<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="81" resp="perseus"><p>Did you, before you made
            the demand to be allowed to take possession of his goods, send any one to take care that
            the master should be driven by force off the estate by his own slaves? Choose whichever
            you like; the one is incredible; the other abominable; and both are unheard-of before
            this time. Do you mean that any one ran over seven hundred miles in two days? Tell me.
            Do you deny it? Then you sent some one beforehand. I had rather you did. For if you were
            to say that, you would be seen to tell an impudent lie: when you confess this, you admit
            that you did a thing which you cannot conceal even by a lies. Will such a design, so
            covetous, so audacious, so precipitate, be approved of by Aquillius and by such men as
            he is?</p></div><div type="textpart" subtype="section" n="82" resp="perseus"><p>What does this madness, what does this baste,
            what does this precipitation intimate? Does it not prove violence? does it not prove
            wickedness? does it not prove robbery? does it not, in short, prove everything rather
            than right, than duty, or than modesty? You send some one without the command of the
            praetor. With what intention? You knew he would order it. What then? When he had ordered
            it, could you not have sent then? You were about to ask him. When? Thirty days after.
            Yes, if nothing hindered you; if the same intention existed; if you were well; in short,
            if you were alive. The praetor would have made the order, I suppose, if he chose, if he
            was well, if he was in court, if no one objected, by giving security according to his
            decree, and by being willing to stand a trial.</p></div><div type="textpart" subtype="section" n="83" resp="perseus"><p>For,
            by the immortal gods, if Alphenus, the agent of Publius Quinctius, were then willing to
            give security and to stand a trial, and in short to do everything which you chose, what
            would you do? Would you recall him whom you had sent into <placeName key="tgn,1000070">Gaul</placeName>? But this man would have been already expelled from his farm,
            already driven headlong from his home, already (the most unworthy thing of all)
            assaulted by the hands of his own slaves, in obedience to your messenger and command.
            You would, forsooth, make amends for these things afterwards. Do you dare to speak of
            the life of any man, you who must admit this,—that you were so blinded by
            covetousness and avarice, that, though you did not know what would happen afterwards,
            but many things might happen, you placed your hope from a present crime in the uncertain
            event of the future? And I say this, just as if, at that very time when the praetor had
            ordered you to take possession according to his edict, you had sent any one to take
            possession, you either ought to, or could have ejected Publius Quinctius from
            possession.</p></div><milestone n="27" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="84" resp="perseus"><p>Everything, O Caius Aquillius, is of such a nature that any one may be able to perceive
            that in this cause dishonesty and interest are contending with poverty and truth. How
            did the praetor order you to take possession? I suppose, in accordance with his edict.
            In what words was the recognizance drawn up? “If the goods of Publius
            Quinctius have been taken possession of in accordance with the praetor's
            edict.” Let us return to the edict. How does that enjoin you to take
            possession? Is there any pretence, O Caius Aquillius, if he took possession in quite a
            different way from that which the praetor enjoined, for denying that then he did not
            take possession according to the edict, but that I have beaten him in the trial? None, I
            imagine. Let us refer to the edict.—“They who in accordance with my
            edict have come into possession.” He is speaking of you, Naevius, as you
            think; for you say that you came into possession according to the edict. He defines for
            you what you are to do; he instructs you; he gives you precepts. “It seems
            that those ought to be in possession.” How? “That which they can
            rightly secure in the place where they now are, let them secure there; that which they
            cannot, they may carry or lead away.” What then? “It is not
            right,” says he, “to drive away the owner against his
            will.” The very man who with the object of cheating is keeping out of the way,
            the very man who deals dishonestly with all his creditors, he forbids to be driven off
            his farm against his will.</p></div><div type="textpart" subtype="section" n="85" resp="perseus"><p>As you are on your way to
            take possession, O Sextus Naevius, the praetor himself openly says to
            you—“Take possession in such manner that Naevius may have possession
            at the same time with you; take possession in such a manner that no violence may be
            offered to Quinctius.” What? how do you observe that? I say nothing of his not
            having been a man who was keeping out of the way, of his being a man who had a house, a
            wife, children, and an agent at <placeName key="perseus,Rome">Rome</placeName>; I say
            nothing of all this: I say this, that the owner was expelled from his farm; that hands
            were laid on their master by his own slaves, before his own household gods; I say <gap reason="lost"/>
            <milestone n="28" unit="chapter" resp="yonge"/><milestone unit="Para"/>
          I say too that Naevius never even asked Quinctius for the money, when he was with him,
            and might have sued him every day; because he preferred that all the most perplexing
            modes of legal proceedings should take place, to his own great discredit, and to the
            greatest danger of Publius Quinctius, rather than allow of the simple trial about money
            matters which could have been got through in one day; from which one trial he admits
            that all these arose and proceeded. On which occasion I offered a condition, if he was
            determined to demand the money, that Publius Quinctius should give security to submit to
            the decision, if he also, if Quinctius had any demands upon him, would submit to the
            like conditions.</p></div></div></body></text></TEI>