while this sheet of
paper was actually in my hands, L. Flavius, praetor-designate and a very
intimate friend, came to see me. He told me that you had sent a letter
to his agents, which seemed to me most inequitable, prohibiting them
from taking anything from the estate of the late L. Octavius Naso, whose
heir L. Flavius is, until they had paid a sum of money to C. Fundanius;
and that you had sent a similar letter to the Apollonidenses, not to
allow any payment on account of the estate of the late Octavius till the
debt to Fundanius had been discharged. It seems to me hardly likely that
you have done this; for it is quite unlike your usual good sense. The
heir not to take anything? What if he disowns the debt? What if he
doesn't owe it at all? Moreover, is the praetor wont to decide whether a
debt is due?[291] Don't I, again, wish well to Fundanius? Am I not his
friend? Am I not touched with compassion? No one more so: but in certain
matters the course of law is so clear as to leave no place for personal
feeling. And Flavius told me that expressions were used in the letter,
which he said was yours, to the effect that you would "either thank them
as friends, or make yourself disagreeable to them as enemies." In short,
he was much annoyed, complained of it to me in strong terms, and begged
me to write to you as seriously as I could. This I am doing, and I do
strongly urge you again and again to withdraw your injunction to
Flavius's agents about taking money from the estate, and not to lay any
farther injunction on the Apollonidenses contrary to the rights of
Flavius. Pray do everything you can for the sake of Flavius and, indeed,
of Pompey also. I would not, upon my honour, have you think me liberal
to him at the expense of any inequitable decision on your part: but I do
entreat you to leave behind you some authority, and some memorandum of a
decree or of a letter under your hand, so framed as to support the
interests and cause of Flavius. For the man, who is at once very
attentive to me, and tenacious of his own rights and dignity, is feeling
extremely hurt that he has not prevailed with you either on the grounds
of personal friendship or of legal right; and, to the best of my belief,
both Pompey and Caesar have, at one time or another, commended the
interests of Flavius to you, and Flavius has written to you personally,
and certainly I have. Wherefore, if there is anything which you think
you ought to do at my request, let