<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="70" resp="perseus"><p>Although I am unwilling to bring that
            matter up again by mentioning it, every recollection of which I think ought to be
            entirely effaced and destroyed. <milestone n="22" unit="chapter" resp="yonge"/><milestone unit="Para"/>
          This one thing I say, if Alphenus was an influential man because of his party zeal,
            Naevius was most influential; if Alphenus, relying on his personal interest, made any
            rather unjust demand; Naevius demanded, and obtained too, things much more unjust. Nor
            was there, as I think, any difference between your zeal. In ability, in experience, in
            cunning, you easily surpassed him. To say nothing of other things, this is sufficient:
            Alphenus was ruined with those men, and for the sake of those men to whom he was
            attached; you, after those men who were your friends could not get the better, took care
            that those who did get the better should be your friends.</p></div><div type="textpart" subtype="section" n="71" resp="perseus"><p>But if you think you had not then the same justice as Alphenus,
            because it was in his power to appeal to some one against you; because a magistrate was
            found before whom the cause of Alphenus could be fairly heard; what is Quinctius to
            determine on at this time I—a man who has not as yet found any just
            magistrate, nor been able to procure the customary trial; <note anchored="true">“Because the matter in dispute was really a money matter, but the praetor
              ordered the trial to proceed <foreign xml:lang="la">de
              probro</foreign>.”—Hottoman.</note> in whose case no condition, no
            security, no petition has been interposed,—I do not say a just one, but none
            at all that had ever been heard of before that time. I wish to try an action about
            money. You cannot. But that is the point in dispute. It does not concern me; you must
            plead to a capital charges. Accuse me then, if it must be so. No says be, not unless
            you, in an unprecedented manner, first make your defence. You must plead; the time must
            be fixed at our pleasure; the judge himself shall be removed.</p></div><div type="textpart" subtype="section" n="72" resp="perseus"><p>What then? Shall you be able to find any advocate, a man of such
            ancient principles of duty as to despise our splendour and influence? Lucius Philippus
            will be my advocate; in eloquence, in dignity, and in honour, the most flourishing man
            in the states. Hortensius will speak for me; a man eminent for his genius, and nobility,
            and reputation; and other most noble and powerful men will accompany me into court, the
            number and appearance of whom may alarm not only Publius Quinctius, who is defending
            himself on a capital charge, but even any one who is out of danger.</p></div></div></body></text></TEI>