[46]
Can no means be found, O Caius Aquillius,
for a man's arriving at his rights as expeditiously as maybe without the disgrace and
infamy and ruin of any one else? Forsooth, if anything were owed, he would ask for it:
he would not prefer that all sorts of trials should take place, rather than that one
from which all these arise. He, who for so many years never even asked Quinctius for the
money, when he had an opportunity of transacting business with him every day; he who,
from the time when he first began to behave ill, has wasted all the time in adjournments
and respiting the recognizances; he who, after he had withdrawn his recognizance drove
Quinctius by treachery and violence from their joint estate; who, when he had ample
opportunity, without any one's making objection, to try a civil action, 1 chose rather a charge that involved infamy; who, when he is brought
back to this tribunal, whence all these proceedings arise, repudiates the most
reasonable proposals; confesses that he is aiming, not at the money, but at the life and
heart's blood of his adversary;—does he not openly say, “if anything
were owing to me, I should demand it, and I should long ago have obtained it;
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1 With respect to its subject matter the actio was divided into two great divisions, the in personam actio and the in rem actio. The former was against a person who was bound to the plaintiff by contract or delict the latter applied to those cases where a man claimed a property or a right. Smith, Dict. Ant. p.7.
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