<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="76" resp="perseus"><p>I ask these two questions. First of all, on what account Naevius did not complete the
            business he had undertaken; that is, why he did not sell the goods which he had taken
            possession of in accordance with the edict: Secondly, why out of so many other creditors
            no one reinforced his demand; so that you must of necessity confess that neither was any
            one of them so rash, and that you yourself were unable to persevere in and accomplish
            that which you had most infamously begun. What if you yourself, O Sextus Naevius,
            decided that the goods of Publius Quinctius had not been taken possession of according
            to the edict? I conceive that your evidence, which in a matter which did not concern
            yourself would be very worthless, ought to be of the greatest weight in an affair of
            your own when it makes against you. You bought the goods of Sextus Alphenus when Lucius
            Sulla, the dictator, sold them. You entered Quinctius in your books as the partner in
            the purchase of these goods.<note anchored="true"><foreign xml:lang="la">Nomen</foreign> is
              especially used in reference to debts, because not only the amount of the debts, but
              also the name of the debtor is entered in the account books. Riddle's Dict. in v.
                <foreign xml:lang="la">Nomen</foreign>.</note> I say no more. Did you enter into a
            voluntary partnership with that man who had cheated in a partnership to which he had
            succeeded by inheritance;</p></div><div type="textpart" subtype="section" n="77" resp="perseus"><p>and did you by your own
            sentence approve of the man who you thought was stripped of his character and of all his
            fortunes? I had fears indeed, O Caius Aquillius, that I could not stand my ground in
            this cause with a mind sufficiently fortified and resolute. I thought thus, that, as
            Hortensius was going to speak against me, and as Philip was going to listen to me
            carefully, I should through fear stumble in many particulars. I said to Quintus Roscius
            here, whose sister is the wife of Publius Quinctius, when he asked of me, and, with the
            greatest earnestness, entreated me to defend his relation, that it was very difficult
            for me, not only to sum up a cause against such orators, but even to attempt to speak at
            all. When he pressed it more eagerly, I said to the man very familiarly, as our
            friendship justified, that a man appeared to me to have a very brazen face, who, while
            he was present, could attempt to use action in speaking, but those who contended with
            him himself, even though before that they seemed to have any skill or elegance, lost it,
            and that I was afraid lest something of the same sort would happen to me when I was
            going to speak against so great an artist.</p></div><milestone n="25" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="78" resp="perseus"><p>Then Roscius said many other things with a view to encourage me, and in truth, if he
            were to say nothing he would still move any one by the very silent affection and zeal
            which he felt for his relation. In truth, as he is an artist of that sort that he alone
            seems worthy of being looked at when he is on the stage, so he is also a man of such a
            sort that he alone seems to deserve never to go thither. “But what,”
            says he, “if you have such a cause as this, that you have only to make this
            plain, that there is no one in two or three days at most can walk seven hundred miles?
            Will you still fear that you will not be able to argue this point against
            Hortensius?”</p></div><div type="textpart" subtype="section" n="79" resp="perseus"><p>“No,” said
            I. “But what is that to the purpose?” “In
            truth,” said he, “that is what the cause turns upon.”
            “How so?” He then explains to me an affair of that sort, and at the
            same time an action of Sextus Naevius, which, if that alone were alleged, ought to be
            sufficient. And I beg of you, O Caius Aquillius, and of you the assessors, that you will
            attend to it carefully. You will see, in truth, that on the one side there were engaged
            from the very beginning covetousness and audacity, that on the other side truth and
            modesty resisted as long as they could. You demand to be allowed to take possession of
            his goods according to the edict. On what day I wish to hear you yourself, O Naevius. I
            want this unheard-of action to be proved by the voice of the very man who has committed
            it. Mention the day, Naevius. The twentieth of February. Right, how far is it from hence
            to your estate in <placeName key="tgn,1000070">Gaul</placeName>? I ask you, Naevius.
            Seven hundred miles. Very well: Quinctius is driven off the estate. On what day? May we
            hear this also from you? Why are you silent? Tell me the day, I say.—He is
            ashamed to speak it. I understand; but he is ashamed too late, and to no purpose. He is
            driven off the estate on the twenty-third of February, O Caius Aquillius. Two days
            afterwards, or, even if any one had set off and run the moment he left the court, in
            under three days, he accomplishes seven hundred miles.</p></div><div type="textpart" subtype="section" n="80" resp="perseus"><p>O incredible thing! O inconsiderate covetousness! O winged messenger! The agents and
            satellites of Sextus Naevius come from <placeName key="perseus,Rome">Rome</placeName>,
            across the <placeName key="tgn,2066659">Alps</placeName>, among the Segusiani in two
            days. O happy man who has such messengers, or rather Pegasi. <milestone n="26" unit="chapter" resp="yonge"/><milestone unit="Para"/>
          Here I, even if all the Crassi were to stand forth with all the Antonies, if you, O
            Lucius Philippus, who flourished among those men, choose to plead this cause, with
            Hortensius for your colleague, yet I must get the best of it. For everything does not
            depend, as you two think it does, on eloquence. There is still some truth so manifest
            that nothing can weaken it.</p></div></div></body></text></TEI>