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From the Same to Tullius Justus - Marcus Tullius Cicero, Letters of Marcus Tullius Cicero [1909]

Edition used:

Letters of Marcus Tullius Cicero: with his Treatises on Friendship and Old Age, trans. E.S. Shuckburgh. And Letters of Gaius Plinius Caecilius Secundus, trans. William Melmoth, revised by F.C.T. Bosanquet (New York: P.F. Collier, 1909).

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From the Same to Tullius Justus

“Since I have publicly decreed that all acts begun and accomplished in former reigns should be confirmed, the letters of Domitian must remain valid.”

LXVII

To the Emperor Trajan

Flavius Archippus has conjured me, by all my vows for your prosperity, and by your immortal glory, that I would transmit to you the memorial which he presented to me. I could not refuse a request couched in such terms; however, I acquainted the prosecutrix with this my intention, from whom I have also received a memorial on her part. I have annexed them both to this letter; that by hearing, as it were, each party, you may the better be enabled to decide.

LXVIII

Trajan to Pliny

It is possible that Domitian might have been ignorant of the circumstances in which Archippus was when he wrote the letter so much to that philosopher’s credit. However, it is more agreeable to my disposition to suppose that prince designed he should be restored to his former situation; especially since he so often had the honour of a statue decreed to him by those who could not be ignorant of the sentence pronounced against him by the proconsul Paullus. But I do not mean to intimate, my dear Pliny, that if any new charge should be brought against him, you should be the less disposed to hear his accusers. I have examined the memorial of his prosecutrix, Furia Prima, as well as that of Archippus himself, which you sent with your last letter.

LXIX

To the Emperor Trajan

The apprehensions you express, Sir, that the lake will be in danger of being entirely drained if a communication should be opened between that and the sea, by means of the river, are agreeable to that prudence and forethought you so eminently possess; but I think I have found a method to obviate that inconvenience. A channel may be cut from the lake up to the river so as not quite to join them, leaving just a narrow strip of land between, preserving the lake; by this means it will not only be kept quite separate from the river, but all the same purposes will be answered as if they were united: for it will be extremely easy to convey over that little intervening ridge whatever goods shall be brought down by the canal. This is a scheme which may be pursued, if it should be found necessary; but I hope there will be no occasion to have recourse to it. For, in the first place, the lake itself is pretty deep; and in the next, by damming up the river which runs from it on the opposite side and turning its course as we shall find expedient, the same quantity of water may be retained. Besides, there are several brooks near the place where it is proposed the channel shall be cut which, if skilfully collected, will supply the lake with water in proportion to what it shall discharge. But if you should rather approve of the channel’s being extended farther and cut narrower, and so conveyed directly into the sea, without running into the river, the reflux of the tide will return whatever it receives from the lake. After all, if the nature of the place should not admit of any of these schemes, the course of the water may be checked by sluices. These, however, and many other particulars, will be more skilfully examined into by the engineer, whom, indeed, Sir, you ought to send, according to your promise, for it is an enterprise well worthy of your attention and magnificence. In the meanwhile, I have written to the illustrious Calpurnius Macer, in pursuance of your orders, to send me the most skilful engineer to be had.

LXX

Trajan to Pliny

It is evident, my dearest Secundus, that neither your prudence nor your care has been wanting in this affair of the lake, since, in order to render it of more general benefit, you have provided so many expedients against the danger of its being drained. I leave it to your own choice to pursue whichever of the schemes shall be thought most proper. Calpurnius Macer will furnish you, no doubt, with an engineer, as artificers of that kind are not wanting in his province.

LXXI

To the Emperor Trajan

A very considerable question, Sir, in which the whole province is interested, has been lately started, concerning the state1 and maintenance of deserted children.2 I have examined the constitutions of former princes upon this head, but not finding anything in them relating, either in general or particular, to the Bithynians, I thought it necessary to apply to you for your directions: for in a point which seems to require the special interposition of your authority, I could not content myself with following precedents. An edict of the emperor Augustus (as pretended) was read to me, concerning one Annia; as also a letter from Vespasian to the Lacedaemonians, and another from Titus to the same, with one likewise from him to the Achaeans, also some letters from Domitian, directed to the proconsuls Avidius Nigrinus and Armenius Brocchus, together with one from that prince to the Lacedaemonians: but I have not transmitted them to you, as they were not correct (and some of them too of doubtful authenticity), and also because I imagine the true copies are preserved in your archives.

