67
Many excellent men signed the document setting forth this fact and these conditions. While all matters are still unaltered, while the goods are neither advertised nor taken possession of, Alphenus promises Naevius that Quinctius should appear to his recognizances. Quinctius does appear to his recognizances. The matter lies in dispute while that fellow is spreading his calumnies for two years, until he could find out by what means the affair might be diverted out of the common course of proceeding, and the whole cause he confined to this single point to which it is now limited.
68
What duty of an agent can possibly be mentioned, O Caius Aquillius, which seems to have been overlooked by Alphenus? What reason is alleged why it should be denied that Publius Quinctius was defended in his absence? Is it that which I suppose Hortensius will allege, because he has lately mentioned it, and because Naevius is always harping on it, that Naevius was not contending on equal terms with Alphenus, at such a time, and with such magistrates? And if I were willing to admit that, they will, I suppose, grant this, that it is not the case that no one was the agent of Publius Quinctius, but that he had one who was popular. But it is quite sufficient for me to prove that there was an agent, with whom he could have tried the matter. What sort of man he was, as long as he defended the man in his absence, according to law and before the proper magistrate, I think has nothing to do with the matter.
