[25]
And as this is the case, I ask why you have not Roscius as your partner before an
arbitrator? Did you not know the formula? It was most notorious. Were you unwilling to
adopt severe proceedings? Why so? On account of your ancient intimacy? Why then do you
injure him now? On account of the integrity of the man? Why then do you accuse him now?
On account of the magnitude of the crime? Is it so? The man whom you could not
circumvent before an arbitrator, to whose decision such a matter properly belonged, will
you seek to convict before a judge, who has no power of arbitrating in it? Either, then,
bring this charge where it may be discussed, or do not bring it where it may not:
although the charge is already done away with by your own evidence; for when you
declined to adopt that formula, you showed that he had committed no fraud against the
partnership. Oh, he made a covenant. Has he account-books, or not? If he has not, how is
the covenant shown? If he has, why do you not tell us?
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M. Tullius Cicero. The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge. London. George Bell & Sons. 1903.
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