<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi001.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="36" resp="perseus"><p>On that point the security was given. I will
            show first, that there was no cause why you should require of the praetor power to take
            possession of the goods of Publius Quinctius; in the second place, that you could not
            have taken possession of them according to the edict; lastly, that you did not take
            possession of them. I entreat you, O Caius Aquillius, and you too the assessors, to
            preserve carefully in your recollections what I have undertaken. You will more easily
            comprehend the whole business if you recollect this; and you will easily recall me by
            the expression of your opinion if I attempt to overstep those barriers to which I have
            confined myself. I say that there was no reason why he should make the demand; I say
            that he could not have taken possession according to the edict; I say that he did not
            take possession. When I have proved thee three things, I will sum up the whole.</p></div><milestone n="11" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="37" resp="perseus"><p>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 <placeName key="tgn,1000070">Gaul</placeName> 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.
             </p></div><div type="textpart" subtype="section" n="38" resp="perseus"><p>Caius Quinctius dies; who, as you say, owed you a
            large sum for some particular articles. His heir, Publius Quinctius, comes into
              <placeName key="tgn,1000070">Gaul</placeName> 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.</p></div><div type="textpart" subtype="section" n="39" resp="perseus"><p>
            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.</p></div><milestone n="12" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="40" resp="perseus"><p>Let us believe this, that Sextus Naevius spared the ears of the man whose life he is
            attacking! If he had owed you money, O Sextus, you would have asked for it at once; if
            not at once, at all events soon after; if not soon after, at least after a time; in six
            months I should think; beyond all doubt at the close of the year: but for a year and a
            half, when you had every day an opportunity of reminding the man of the debt, you say
            not one word about it; but now, when nearly two years have passed, you ask for the
            money. What profligate and extravagant spendthrift, even before his property is
            diminished, but while it is still abundant, would have been so reckless as Sextus
            Naevius was? When I name the man, I seem to myself to have said enough.</p></div></div></body></text></TEI>