LXXII

Trajan to Pliny

The question concerning children who were exposed by their parents, and afterwards preserved by others, and educated in a state of servitude, though born free, has been frequently discussed; but I do not find in the constitutions of the princes my predecessors any general regulation upon this head, extending to all the provinces. There are, indeed, some rescripts of Domitian to Avidius Nigrinus and Armenius Brocchus, which ought to be observed; but Bithynia is not comprehended in the provinces therein mentioned. I am of opinion therefore that the claims of those who assert their right of freedom upon this footing should be allowed; without obliging them to purchase their liberty by repaying the money advanced for their maintenance.1

LXXIII

To the Emperor Trajan

Having been petitioned by some persons to grant them the liberty (agreeably to the practice of former proconsuls) of removing the relics of their deceased relations, upon the suggestion that either their monuments were decayed by age or ruined by the inundations of the river, or for other reasons of the same kind, I thought proper, Sir, knowing that in cases of this nature it is usual at Rome to apply to the college of priests, to consult you, who are the sovereign of that sacred order, as to how you would have me act in this case.

LXXIV

Trajan to Pliny

It will be a hardship upon the provincials to oblige them to address themselves to the college of priests whenever they may have just reasons for removing the ashes of their ancestors. In this case, therefore, it will be better you should follow the example of the governors your predecessors, and grant or deny them this liberty as you shall see reasonable.

LXXV

To the Emperor Trajan

I have enquired, Sir, at Prusa, for a proper place on which to erect the bath you were pleased to allow that city to build, and I have found one to my satisfaction. It is upon the site where formerly, I am told, stood a very beautiful mansion, but which is now entirely fallen into ruins. By fixing upon that spot, we shall gain the advantage of ornamenting the city in a part which at present is exceedingly deformed, and enlarging it at the same time without removing any of the buildings; only restoring one which is fallen to decay. There are some circumstances attending this structure of which it is proper I should inform you. Claudius Polyaenus bequeathed it to the emperor Claudius Caesar, with directions that a temple should be erected to that prince in a colonnade-court, and that the remainder of the house should be let in apartments. The city received the rents for a considerable time; but partly by its having been plundered, and partly by its being neglected, the whole house, colonnade-court, and all, is entirely gone to ruin, and there is now scarcely anything remaining of it but the ground upon which it stood. If you shall think proper, Sir, either to give or sell this spot of ground to the city, as it lies so conveniently for their purpose, they will receive it as a most particular favour. I intend, with your permission, to place the bath in the vacant area, and to extend a range of porticoes with seats in that part where the former edifice stood. This new erection I purpose dedicating to you, by whose bounty it will rise with all the elegance and magnificence worthy of your glorious name. I have sent you a copy of the will, by which, though it is inaccurate, you will see that Polyaenus left several articles of ornament for the embellishment of this house; but these also are lost with all the rest: I will, however, make the strictest enquiry after them that I am able.

LXXVI

Trajan to Pliny

I have no objection to the Prusenses making use of the ruined court and house, which you say are untenanted, for the erection of their bath. But it is not sufficiently clear by your letter whether the temple in the centre of the colonnade-court was actually dedicated to Claudius or not; for if it were, it is still consecrated ground.1

LXXVII

To the Emperor Trajan

I have been pressed by some persons to take upon myself the enquiry of causes relating to claims of freedom by birth-right, agreeably to a rescript of Domitian’s to Minucius Rufus, and the practice of former proconsuls. But upon casting my eye on the decree of the senate concerning cases of this nature, I find it only mentions the proconsular provinces.2 I have therefore, Sir, deferred interfering in this affair, till I shall receive your instructions as to how you would have me proceed.

LXXVIII

Trajan to Pliny

If you will send me the decree of the senate, which occasioned your doubt, I shall be able to judge whether it is proper you should take upon yourself the enquiry of causes relating to claims of freedom by birth-right.

