That has happened through the
injustice and wrong-doing of the praetor; first, because, contrary to universal custom,
he has chosen that the trial as to honour or infamy Because if it
were decided that Quinctius had forfeited his recognizances, infamia was the consequence. should take place before the one
concerning the fact; secondly, because he has so arranged this very trial, that the
defendant is compelled to plead his cause before he has heard a word of the accuser's;
and this has been done because of the influence and power of those men who indulge the
violence and covetousness of Sextus Naevius as eagerly as if their own property or
honour were at stake, and who make experiment of their influence in such matters as
this, in which the more weight they have through their virtue and nobility, the less
they ought to make a parade of what influence they have.
Since Publius Quinctius, involved in and overwhelmed by such numerous
and great difficulties, has taken refuge, O Caius Aquillius, in your good faith, in your
truth, in your compassion; when, up to this time , owing to the might of his
adversaries, no equal law could be found for him, no equal liberty of pleading, no just
magistrate, when, through the greatest injustice, everything was unfavourable and
hostile to him; he now prays and entreats you, O Caius Aquillius, and all of you who are
present as assessors, to allow justice, which has been tossed about and agitated by many
injuries, at length to find rest and a firm footing in this place.
And that you may the more easily do this, I will endeavour to make you understand how this matter has been managed and carried out. Caius Quinctius was the brother of this
Publius Quinctius; in other respects a sufficiently prudent and attentive head of a
family, but in one matter a little less wise, inasmuch as he formed a partnership with
Sextus Naevius, a respectable man, but one who had not been brought up so as to be
acquainted with the rights of partnership, or with the duties of a head of an
established family. The office of praeco was so little reputable that before Cicero's death a law was
passed to prevent all persons who had been praecones from
becoming decuriones in the municipia. Under the emperors, however it became very profitable.
Not that he was wanting in abilities; for Sextus Naevius as a buffoon was never
considered without wit, nor as a crier was he reckoned unmannerly. What followed? As
nature had given him nothing better than a voice, and his father had left him nothing
besides his freedom, he made gain of his voice, and used his freedom for the object of
being loquacious with impunity.
So there was no
reason in the world for your taking him as a partner, except that he might learn with
your money what a harvest money can produce. Nevertheless, induced by acquaintance and
intimacy with the man, Quinctius, as I have said, entered into a partnership with him as
to those articles which were procured in Gaul.
He had considerable property in cattle, and a well-cultivated and productive farm.
Naevius is carried off from the halls of Licinius, The Hall of
Licinius, i.e. Licinius Crassus, was the celebrated one where he erected four columns
of Hymettian marble, for the theatrical shows in his aedileship, and was one of the
common resorts of auctioneers and criers. and from the gang of criers, into
Gaul and across the Alps; there is a great change in his situation, Coelum non animum mutant qui trans mare
currunt. —;Hor. Epist. 1, ii.
27. none in his disposition; for he who from his boyhood had been
proposing to himself gain without any outlay, as soon as he spent anything himself and
brought it to the common stock, could not be content with a moderate profit.