Letters of Pliny
distinct, correct in emphasis, pure, and graceful: he has a very skilled
touch, too, upon the lyre, and performs with better execution than is
necessary for one of his profession. To this I must add, he reads
history, oratory, and poetry, as well as if these had been the sole
objects of his study. I am the more particular in enumerating his
qualifications, to let you see how many agreeable services I receive
from this one servant alone. He is indeed endeared to me by the ties of
a long affection, which are strengthened by the danger he is now in. For
nature has so formed our hearts that nothing contributes more to incite
and kindle affection than the fear of losing the object of it: a fear
which I have suffered more than once on his account. Some years ago he
strained himself so much by too strong an exertion of his voice, that he
spit blood, upon which account I sent him into Egypt;[81] from whence,
after a long absence, belately returned with great benefit to his
health. But having again exerted himself for several days together
beyond his strength, he was reminded of his former malady by a slight
return of his cough, and a spitting of blood. For this reason I intend
to send him to your farm at Forum-Julii,[82] having frequently heard you
mention it as a healthy air, and recommend the milk of that place as
very salutary in disorders of his nature. I beg you would give
directions to your people to receive him into your house, and to supply
him with whatever he may have occasion for: which will not be much, for
he is so sparing and abstemious as not only to abstain from delicacies,
but even to deny himself the necessaries his ill state of health
requires. I shall furnish him towards his journey with what will be
sufficient for one of his moderate requirements, who is coming under
your roof. Farewell.
LVII -- To RUFUS
I WENT into the Julian[83] court to hear those lawyers to whom,
according to the last adjournment, I was to reply. The judges had taken
their seats, the decemviri[84] were arrived, the eyes of the audience
were fixed upon the counsel, and all was hushed silence and expectation,
when a messenger arrived from the praetor, and the Hundred are at once
dismissed, and the case postponed: an accident extremely agreeable to
me, who am never so well prepared but that I am glad of gaining further
time. The occasion of the court's rising thus abruptly was a short edict
of Nepos, the praetor for criminal causes, in which he directed all
persons concerned as plaintiffs or defendants in any cause before him to
take notice that he designed strictly to put in force the decree of the
senate annexed to his edict. Which decree was expressed in the following
words:
ALL PERSONS WHOSOEVER THAT HAVE ANY LAW-SUITS DEPENDING ARE HEREBY
REQUIRED AND COMMANDED, BEFORE ANY PROCEEDINGS BE HAD THEREON, TO TAKE
AN OATH THAT THEY HAVE NOT GIVEN, PROMISED, OR ENGAGED TO GIVE, ANY FEE
OR REWARD TO ANY ADVOCATE, UPON ACCOUNT OF HIS UNDERTAKING THEIR CAUSE.
In these terms, and many others equally full and express, the lawyers
were prohibited to make their professions venal. However, after the case
is decided, they are permitted to accept a gratuity of ten thousand
sesterces.[85] The praetor for civil causes, being alarmed at this order
of Nepos, gave us this unexpected holiday in order to take time to
consider whether he should follow the example. Meanwhile the whole town
is talking, and either approving or condemning this edict of Nepos. We
have got then at last (say the latter with a sneer) a redressor of
abuses. But pray was there never a praetor before this man? Who is he
then who sets up in this way for a public reformer? Others, on the
contrary, say, "He has done perfectly right upon his entry into office;
he has paid obedience to the laws; considered the decrees of the senate,
repressed most indecent contracts, and will not suffer the most
honourable of all professions to be debased into a sordid lucre
traffic." This is what one hears all around one; but which side may
prevail, the event will shew. It is the usual method of the world
(though a very unequitable rule of estimation) to pronounce an action
either right or wrong, according as it is attended with good or ill
success; in consequence of which you may hear the very same conduct
attributed to zeal or folly, to liberty or licentiousness, upon
different several occasions. Farewell.
LVIII -- To ARRIANUS
SOMETIMES I miss Regulus in our courts. I cannot say I deplore his loss.