LXXIX

To the Emperor Trajan

Julius Largus, of Ponus1 (a person whom I never saw nor indeed ever heard his name till lately), in confidence, Sir, of your distinguishing judgment in my favour, has entrusted me with the execution of the last instance of his loyalty towards you. He has left me, by his will, his estate upon trust, in the first place to receive out of it fifty thousand sesterces2 for my own use, and to apply the remainder for the benefit of the cities of Heraclea and Tios,3 either by erecting some public edifice dedicated to your honour or instituting athletic games, according as I shall judge proper. These games are to be celebrated every five years, and to be called Trajan’s games. My principal reason for acquainting you with this bequest is that I may receive your directions which of the respective alternatives to choose.

LXXX

Trajan to Pliny

By the prudent choice Julius Largus has made of a trustee, one would imagine he had known you perfectly well. You will consider then what will most tend to perpetuate his memory, under the circumstances of the respective cities, and make your option accordingly.

LXXXI

To the Emperor Trajan

You acted agreeably, Sir, to your usual prudence and foresight in ordering the illustrious Calpurnius Macer to send a legionary centurion to Byzantium: you will consider whether the city of Juliopolis1 does not deserve the same regard, which, though it is extremely small, sustains very great burthens, and is so much the more exposed to injuries as it is less capable of resisting them. Whatever benefits you shall confer upon that city will in effect be advantageous to the whole country; for it is situated at the entrance of Bithynia, and is the town through which all who travel into this province generally pass.

LXXXII

Trajan to Pliny

The circumstances of the city of Byzantium are such, by the great confluence of strangers to it, that I held it incumbent upon me, and consistent with the customs of former reigns, to send thither a legionary centurion’s guard to preserve the privileges of that state. But if we should distinguish the city of Juliopolis in the same way, it will be introducing a precedent for many others, whose claim to that favour will rise in proportion to their want of strength. I have so much confidence, however, in your administration as to believe you will omit no method of protecting them from injuries. If any persons shall act contrary to the discipline I have enjoined, let them be instantly corrected; or if they happen to be soldiers, and their crimes should be too enormous for immediate chastisement, I would have them sent to their officers, with an account of the particular misdemeanour you shall find they have been guilty of; but if the delinquents should be on their way to Rome, inform me by letter.

LXXXIII

To the Emperor Trajan

By a law of Pompey’s2 concerning the Bithynians, it is enacted, Sir, that no person shall be a magistrate, or be chosen into the senate, under the age of thirty. By the same law it is declared that those who have exercised the office of magistrate are qualified to be members of the senate. Subsequent to this law, the emperor Augustus published an edict, by which it was ordained that persons of the age of twenty-two should be capable of being magistrates. The question therefore is whether those who have exercised the functions of a magistrate before the age of thirty may be legally chosen into the senate by the censors?2 And if so, whether, by the same kind of construction, they may be elected senators, at the age which entitles them to be magistrates, though they should not actually have borne any office? A custom which, it seems, has hitherto been observed, and is said to be expedient, as it is rather better that persons of noble birth should be admitted into the senate than those of plebeian rank. The censors elect having desired my sentiments upon this point, I was of opinion that both by the law of Pompey and the edict of Augustus those who had exercised the magistracy before the age of thirty might be chosen into the senate; and for this reason, because the edict allows the office of magistrate to be undertaken before thirty; and the law declares that whoever has been a magistrate should be eligible for the senate. But with respect to those who never discharged any office in the state, though they were of the age required for that purpose, I had some doubt: and therefore, Sir, I apply to you for your directions. I have subjoined to this letter the heads of the law, together with the edict of Augustus.

LXXXIV

Trajan to Pliny

I agree with you, my dearest Secundus, in your construction, and am of opinion that the law of Pompey is so far repealed by the edict of the emperor Augustus that those persons who are not less than twenty-two years of age may execute the office of magistrates, and, when they have, may be received into the senate of their respective cities. But I think that they who are under thirty years of age, and have not discharged the function of a magistrate, cannot, upon pretence that in point of years they were competent to the office, legally be elected into the senate of their several communities.

