Pro P. Quinctio

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.