The speech is a private legal case, centered around the business relationship between Gaius Quinctius and Sextus Naevius. The two were close partners (
socii) for many years, with Naevius even marrying Gaius' cousin. Their chief investments were in cattle farms and land in
Gallia Narbonensis.
Death of Gaius Quinctius When Gaius died suddenly in about 84 BC, he left his brother, Publius Quinctius, as his heir. Publius also inherited Gaius' outstanding debts, and intended to sell some of his own private property to pay them off. However, Naevius convinced him not to do so, and offered to advance the money required. The amount Publius was to pay was settled in Rome by Gaius Aquilius, a noteworthy judge. When Publius Quinctius came to pay the debts, Naevius refused to grant the promised money until they had settled various issues about the partnership in Gaul. As a result, Quinctius was forced to sell his private property. The two now agreed to a
vadimonium (a settlement in the courts), apparently to settle the terms of the partnership's dissolution. At this
vadimonium, Naevius announced that he had unilaterally sold part of the partnership's jointly owned property, and that he no longer considered there to be any unresolved issues. He then invited Publius to call another
vadimonium in objection, but Publius declined. As a result, according to Cicero's narrative of events, the two parties left without any agreement to appear in court again.
Violent dispute On 29 January 83 BC, Quinctius set off from Rome for Gaul, taking some slaves he intended to sell there. Hearing of this, Naevius quickly gathered a number of friends, and (according to Cicero) pretended that a
vadimonium had been called. With these friends as witnesses, he announced that Quinctius had failed to attend the
vadimonium. As a result, he was able to obtain an edict from a
praetor,
Burrienus, announcing Quinctius as a defaulting debtor, and granting Naevius permission to seize his property. Naevius' men attempted to seize the slaves Publius was planning to sell, but Quinctius' agent Alfenus prevented this by tearing down the placard announcing Burrienus' edict. However, when Publius arrived in Gaul a few days later, Naevius' men successfully ejected him from his property and forcibly seized the land.
Sponsio A number of appeals and disagreements followed over the next two years, including an attempted intervention on Publius’ behalf by the ex-consul and governor of Gallia Transalpina,
Gaius Valerius Flaccus. Eventually, in 81 BC a praetor, Gnaeus Dolabella, forced Publius to enter a judicial wager (
sponsio), in which Publius would try to establish that his property had
not been seized according to Burrienus' edict. The judge for the trial was Gaius Aquilius, the same jurist who had handled the initial stages of the case. Publius initially chose a Marcus Junius as his representative, but at the last minute had to hire the young Cicero, aged only 25, as replacement. In contrast, Naevius hired the experienced
Quintus Hortensius, by then the foremost orator in Rome: in addition, Hortensius was aided by
Lucius Marcius Philippus, a former consul and one of the most influential members of
Sulla's regime. Although it is Cicero's earliest surviving speech, it was not his first appearance as an advocate, as he makes a number of references throughout to earlier cases he had undertaken. ==The speech==