LXXXV

To the Emperor Trajan

Whilst I was despatching some public affairs, Sir, at my apartments in Prusa, at the foot of Olympus, with the intention of leaving that city the same day, the magistrate Asclepiades informed me that Eumolpus had appealed to me from a motion which Cocceianus Dion made in their senate. Dion, it seems, having been appointed supervisor of a public building, desired that it might be assigned1 to the city in form. Eumolpus, who was counsel for Flavius Archippus, insisted that Dion should first be required to deliver in his accounts relating to this work, before it was assigned to the corporation; suggesting that he had not acted in the manner he ought. He added, at the same time, that in this building, in which your statue is erected, the bodies of Dion’s wife and son are entombed,2 and urged me to hear this cause in the public court of judicature. Upon my at once assenting to his request, and deferring my journey for that purpose, he desired a longer day in order to prepare matters for hearing, and that I would try this cause in some other city. I appointed the city of Nicea; where, when I had taken my seat, the same Eumolpus, pretending not to be yet sufficiently instructed, moved that the trial might be again put off: Dion, on the contrary, insisted it should be heard. They debated this point very fully on both sides, and entered a little into the merits of the cause; when being of opinion that it was reasonable it should be adjourned, and thinking it proper to consult with you in an affair which was of consequence in point of precedent, I directed them to exhibit the articles of their respective allegations in writing; for I was desirous you should judge from their own representations of the state of the question between them. Dion promised to comply with this direction and Eumolpus also assured me he would draw up a memorial of what he had to allege on the part of the community. But he added that, being only concerned as advocate on behalf of Archippus, whose instructions he had laid before me, he had no charge to bring with respect to the sepulchres. Archippus, however, for whom Eumolpus was counsel here, as at Prusa, assured me he would himself present a charge in form upon this head. But neither Eumolpus nor Archippus (though I have waited several days for that purpose) have yet performed their engagement: Dion indeed has; and I have annexed his memorial to this letter. I have inspected the buildings in question, where I find your statue is placed in a library, and as to the edifice in which the bodies of Dion’s wife and son are said to be deposited, it stands in the middle of a court, which is enclosed with a colonnade. Deign, therefore, I entreat you, Sir, to direct my judgment in the determination of this cause above all others as it is a point to which the public is greatly attentive, and necessarily so, since the fact is not only acknowledged, but countenanced by many precedents.

LXXXVI

Trajan to Pliny

You well know, my dearest Secundus, that it is my standing maxim not to create an awe of my person by severe and rigorous measures, and by construing every slight offence into an act of treason; you had no reason, therefore, to hesitate a moment upon the point concerning which you thought proper to consult me. Without entering therefore into the merits of that question (to which I would by no means give any attention, though there were ever so many instances of the same kind), I recommend to your care the examination of Dion’s accounts relating to the public works which he has finished; as it is a case in which the interest of the city is concerned, and as Dion neither ought nor, it seems, does refuse to submit to the examination.

LXXXVII

To the Emperor Trajan

The Niceans having, in the name of their community, conjured me, Sir, by all my hopes and wishes for your prosperity and immortal glory (an adjuration which is and ought to be most sacred to me), to present to you their petition, I did not think myself at liberty to refuse them: I have therefore annexed it to this letter.

LXXXVIII

Trajan to Pliny

The Niceans I find, claim a right, by an edict of Augustus, to the estate of every citizen who dies intestate. You will therefore summon the several parties interested in this question, and, examining these pretensions, with the assistance of the procurators Virdius Gemellinus, and Epimachus, my freedman (having duly weighed every argument that shall be alleged against the claim), determine as shall appear most equitable.

LXXXIX

To the Emperor Trajan

May this and many succeeding birthdays be attended, Sir, with the highest felicity to you; and may you, in the midst of an uninterrupted course of health and prosperity, be still adding to the increase of that immortal glory which your virtues justly merit!

XC

Trajan to Pliny

Your wishes, my dearest Secundus, for my enjoyment of many happy birthdays amidst the glory and prosperity of the republic were extremely agreeable to me.

XCI

To the Emperor Trajan

The inhabitants of Sinope1 are ill supplied, Sir, with water, which however may be brought thither from about sixteen miles’ distance in great plenty and perfection. The ground, indeed, near the source of this spring is, for rather over a mile, of a very suspicious and marshy nature; but I have directed an examination to be made (which will be effected at a small expense) whether it is sufficiently firm to support any superstructure. I have taken care to provide a sufficient fund for this purpose, if you should approve, Sir, of a work so conducive to the health and enjoyment of this colony, greatly distressed by a scarcity of water.

