For Publius Quinctius (88-91)

I asked what the reason was why the goods had not been sold, since they had been taken possession of according to the edict. Secondly, I asked this also, on what account not one of so many creditors either did the same thing then, why not one speaks against him now, but why they are all striving for Publius Quinctius? Especially when in such a trial the testimonies of creditors are thought exceedingly material. After that, I employed the testimony of the adversary, who lately entered as his partner the man who, according to the language of his present claim, [*] he demonstrates was at that time not even in the number of living men. Then I mentioned that incredible rapidity, or rather audacity of his. I showed that it was inevitable, either that seven hundred miles had been run over in two days, or that Sextus Naevius had sent men to take possession many days before he demanded leave so to seize his goods.

After that I recited the edict, which expressly forbade the owner to be driven off his by which it was plain that Naevius had not taken possession according to the edict, as he confessed that Quinctius had been driven off his farm by force. But I thoroughly proved that the goods had actually not been taken possession of, because such a seizure of goods is looked at not as to part but with respect to everything which can be seized or taken possession of. I said that he had a house at Rome which that fellow never even made an attempt on; that he had many slaves, of which he neither took possession of any, and did not even touch any; that there was one whom he attempted to touch; that he was forbidden to, and that he remained quiet.

You know also that Sextus Naevius never came on to the private farms of Quinctius even in Gaul. Lastly I proved that the private servants of Quinctius were not all driven away from that very estate which he took possession of, having expelled his partner by force. From which, and from all the other sayings, and actions, and thoughts of Sextus Naevius, any one can understand that that fellow did nothing else, and is now doing nothing, but endeavouring by violence, by injustice, and by unfair means at this trial, to make the whole farm his own which belongs to both partners in common.

Now that I have summed up the whole cause the affair itself and the magnitude of the danger, O Caius Aquillius, seem to make it necessary for Publius Quinctius to solicit and entreat you and your colleagues, by his old age and his desolate condition, merely to follow the dictates or your own nature and goodness; so that as the truth is on his side, his necessitous state may move you to pity rather than the influence of the other party to cruelty.