This certainly must be proved to the satisfaction of every one, that Quinctius while absent was defended at the trial. And as that is the ease, his goods were not taken possession of in accordance with the edict. But then, the tribunes of the people did not even hear his cause. I admit, if that be the case, that the agent ought to have obeyed the decree of the praetor. What; if Marcus Brutus openly said that he would intercede Intercedo was the technical word for the interposition of the tribunes. unless some agreement was come to between Alphenus himself and Naevius; does not the appeal to the tribunes seem to have been interposed not for the sake of delay but of assistance?

What is done next? Alphenus, in order that all men might see that Quinctius was defended at the trial, that no suspicion might exist unfavourable either to his own duty, or to his principal's character, summons many excellent men, And, in the hearing of that fellow, calls them to witness that he begs this of him, in the first place, out of regard to their common intimacy, that he would not attempt to take any severe steps against Quinctius in his absence without cause; but if lie persevered in carrying on the contest in a most spiteful and hostile manner, that he is prepared by every upright and honourable method to defend him, and to prove that what he demanded was not owed, and that he accepted the trial which Naevius proposed.

Many excellent men signed the document setting forth this fact and these conditions. While all matters are still unaltered, while the goods are neither advertised nor taken possession of, Alphenus promises Naevius that Quinctius should appear to his recognizances. Quinctius does appear to his recognizances. The matter lies in dispute while that fellow is spreading his calumnies for two years, until he could find out by what means the affair might be diverted out of the common course of proceeding, and the whole cause he confined to this single point to which it is now limited.

What duty of an agent can possibly be mentioned, O Caius Aquillius, which seems to have been overlooked by Alphenus? What reason is alleged why it should be denied that Publius Quinctius was defended in his absence? Is it that which I suppose Hortensius will allege, because he has lately mentioned it, and because Naevius is always harping on it, that Naevius was not contending on equal terms with Alphenus, at such a time, and with such magistrates? And if I were willing to admit that, they will, I suppose, grant this, that it is not the case that no one was the agent of Publius Quinctius, but that he had one who was popular. But it is quite sufficient for me to prove that there was an agent, with whom he could have tried the matter. What sort of man he was, as long as he defended the man in his absence, according to law and before the proper magistrate, I think has nothing to do with the matter.