<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="56" resp="perseus"><p>This is what he says openly by his actions, if he
            does not dare to say it in words. If in truth he wishes to live according to the
            practices of good men, he has many things to learn and to unlearn, both which things are
            difficult to a man of his age. <milestone n="18" unit="chapter" resp="yonge"/><milestone unit="Para"/>I did not hesitate, says he, when the recognizances were forfeited, to claim the
            confiscation of his goods. It was wickedly done; but since you claim this for yourself;
            and demand that it be granted to you, let us grant it. What if he has not forfeited his
            recognizances? if the whole of that plea has been invented by you with the most extreme
            dishonesty and wickedness? if there had actually been no securities given in any cause
            between you and Publius Quinctius? What shall we call you? Wicked? why, even if the
            recognizances had been forfeited, yet in making such a demand and confiscation of his
            goods, you were proved to be most wicked. Malignant? you do not deny it. Dishonest? you
            have already claimed that as your character, and you think it a fine thing. Audacious?
            covetous? perfidious? those are vulgar and worn-out imputations, but this conduct is
            novel and unheard-of.</p></div><div type="textpart" subtype="section" n="57" resp="perseus"><p>What then are we to say? I fear
            forsooth lest I should either use language severer than men's nature is inclined to
            bear, or else more gentle than the cause requires. You say that the recognizances were
            forfeited. Quinctius the moment he returned to <placeName key="perseus,Rome">Rome</placeName> asked you on what day the recognizances were drawn. You answered at
            once, on the fifth of February. Quinctius, when departing, began to recollect on what
            day he left <placeName key="perseus,Rome">Rome</placeName> for <placeName key="tgn,1000070">Gaul</placeName>: he goes to his journal, he finds the day of his
            departure set down, the thirty-first of January. If he was at <placeName key="perseus,Rome">Rome</placeName> on the fifth of February we have nothing to say
            against his having entered into recognizances with you.</p></div><div type="textpart" subtype="section" n="58" resp="perseus"><p>What then? how can this be found out? Lucius Albius went with him, a man of the
            highest honour; he shall give his evidence. Some friends accompanied both Albius and
            Quinctius; they also shall give their evidence. Shall the letters of Publius Quinctius,
            shall so many witnesses, all having the most undeniable reason for being able to know
            the truth, and no reason for speaking falsely, be compared with your witness to the
            recognizance?</p></div><div type="textpart" subtype="section" n="59" resp="perseus"><p>And shall Publius Quinctius be harassed
            in a cause like this? and shall he any longer be subjected to the misery of such fear
            and danger? and shall the influence of an adversary alarm him more than the integrity of
            the judge comforts him? For he always lived in an unpolished and uncompanionable manner;
            he was of a melancholy and unsociable disposition; he has not frequented the Forum, or
            the Campus, or banquets. He so lived as to retain his friends by attention, and his
            property by economy; he loved the ancient system of duty, all the splendour of which has
            grown obsolete according to present fashions. But if, in a cause where the merits were
            equal, he seemed to come off the worse, that would be in no small degree to be
            complained of; but now, when he is in the right, he does not even demand to come off
            best; he submits to be worsted, only with these limitations, that he is not to be given
            up with his goods, his character, and all his fortunes, to the covetousness and cruelty
            of Sextus Naevius.</p></div><milestone n="19" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="60" resp="perseus"><p>I have proved what I first promised to prove, O Caius Aquillius, that there was
            absolutely no cause why he should make this demand; that neither was any money owed, and
            that if it were owed ever so much, nothing had been done to excuse recourse being had to
            such measures as these. Remark now, that the goods of Publius Quinctius could not
            possibly have been taken possession of in accordance with the praetor's edict. Recite
            the edict. “He who for the sake of fraud has lain hid.” That is not
            Quinctius, unless they be hid who depart on their own business, leaving an agent behind
            them. “The man who has no heir.” Even that is not he. “The
            man who leaves the country in exile.” At what time, O Naevius, do you think
            Quinctius ought to have been defended in his absence, or how? Then, when you were
            demanding leave to take possession of his goods? No one was present, for no one could
            guess that you were going to make such a demand; nor did it concern any one to object to
            that which the praetor ordered not to be done absolutely, but to be done according to
            his edict.</p></div></div></body></text></TEI>