securities which he had given other people respited, so as to be able to go
without hindrance into Gaul.
[24]
He goes; he leaves Rome on
the twenty-ninth of January, in the Consulship of Scipio and Norbanus;—I beg
of you to remember the day. Lucius Albius the son of Sextus of the Quirine tribe, a good
man and of the highest reputation for honour, set out with him. When they had come to
the place called the fords of Volaterra, they see a great friend of Naevius, who was
bringing him some slaves from Gaul to be sold,
Lucius Publicius by name, who when he arrived in Rome told Naevius in what place he had seen Quinctius; and unless this
had been told Naevius by Publicius, the matter would not so soon have come to trial.
[25]
Then Naevius sends his slaves round to his friends;
he summons himself all his associates from the halls of Licinius and from the jaws of
the shambles, and entreats them to come to the booth of Sextus by the second hour of the
next day. They come in crowds; he makes oath that Publius Quinctius has not appeared to
his bail, and that he has appeared to his. A long protest to this effect is sealed with
the seals of noble men. They depart: Naevius demands of Burrienus the praetor, that by
his edict he may take possession of Quinctius's goods. 1 He urged the confiscation of the property of that man with
whom he had had intimacy, with whom he actually was in partnership, between whom and
himself there was a relationship, which while his children lived could not possibly be
annulled.
[26]
From which act it could easily be perceived
that there is no bond so holy and solemn, that avarice is not in the habit of weakening
and violating it. In truth, if friendship is kept up by truth, society by good faith,
relationship by affection, it is inevitable that he who has endeavoured to despoil his
friend, his partner, and his relation of fame and fortune, should confess himself
worthless and perfidious and impious.
[27]
Sextus
Alphenus, the agent of Publius Quinctius, the intimate friend and relation of Sextus
Naevius, tears down the bills; carries off one little slave whom Naevius had laid hold
of; gives notice that he is the agent, and that it is only fair that that fellow should
consult the fame and fortunes of Publius Quinctius, and await his arrival. But if he
would not do so, and believed that by such methods he could bring him into the
conditions which he proposed, then he asked nothing as a favour, and if Naevius chose to
go to law, he would defend him at the trial.
[28]
While
this is being done at Rome, meantime
Quinctius, contrary to law and to custom, and to the edicts of the praetors, is driven
by force by the slaves which belonged to both him and Naevius, as partners, from their
common lands and estates.
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