Pro Q. Roscio Comoedo

After he had thoroughly made up his mind, he came to Cluvius. What sort of a man was he? an insignificant man? No, a most influential one. A fickle man? A most consistent one. An intimate friend of his? A perfect stranger. After he had saluted him, he began to ask him, in gentle and elegant language to be sure,—“Tell a lie for my sake, tell some excellent men, your own intimate friends who are here with you, that Flavius settled with Fannius about Panurgus, though in truth he did not; tell them that he paid a hundred thousand sesterces, though in reality he did not pay a penny.” What answer did he give? “Oh, indeed, I will willingly and eagerly tell lies for your sake; and if at any time you wish me to perjure myself in order to make a little profit, know that I am quite ready; you need not have taken so much trouble as to come to me yourself; you could have arranged such a trifle as this by a messenger.”

Oh, the faith of gods and men! Would Roscius ever have asked this of Cluvius, even if he had had a hundred millions of sesterces at stake on the issue of the trial? Or would Cluvius have granted it to Roscius at his request, even if he had been to be a sharer in the whole booty? I scarcely, by the gods, think that you, O Fannius, would dare to make this request to Ballio, or to any one like him; and that you would be able to succeed in a matter not only false, but in its nature incredible. For I say nothing about Roscius and Cluvius being excellent men. I imagine them for this occasion to be worthless.

Roscius, then, suborned Cluvius as a false witness. Why did he do it so late? Why did he do so when the second payment was to be made, not when the first was? for already he had paid fifty thousand sesterce. Secondly; if Cluvius was, by this time, persuaded to tell lies, why did he say that a hundred thousand sesterces had been given to Fannius by Flavius, rather than three hundred thousand; when, according to the mutual agreement, a half-share of it belonged to Roscius. By this time you see, O Caius Piso, that Roscius had made his demand for himself alone, and had made no demand for the partnership. When Saturius perceives that this is proved, he does not dare to resist and struggle against the truth. He finds another subterfuge of dishonesty and treachery in the same track.

“I admit,” says he, “that Roscius demanded his own share from Flavius; I admit that he left Fannius's right to make a similar demand entire and unimpaired; but I contend that what he got for himself became the common property of the partnership” than which nothing more tricky or more scandalous can be said. For I ask whether Roscius had the power to demand his share from the partnership, or not? If he could not, how did he get it? If he could, how was it that he did not demand it for himself? For that which is demanded for one's self, is certainly not exacted for another.

Is it so? If he had made a demand of what belonged to the entire partnership, all would equally have shared what then came in. Now, when he demanded what was a part of his own share, did he not demand for himself alone what he got? What is the difference between him who goes to law for himself, and him who is assigned as agent for another? He who commences an action for himself, makes his demand for himself alone. No one can prefer a claim for another except him who is constituted his agent. Is it not so? If her had been your agent, you would get your own, because he had gained the action. But he preferred this claim in his own name; so what he got he got for himself, and not for you.

But if any one can make a claim on behalf of another, who is not appointed his agent, I ask why then, when Panurgus was slain, and an action was commenced against Fannius on the plea of injury sustained by the loss, you were made the agent of Roscius for that action? especially when, according to what you now say, whatever claim you made for yourself you made for him; whatever recompense you exacted for yourself, would belong to the partnership. But if nothing would have come to Roscius which you had got from Flavius, unless he had appointed you agent for his action, so nothing ought to come to you which Roscius has exacted for his share, since he was not appointed your agent.

For what answer can you make to this case, O Fannius? When Roscius settled with Flavius for his own share, did he leave you your right of action, or not? If he did not leave it you, how was it that you afterwards exacted a hundred thousand sesterces from him? If he did leave it, why do you claim from him what you ought to demand and follow up yourself? For partnership is very like inheritance, and, as it were, its twin sister. As a partner has a share in a partnership, so an heir has a share in an inheritance. As an heir prefers a claim for himself alone, and not for his co-heirs, so a partner prefers a claim for himself alone, and not for his partners. And as each prefers a claim for his own share, so he makes payments for his share alone; the heir, out of the share which he has received of the inheritance the partner, out of that property with which he entered into the partnership.

As Roscius could have executed a release to Flavius in his own name, so as to prevent you from preferring any claim; so, as he only exacted his own share, and left you your right to prefer a claim unimpaired, he ought not to share what he got with you—unless, indeed, you, by a perversion of all justice, are able to rob him of what is his, though you are not able to extort your own rights from another. Saturius persists in his opinion, that whatever a partner claims for himself becomes the property of the partnership. But if that be true, how great (plague take it!) was the folly of Roscius, who, by the advice and influence of lawyers, made a mutual agreement with Fannius, very carefully, that he should pay him half of whatever he got from Flavius; if indeed, without any security or mutual agreement, nevertheless, Fannius owed it to the partnership; that is to say, to Roscius [The rest of this speech is lost.] ---