for what, O Caius Aquillius, can be mentioned or spoken of more
 unjust or more unworthy than this, that I who am defending the liberties, The Latin has caput , which in a legal
 sense expresses not only a man's life, but also his status or civil condition; to be
 registered in the census was caput habere ; to change
 one's rank, capite, &c. diminuere . And so a trial
 which affected not only a citizen's life, but his rank or liberty, was called judicium capitale . the fame, and fortunes of another
 should be compelled to open the cause, especially when Quintus Hortensius, who in this
 trial fills the part of the accuser, is to speak against me; a man to whom nature has
 given the greatest possible fluency and energy in speaking? Matters are so managed, that
 I, who ought rather to ward off the darts of our adversary and to heal the wounds he has
 inflicted, am compelled to do so now, even when the adversary has cast no dart; and that
 that time is given to them to attack us when the power of avoiding their attacks is to
 be taken from us; and if in any particular they should (as they are well prepared to do)
 cast any false accusation like a poisoned arrow at us, there will be no opportunity for
 applying a remedy. That has happened through the
 injustice and wrong-doing of the praetor; first, because, contrary to universal custom,
 he has chosen that the trial as to honour or infamy Because if it
 were decided that Quinctius had forfeited his recognizances, infamia was the consequence. should take place before the one
 concerning the fact; secondly, because he has so arranged this very trial, that the
 defendant is compelled to plead his cause before he has heard a word of the accuser's;
 and this has been done because of the influence and power of those men who indulge the
 violence and covetousness of Sextus Naevius as eagerly as if their own property or
 honour were at stake, and who make experiment of their influence in such matters as
 this, in which the more weight they have through their virtue and nobility, the less
 they ought to make a parade of what influence they have. Since Publius Quinctius, involved in and overwhelmed by such numerous
 and great difficulties, has taken refuge, O Caius Aquillius, in your good faith, in your
 truth, in your compassion; when, up to this time , owing to the might of his
 adversaries, no equal law could be found for him, no equal liberty of pleading, no just
 magistrate, when, through the greatest injustice, everything was unfavourable and
 hostile to him; he now prays and entreats you, O Caius Aquillius, and all of you who are
 present as assessors, to allow justice, which has been tossed about and agitated by many
 injuries, at length to find rest and a firm footing in this place. And that you may the more easily do this, I will endeavour to make you understand how this matter has been managed and carried out. Caius Quinctius was the brother of this
 Publius Quinctius; in other respects a sufficiently prudent and attentive head of a
 family, but in one matter a little less wise, inasmuch as he formed a partnership with
 Sextus Naevius, a respectable man, but one who had not been brought up so as to be
 acquainted with the rights of partnership, or with the duties of a head of an
 established family. The office of praeco was so little reputable that before Cicero's death a law was
 passed to prevent all persons who had been praecones from
 becoming decuriones in the municipia . Under the emperors, however it became very profitable. 
 Not that he was wanting in abilities; for Sextus Naevius as a buffoon was never
 considered without wit, nor as a crier was he reckoned unmannerly. What followed? As
 nature had given him nothing better than a voice, and his father had left him nothing
 besides his freedom, he made gain of his voice, and used his freedom for the object of
 being loquacious with impunity.