“For he was,” says he, “a man of the opposite party.” No doubt; a man who had been brought up in your house, whom you from a youth had so trained up as not to favour any one of eminence, not even a gladiator. The text is undoubtedly corrupt here. Some read haereret, some cederet. I have adopted the text of Orellius; but the meaning is not very plain. If Alphenus had the same wish as you always especially entertained, was not the contest between you on equal terms in that matter? “Oh,” says he, “he was an intimate friend of Brutus, and therefore he interposed.” You on the other hand were an intimate friend of Burrienus, who gave an unjust decision; and, in short, of all those men who at that time were both very powerful with violence and wickedness, and who dared do all that they could. Did you wish to overcome those men, who now are labouring with such zeal that you may be victorious? Dare to say that, not openly, but to these very men whom you have brought with you.

Although I am unwilling to bring that matter up again by mentioning it, every recollection of which I think ought to be entirely effaced and destroyed. This one thing I say, if Alphenus was an influential man because of his party zeal, Naevius was most influential; if Alphenus, relying on his personal interest, made any rather unjust demand; Naevius demanded, and obtained too, things much more unjust. Nor was there, as I think, any difference between your zeal. In ability, in experience, in cunning, you easily surpassed him. To say nothing of other things, this is sufficient: Alphenus was ruined with those men, and for the sake of those men to whom he was attached; you, after those men who were your friends could not get the better, took care that those who did get the better should be your friends.

But if you think you had not then the same justice as Alphenus, because it was in his power to appeal to some one against you; because a magistrate was found before whom the cause of Alphenus could be fairly heard; what is Quinctius to determine on at this time I—a man who has not as yet found any just magistrate, nor been able to procure the customary trial; “Because the matter in dispute was really a money matter, but the praetor ordered the trial to proceed de probro.”—Hottoman. in whose case no condition, no security, no petition has been interposed,—I do not say a just one, but none at all that had ever been heard of before that time. I wish to try an action about money. You cannot. But that is the point in dispute. It does not concern me; you must plead to a capital charges. Accuse me then, if it must be so. No says be, not unless you, in an unprecedented manner, first make your defence. You must plead; the time must be fixed at our pleasure; the judge himself shall be removed.

What then? Shall you be able to find any advocate, a man of such ancient principles of duty as to despise our splendour and influence? Lucius Philippus will be my advocate; in eloquence, in dignity, and in honour, the most flourishing man in the states. Hortensius will speak for me; a man eminent for his genius, and nobility, and reputation; and other most noble and powerful men will accompany me into court, the number and appearance of whom may alarm not only Publius Quinctius, who is defending himself on a capital charge, but even any one who is out of danger.