XCII

Trajan to Pliny

I would have you proceed, my dearest Secundus, in carefully examining whether the ground you suspect is firm enough to support an aqueduct. For I have no manner of doubt that the Sinopian colony ought to be supplied with water; provided their finances will bear the expense of a work so conducive to their health and pleasure.

XCIII

To the Emperor Trajan

The free and confederate city of the Amiseni1 enjoys, by your indulgence, the privilege of its own laws. A memorial being presented to me there, concerning a charitable institution,2 I have subjoined it to this letter, that you may consider, Sir, whether, and how far, this society ought to be licensed or prohibited.

XCIV

Trajan to Pliny

If the petition of the Amiseni which you have transmitted to me, concerning the establishment of a charitable society, be agreeable to their own laws, which by the articles of alliance it is stipulated they shall enjoy, I shall not oppose it; especially if these contributions are employed, not for the purpose of riot and faction, but for the support of the indigent. In other cities, however, which are subject to our laws, I would have all assemblies of this nature prohibited.

XCV

To the Emperor Trajan

Suetonius Tranquillus, Sir, is a most excellent, honourable, and learned man. I was so much pleased with his tastes and disposition that I have long since invited him into my family, as my constant guest and domestic friend; and my affection for him increased the more I knew of him. Two reasons concur to render the privilege3 which the law grants to those who have three children particularly necessary to him; I mean the bounty of his friends, and the ill-success of his marriage. Those advantages, therefore, which nature has denied to him, he hopes to obtain from your goodness, by my intercession. I am thoroughly sensible, Sir, of the value of the privilege I am asking; but I know, too, I am asking it from one whose gracious compliance with all my desires I have amply experienced. How passionately I wish to do so in the present instance, you will judge by my thus requesting it in my absence; which I would not, had it not been a favour which I am more than ordinarily anxious to obtain.

XCVI

Trajan to Pliny

You cannot but be sensible, my dearest Secundus, how reserved I am in granting favours of the kind you desire; having frequently declared in the senate that I had not exceeded the number of which I assured that illustrious order I would be contented with. I have yielded, however, to your request, and have directed an article to be inserted in my register, that I have conferred upon Tranquillus, on my usual conditions, the privilege which the law grants to these who have three children.

XCVII1

To the Emperor Trajan

It is my invariable rule, Sir, to refer to you in all matters where I feel doubtful; for who is more capable of removing my scruples, or informing my ignorance? Having never been present at any trials concerning those who profess Christianity, I am unacquainted not only with the nature of their crimes, or the measure of their punishment, but how far it is proper to enter into an examination concerning them. Whether, therefore, any difference is usually made with respect to ages, or no distinction is to be observed between the young and the adult; whether repentance entitles them to a pardon; or if a man has been once a Christian, it avails nothing to desist from his error; whether the very profession of Christianity, unattended with any criminal act, or only the crimes themselves inherent in the profession are punishable; on all these points I am in great doubt. In the meanwhile, the method I have observed towards those who have been brought before me as Christians is this: I asked them whether they were Christians; if they admitted it, I repeated the question twice, and threatened them with punishment; if they persisted, I ordered them to be at once punished: for I was persuaded, whatever the nature of their opinions might be, a contumacious and inflexible obstinacy certainly deserved correction. There were others also brought before me possessed with the same infatuation, but being Roman citizens,2 I directed them to be sent to Rome. But this crime spreading (as is usually the case) while it was actually under prosecution, several instances of the same nature occurred. An anonymous information was laid before me containing a charge against several persons, who upon examination denied they were Christians, or had ever been so. They repeated after me an invocation to the gods, and offered religious rites with wine and incense before your statue (which for that purpose I had ordered to be brought, together with those of the gods), and even reviled the name of Christ: whereas there is no forcing, it is said, those who are really Christians into any of these compliances: I thought it proper, therefore, to discharge them. Some among those who were accused by a witness in person at first confessed themselves Christians, but immediately after denied it; the rest owned indeed that they had been of that number formerly, but had now (some above three, others more, and a few above twenty years ago) renounced that error. They all worshipped your statue and the images of the gods, uttering imprecations at the same time against the name of Christ. They affirmed the whole of their guilt, or their error, was, that they met on a stated day before it was light, and addressed a form of prayer to Christ, as to a divinity, binding themselves by a solemn oath, not for the purposes of any wicked design, but never to commit any fraud, theft, or adultery, never to falsify their word, nor deny a trust when they should be called upon to deliver it up; after which it was their custom to separate, and then reassemble, to eat in common a harmless meal. From this custom, however, they desisted after the publication of my edict, by which, according to your commands, I forbade the meeting of any assemblies. After receiving this account, I judged it so much the more necessary to endeavor to extort the real truth, by putting two female slaves to the torture, who were said to officiate3 in their religious rites: but all I could discover was evidence of an absurd and extravagant superstition. I deemed it expedient, therefore, to adjourn all further proceedings, in order to consult you. For it appears to be a matter highly deserving your consideration, more especially as great numbers must be involved in the danger of these prosecutions, which have already extended, and are still likely to extend, to persons of all ranks and ages, and even of both sexes. In fact, this contagious superstition is not confined to the cities only, but has spread its infection among the neighbouring villages and country. Nevertheless, it still seems possible to restrain its progress. The temples, at least, which were once almost deserted, begin now to be frequented; and the sacred rites, after a long intermission, are again revived; while there is a general demand for the victims, which till lately found very few purchasers. From all this it is easy to conjecture what numbers might be reclaimed if a general pardon were granted to those who shall repent of their error.

