Nor is it any wonder if he, who had his voice for sale,
thought that those things which he had acquired by his voice would be a great profit to
him; so that without much moderation, he carried off whatever he could from the common
stock to his private house for himself. And in this he was as industrious as if all who
behaved in a partnership with exact good faith, were usually condemned in a trial before
an arbitrator. The Latin has “arbitrium pro socio
condemnari,” on which Graevius says, “Arbitrium
pro socio, is a formula of law, by which is signified an action and trial
in a case of partnership if any one had cheated his partner; and Cicero means that
Naevius was as industrious in cheating his partner, as if those who did not cheat were
liable to be condemned, and not those who did cheat.” But concerning
these matters I do not consider it necessary to say what Publius Quinctius wishes me to
mention; although the cause calls for it: yet as it only calls for it, and does not
absolutely require it, The Latin has quia
postulat non flagitat, both words being nearly
synonymous, but flagito being evidently a stronger word
than postulo. I will pass it over.
When this partnership had now subsisted many years, and when Naevius had often been suspected by Quinctius, and was not able conveniently to give an account of the
transactions which he had carried on according to his caprice, and not on any system,
Quinctius dies in Gaul, when Naevius was there
too, and dies suddenly. By his will he left this Publius Quinctius his heir, in order
that, as great grief would come to him by his death, great honour should also accrue to
him.
When he was dead, Publius Quinctius soon after
goes into Gaul. There he lives on terms of
intimacy with that fellow Naevius. There they are together nearly a year, during which
they had many communications with one another about their partnership, and about the
whole of their accounts and their estate in Gaul; nor during that time did Naevius utter one single word about either
the partnership owing him anything, or about Quinctius having owed him anything on his
private account. As there was some little debt left behind, the payment of which was to
be provided for at Rome, this Publius
Quinctius issues notices that he shall put up to auction in Gaul, at Narbonne, those things
which were his own private property.
On this, this
excellent man, Sextus Naevius, dissuades the man by many speeches from putting the
things up to auction, saying that he would not be able at that time to sell so
conveniently what he had advertised. That he had a sum of money at Rome, which if Quinctius were wise he would consider
their common property, from their brotherly intimacy, and also from his relationship
with himself; for Naevius has married the cousin of Publius Quinctius, and has children
by her. Because Naevius was saying just what a good man ought, Quinctius believed that
he who imitated the language of good men, would imitate also their actions. He gives up
the idea of having an auction; he goes to Rome; at the same time Naevius also leaves Gaul for Rome.