The man, it must be owned, highly respected his profession, grew pale
with study and anxiety over it, and used to write out his speeches
though he could not get them by heart. There was a practice he had of
painting round his right or left eye,[86] and wearing a white patch[87]
over one side or the other of his forehead, according as he was to plead
either for the plaintiff or defendant; of consulting the soothsayers
upon the issue of an action; still, all this excessive superstition was
really due to his extreme earnestness in his profession. And it was
acceptable enough being concerned in the same cause with him, as he
always obtained full indulgence in point of time, and never failed to
get an audience together; for what could be more convenient than, under
the protection of a liberty which you did not ask yourself, and all the
odium of the arrangement resting with another, and before an audience
which you had not the trouble of collecting, to speak on at your ease,
and as long as you thought proper? Nevertheless Regulus did well in
departing this life, though he would have done much better had he made
his exit sooner. He might really have lived now without any danger to
the public, in the reign of a prince under whom he would have had no
opportunity of doing any harm. I need not scruple therefore, I think, to
say I sometimes miss him: for since his death the custom has prevailed
of not allowing, nor indeed of asking more than an hour or two to plead
in, and sometimes not above half that time. The truth is, our advocates
take more pleasure in finishing a cause than in defending it; and our
judges had rather rise from the bench than sit upon it: such is their
indolence, and such their indifference to the honour of eloquence and
the interest of justice! But are we wiser than our ancestors? are we
more equitable than the laws which grant so many hours and days of
adjournments to a case? were our forefathers slow of apprehension, and
dull beyond measure? and are we clearer of speech, quicker in our
conceptions, or more scrupulous in our decisions, because we get over
our causes in fewer hours than they took days? O Regulus! it was by zeal
in your profession that you secured an advantage which is but rarely
given to the highest integrity. As for myself, whenever I sit upon the
bench (which is much oftener than I appear at the bar), I always give
the advocates as much time as they require: for I look upon it as highly
presuming to pretend to guess, before a case is heard, what time it will
require, and to set limits to an affair before one is acquainted with
its extent; especially as the first and most sacred duty of a judge is
patience, which constitutes an important part of justice. But this, it
is objected, would give an opening to much superfluous matter: I grant
it may; yet is it not better to hear too much than not to hear enough?
Besides, how shall you know that what an advocate has farther to offer
will be superfluous, until you have heard him? But this, and many other
public abuses, will be best reserved for a conversation when we meet;
for I know your affection to the commonwealth inclines you to wish that
some means might be found out to check at least those grievances, which
would now be very difficult absolutely to remove. But to return to
affairs of private concern: I hope all goes well in your family; mine
remains in its usual situation. The good which I enjoy grows more
acceptable to me by its continuance; as habit renders me less sensible
of the evils I suffer. Farewell.
LIX -- To CALPURNIA[88]
NEVER was business more disagreeable to me than when it prevented me not
only from accompanying you when you went into Campania for your health,
but from following you there soon after; for I want particularly to be
with you now, that I may learn from my own eyes whether you are growing
stronger and stouter, and whether the tranquillity, the amusements, and
plenty of that charming country really agree with you. Were you in
perfect health, yet I could ill support your absence; for even a
moment's uncertainty of the welfare of those we tenderly love causes a
feeling of suspense and anxiety: but now your sickness conspires with
your absence to trouble me grievously with vague and various anxieties.
I dread everything, fancy everything, and, as is natural to those who
fear, conjure up the very things I most dread. Let me the more earnestly
entreat you then to think of my anxiety, and write to me every day, and
even twice a day: I shall be more easy, at least while I am reading your
letters, though when I have read them, I shall immediately feel my fears
again. Farewell.
LX -- To CALPURNIA
You kindly tell me my absence very sensibly affects you, and that your
only consolation is in conversing with my works, which you frequently
substitute in my stead. I am glad that you miss me; I am glad that you
find some rest in these alleviations. In return, I read over your
letters again and again, and am continually taking them up, as if I had
just received them; but, alas! this only stirs in me a keener longing
for you; for how sweet must her conversation be whose letters have so
many charms? Let me receive them, however, as often as possible,
notwithstanding there is still a mixture of pain in the pleasure they
afford me. Farewell.
LXI -- To PRISCUS
You know Attilius Crescens, and you love him; who is there, indeed, of
any rank or worth, that does not? For myself, I profess to have a
friendship for him far exceeding ordinary attachments of the world. Our
native towns are separated only by a day's journey; and we got to care
for each other when we were very young; the season for passionate
friendships. Ours improved by years; and so far from being chilled, it
was confirmed by our riper judgments, as those who know us best can
witness. He takes pleasure in boasting everywhere of my friendship; as I
do to let the world know that his reputation, his ease, and his interest
are my peculiar concern. Insomuch that upon his expressing to me some
apprehension of insolent treatment from a certain person who was
entering upon the tribuneship of the people, I could not forbear
answering, --
"Long as Achilles breathes this vital air, To touch thy head no impious
hand shall dare."<a href="#linknote-89" name="linknoteref-89"
id="linknoteref-89">[89]</a>
What is my object in telling you these things? Why, to shew you that I
look upon every injury offered to Attilius as done to myself. "But what
is the object of all this?" you repeat. You must know then, Valerius
Varus, at his death, owed Attilius a sum of money. Though I am on
friendly terms with Maximus, his heir, yet there is a closer friendship
between him and you. I beg therefore, and entreat you by the affection
you have for me, to take care that Attilius is not only paid the capital
which is due to him, but all the long arrears of interest too. He
neither covets the property of others nor neglects the care of his own;
and as he is not engaged in any lucrative profession, he has nothing to
depend upon but his own frugality: for as to literature, in which he
greatly distinguishes himself, he pursues this merely from motives of
pleasure and ambition. In such a situation, the slightest loss presses