XCVIII

Trajan to Pliny

You have adopted the right course, my dearest Secundus, in investigating the charges against the Christians who were brought before you. It is not possible to lay down any general rule for all such cases. Do not go out of your way to look for them. If indeed they should be brought before you, and the crime is proved, they must be punished;1 with the restriction, however, that where the party denies he is a Christian, and shall make it evident that he is not, by invoking our gods, let him (notwithstanding any former suspicion) be pardoned upon his repentance. Anonymous informations ought not to be received in any sort of prosecution. It is introducing a very dangerous precedent, and is quite foreign to the spirit of our age.

XCIX

To the Emperor Trajan

The elegant and beautiful city of Amastris,2 Sir, has, among other principal constructions, a very fine street and of considerable length, on one entire side of which runs what is called indeed a river, but in fact is no other than a vile common sewer, extremely offensive to the eye, and at the same time very pestilential on account of its noxious smell. It will be advantageous, therefore, in point of health, as well as decency, to have it covered; which shall be done with your permission: as I will take care, on my part, that money be not wanting for executing so noble and necessary a work.

C

Trajan to Pliny

It is highly reasonable, my dearest Secundus, if the water which runs through the city of Amastris is prejudicial, while uncovered, to the health of the inhabitants, that it should be covered up. I am well assured you will, with your usual application, take care that the money necessary for this work shall not be wanting.

CI

To the Emperor Trajan

We have celebrated, Sir, with great joy and festivity, those votive solemnities which were publicly proclaimed as formerly, and renewed them the present year, accompanied by the soldiers and provincials, who zealously joined with us in imploring the gods that they would be graciously pleased to preserve you and the republic in that state of prosperity which your many and great virtues, particularly your piety and reverence towards them, so justly merit.

CII

Trajan to Pliny

It was agreeable to me to learn by your letter that the army and the provincials seconded you, with the most joyful unanimity, in those vows which you paid and renewed to the immortal gods for my preservation and prosperity.

CIII

To the Emperor Trajan

We have celebrated, with all the warmth of that pious zeal we justly ought, the day on which, by a most happy succession, the protection of mankind was committed over into your hands; recommending to the gods, from whom you received the empire, the object of your public vows and congratulations.

CIV

Trajan to Pliny

I was extremely well pleased to be informed by your letter that you had, at the head of the soldiers and the provincials, solemnised my accession to the empire with all due joy and zeal.

CV

To the Emperor Trajan

Valerius Paulinus, Sir, having bequeathed to me the right of patronage1 over all his freedmen, except one, I intreat you to grant the freedom of Rome to three of them. To desire you to extend this favour to all of them would, I fear, be too unreasonable a trespass upon your indulgence; which, in proportion as I have amply experienced, I ought to be so much the more cautious in troubling. The persons for whom I make this request are C. Valerius Astraeus, C. Valerius Dionysius, and C. Valerius Aper.

CVI

Trajan to Pliny

You act most generously in so early soliciting in favour of those whom Valerius Paulinus has confided to your trust. I have accordingly granted the freedom of the city to such of his freedmen for whom you requested it, and have directed the patent to be registered: I am ready to confer the same on the rest, whenever you shall desire me.

