Caius Quinctius owed you money; you never asked for it: he died; his property came to his heir; though you saw him every day, you did not ask for it for two years; will any one doubt which is the more probable, that Sextus Naevius would instantly have asked for what was owed to him, or that be would not have asked for two years? Had he no opportunity of asking? Why, he lived with you more than a year: could no measures be taken in Gaul? But there was law administered in the province, and trials were taking place at Rome. The only alternative remaining is, either extreme carelessness prevented you, or extraordinary liberality. If you call it carelessness, we shall wonder; if you call it kindness, we shall laugh; and what else you can call it I know not; it is proof enough that nothing was owing to Naevius, that for such a length of time he asked for nothing.

What if I show that this very thing which he is now doing is a proof that nothing is due? For what is Sextus Naevius doing now? About what is there a dispute? What is this trial on which we have now been occupied two years? What is the important business with which he is wearying so many eminent men? He is asking for his money. What now, at last? But let him ask; let us hear what he has to say.

He wishes a decision to be come to concerning the accounts and disputes of the partnership. It is very late. However, better late than never; let us grant it. Oh, says be, I do not want that now, O Caius Aquillius; and I am not troubling myself about that now: Publius Quinctius has had the use of my money for so many years; let him use it, I do not ask anything. What then are you contending for? is it with that object that you have often announced in many places—that he may no longer be a citizen? that he may not keep that rank which hitherto he has most honourably preserved? that be may not be counted among the living? that he may be in peril of his life and all his honours? that he may have to plead his cause before the plaintiff speaks, and that when he has ended his speech he may then hear the voice of his accuser? What? What is the object of this? That you may the quicker arrive at your rights? But if you wished that might be already done. That you may contend according to a more respectable form of procedure?

But you cannot murder Publius Quinctius your own relation, without the greatest wickedness. That the trial may be facilitated I But neither does Caius Aquillius willingly decide on the life of another, nor has Quintus Hortensius been in the habit of pleading against a man's life. But what reply is made by us, O Caius Aquillius? He asks for his money: we deny that it is due. Let a trial take place instantly; we make no objection; is there anything more? If he is afraid that the money will not be forth coming when the decision is given let him take security that it shall be; and let him give security In many cases both plaintiff and defendant might be required to give security, (satis dare.) Smith, Dict. Ant. p.10, V. Actio. for what I demand in the very same terms in which we give security.

The matter can be terminated at once, O Caius Aquillius You can at once depart, being delivered from an annoyance, I had almost said, no less than that Quinctius is exposed to. What are we doing, Hortensius? what are we to say of this condition? Can we, some time or other, laying aside our weapons, discuss the money matter without hazard of any one's fortunes? Can we so prosecute our business, as to leave the life of our relation in safety? Can we adopt the character of a plaintiff, and lay aside that of an accuser? Yes, says he, I will take security from you, but I will not give you security. But who is it that lays down for us these very reasonable conditions? who determines this—that what is just towards Quinctius is unjust towards Naevius? The goods of Quinctius, says he, were taken possession of in accordance with the edict of the praetor. You demand then, that I should admit that; that we should establish by our own sentence, as having taken place, that which we go to trial expressly to prove never did take place.