He appoints as his umpire his friend Marcus
 Trebellius; we name a common friend, a relation of our own, Sextus Alphenus, who had
 been brought up in his house, and with whom he was exceedingly intimate. No agreement
 could be come to; because the one was willing to put up with a slight loss, but the
 other was not content with a moderate booty. So from
 that time the matter was referred to legal decision. Lit.
 “recognizances were entered into.” When the praetor had granted an
 action, the plaintiff required the defendant to give security for his appearance
 before the praetor on a stated day, commonly the day but one after the in jus vocatio . After many delays, and when much time had
 been wasted in that business, and nothing had been done, Naevius appeared before the
 judge. 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. 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 . 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.
 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. If either
 party did not appear on the appointed day, he was said vadimonium
 deserere , and the praetor gave to the other party the bonorum possessio . Vide Smith's Dict. Ant. p. 9. v. Actio . 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.