Pro P. Quinctio

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.