20.
And do you dare, O Sextus Naevius, to deny that Quinctius was defended in his absence,
when the same man defended him who used to defend you? and when he accepted the trial on
behalf of Quinctius, to whom when departing you used to recommend and entrust your own
property and character? Do you attempt to say that there was no one who defended
Quinctius at the trial?
[63]
“I
demanded,” says he, “that security should be given.” You
demanded it unjustly. “The order was made.” Alphenus objected.
“He did, but the praetor made the decree.” Therefore the tribunes
were appealed to. “Here,” said he, “I have you: that is
not allowing a trial, nor defending a man at a trial, when you ask assistance from the
tribunes.” When I consider how prudent Hortensius is, I do not think that he
will say this; but when I hear that he has said so before, and when I consider the cause
itself I do not see what else he can say; for he admits that Alphenus tore down the
bills, undertook to give security, did not object to go to trial in the very terms which
Naevius proposed; but on this condition, that according to custom and prescription, it
should be before that magistrate who was appointed in order to give assistance.
[64]
You must either say that these things are not so;
or that Caius Aquillius, being such a man as he is, on his oath, is to establish this
law in the state: that he whose agent does not object to every trial which any one
demands against him, whose agent dares to appeal from the praetor to the tribunes, is
not defended at all, and may rightly have his goods taken possession of; may properly,
while miserable, absent, and ignorant of it, have all the embellishments of his
fortunes, all the ornaments of his life, taken from him with the greatest disgrace and
ignominy. And this seems reasonable to no one.
[65]
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 1 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?
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