Pro Q. Roscio Comoedo

But you may easily, both in belief and in speaking of it, have exaggerated the terms on which Roscius concluded his business; in fact and reality you will find them moderate and unimportant. For he got a farm at a time when the prices of farms were very low,—a farm which had not a house on it, and was not well cultivated in any respect, which is worth much more now than it was. And no wonder, for at that time, on account of the calamities of the republic, every one's possessions were uncertain; now, by the kindness of the immortal gods, the fortunes of every one are well assured: then it was an uncultivated farm, without a house; now it is beautifully cultivated, with an excellent villa on it.

But since by nature you are so malevolent, I will never relieve you from that vexation and that anxiety. Roscius managed his business well; he got a most fertile farm. What is that to you? Do you settle your half of the matter anyhow you please. He then changes his plan of attack, and endeavours to invent a story which he cannot prove. “You,” says he, “arranged the whole matter, and not your share of it only.” The whole cause then is brought to this point,—whether Roscius came to a settlement with Flavius for his own share, or for the whole partnership.

For I confess that, if Roscius touched anything on their joint account, he ought to pay it to the partnership. Did he settle the quarrel of the partnership, and not merely his own, when he received this farm from Flavius? If so, why did he not give security to Flavius, that no one else should make any demand on him? He who settles his own demand only, leaves to the rest their right of action unimpaired; he who acts for his partners, gives security that none of them shall afterwards make any demand. Why did it not occur to Flavius to take this precaution for himself? Was he, forsooth, not aware that Panurgus belonged to a partnership. He knew that. Was he not aware that Fannius was Roscius' partner? Thoroughly; for he himself had a law-suit commenced with him.

Why then does he settle this action, and not exact an agreement that no one shall make any further demand on him? Why does he lose the farm, and yet get no release from this action? Why does he act in so inexperienced a manner, as neither to bind Roscius by any stipulation, nor on the other hand to get a release from Fannius' action?

This first argument, drawn both from the rules of civil rights, and from the customs prevailing with respect to such security, is a most important and powerful one, which I would press at greater length, if I had not other more undeniable and manifest proofs in the cause. And that you may not say I have promised this on insufficient grounds, I will call you—you, I say, Fannius—from your seat as a witness against yourself.—What is your charge? That Roscius settled with Flavius on behalf of the partnership.—When? Four years ago.—What is my defence? That Roscius settled with Flavius for his share in the property. You yourself, three years ago, made a new engagement with Roscius.—What? Recite that stipulation plainly.—Attend, I beg you, O Piso—I am compelling Fannius against his will, and though he is shuffling off in every direction, to give evidence against himself. For what are the words of this new agreement? “Whatever I receive from Flavius, I undertake to pay one half of to Roscius.” These are your words, O Fannius.

What can you get from Flavius, if Flavius owes you nothing? Moreover, why does he now enter into a mutual engagement about a sum which he has already exacted some time ago? But what can Flavius be going to give you, if he has already paid Roscius everything that he owed? Why is this new mutual arrangement interposed in so old an affair, in a matter so entirely settled, in a partnership which has been dissolved? Who is the drawer up of this agreement? who is the witness? who is the arbitrator? who? You, O Piso: for you begged Quintus Roscius to give Fannius fifteen thousand sesterces, for his care, for his labour, for having been his agent, and for having given security, on this condition, that, if he get anything from Flavius, he should give half of that sum to Roscius. Does not that agreement seem to show you with sufficient clearness that Roscius settled the affair on his own behalf alone?

But perhaps this also may occur to you, that Fannius did in requital promise Roscius half of whatever he might get from Flavius, but that be got nothing at all. What has that to do with it? You ought to regard not the result of the demand, but the beginning of the mutual agreement. And it does not follow, if he did not choose to prosecute his demand, that he did not for all that, as far as it depended on him, show his opinion that Roscius had only settled his own claim, and not the claim of the partnership. What more? Suppose I make it evident, that after the whole settlement come to by Roscius, after this fresh mutual agreement entered into by Fannius, Fannius also recovered a hundred thousand sesterces from Flavius, for the loss of Panurgus? Will he after that still dare to sport with the character of that most excellent man, Quintus Roscius?

I asked a little before—what was very material to the business, on what account Flavius, when (as they say) he was settling the whole claim, did neither take security from Roscius, nor obtain a release from all demands from Fannius? But now I ask how it was that, when he had settled the whole affair with Roscius, he paid also a hundred thousand sesterces to Fannius on his separate account? (a thing still more strange and incredible.) I should like to know, O Saturius, what answer are you preparing to give to this? Whether you are going to say that Fannius never got a hundred thousand sesterces from Flavius at all, or that he got them for some other claim, and on some other account?