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.

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.

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. Think, O Caius Aquillius, that Naevius did everything at Rome with moderation and good sense, if this which was done in Gaul in obedience to his letters was done rightly and legally. Quinctius being expelled and turned out of his farm, having received a most notorious injury, flies to Caius Flaccus the general, who was at that time in the province; whom I name to do him honour as his dignity demands. How strongly he was of opinion that that action called for punishment you will be able to learn from his decrees.

Meantime Alphenus was fighting every day at Rome with that old gladiator. He had the people indeed on his side, because that fellow never ceased to aim at the head. There is an allusion here to the fights of gladiators, in which the people disapproved of that gladiator who aimed too constantly at the vital parts of his adversary, so as to make the combat short. There is a pun here, caput meaning the head or life of the gladiator, and also the condition of a citizen. Naevius demanded that the agent should give security for payment on judgment being given. Alphenus says that it is not reasonable for an agent to give security, because the defendant would not be bound to give security if he were present himself. The tribunes are appealed to, and as a positive decision was demanded from them, the matter is terminated on the footing of Sextus Alphenus undertaking that Publius Quinctius should answer to his bail by the thirteenth of September.

Quinctius comes to Rome; he answers to his bail. That fellow, that most energetic man, the seizer of other men's goods, that invader, that robber, for a year and a half asks for nothing, keeps quiet, amuses Quinctius by proposals as long as he can, and at last demands of Cnaeus Dolabella, the praetor, that Quinctius should give security for payment on judgment being given, according to the formula, “Because he demands it of him whose goods he has taken possession of for thirty days, according to the edict of the praetor.” Quinctius made no objection to his ordering him to give security, if his goods had been possessed, in accordance with the praetor's edict. He makes the order; how just a one I do not say—this alone I do say, it was unprecedented: and I would rather not have said even this, since any one could have understood both its characters. He orders Publius Quinctius to give security to Sextus Naevius, to try the point whether his goods had been taken possession of for thirty days, in accordance with the edict of the praetor. The friends who were then with Quinctius objected to this: they showed that a decision ought to be come to as to the fact, so that either each should give security to the other, or else that neither should; that there was no necessity for the character of either being involved in the trial.