CVII

To the Emperor Trajan

P. Attius Aquila, a centurion of the sixth equestrian cohort, requested me, Sir, to transmit his petition to you, in favour of his daughter. I thought it would be unkind to refuse him this service, knowing, as I do, with what patience and kindness you attend to the petitions of the soldiers.

CVIII

Trajan to Pliny

I have read the petition of P. Attius Aquila, centurion of the sixth equestrian cohort, which you sent to me; and in compliance with his request, I have conferred upon his daughter the freedom of the city of Rome. I send you at the same time the patent, which you will deliver to him.

CIX

To the Emperor Trajan

I request, Sir, your directions with respect to the recovering those debts which are due to the cities of Bithynia and Pontus, either for rent, or goods sold, or upon any other consideration. I find they have a privilege conceded to them by several proconsuls, of being preferred to other creditors; and this custom has prevailed as if it had been established by law. Your prudence, I imagine, will think it necessary to enact some settled rule, by which their rights may always be secured. For the edicts of others, how wisely soever founded, are but feeble and temporary ordinances, unless confirmed and sanctioned by your authority.

CX

Trajan to Pliny

The right which the cities either of Pontus or Bithynia claim relating to the recovery of debts of whatever kind, due to their several communities, must be determined agreeably to their respective laws. Where any of these communities enjoy the privilege of being preferred to other creditors, it must be maintained; but, where no such privilege prevails, it is not just I should establish one, in prejudice of private property.

CXI

To the Emperor Trajan

The solicitor to the treasury of the city of Amisis instituted a claim, Sir, before me against Julius Piso of about forty thousand denarii,1 presented to him by the public above twenty years ago, with the consent of the general council and assembly of the city: and he founded his demand upon certain of your edicts, by which donations of this kind are prohibited. Piso, on the other hand, asserted that he had conferred large sums of money upon the community, and, indeed, had thereby expended almost the whole of his estate. He insisted upon the length of time which had intervened since this donation, and hoped that he should not be compelled, to the ruin of the remainder of his fortunes, to refund a present which had been granted him long since, in return for many good offices he had done the city. For this reason, Sir, I thought it necessary to suspend giving any judgment in this cause till I shall receive your directions.

CXII

Trajan to Pliny

Though by my edicts I have ordained that no largesses shall be given out of the public money, yet, that numberless private persons may not be disturbed in the secure possession of their fortunes, those donations which have been made long since ought not to be called in question or revoked. We will not therefore enquire into anything that has been transacted in this affair so long ago as twenty years; for I would be no less attentive to secure the repose of every private man than to preserve the treasure of every public community.

CXIII

To the Emperor Trajan

The Pompeian law, Sir, which is observed in Pontus and Bithynia, does not direct that any money for their admission shall be paid in by those who are elected into the senate by the censors. It has, however, been usual for such members as have been admitted into those assemblies, in pursuance of the privilege which you were pleased to grant to some particular cities, of receiving above their legal number, to pay one1 or two thousand denarii2 on their election. Subsequent to this, the proconsul Anicius Maximus ordained (though indeed his edict related to some few cities only) that those who were elected by the censors should also pay into the treasury a certain sum, which varied in different places. It remains, therefore, for your consideration whether it would not be proper to settle a certain sum for each member who is elected into the councils to pay upon his entrance; for it well becomes you, whose every word and action deserves to be immortalized, to establish laws that shall endure for ever.

CXIV

Trajan to Pliny

I can give no general directions applicable to all the cities of Bithynia, in relation to those who are elected members of their respective councils, whether they shall pay an honorary fee upon their admittance or not. I think that the safest method which can be pursued is to follow the particular laws of each city; and I also think that the censors ought to make the sum less for those who are chosen into the senate contrary to their inclinations than for the rest.

CXV

To the Emperor Trajan

The Pompeian law, Sir, allows the Bithynians to give the freedom of their respective cities to any person they think proper, provided he is not a foreigner, but native of some of the cities of this province. The same law specifies the particular causes for which the censors may expel any member the senate, but makes no mention of foreigners. Certain of the censors therefore have desired my opinion whether they ought to expel a member if he should happen to be a foreigner. But I thought it necessary to receive your instructions in this case; not only because the law, though it forbids foreigners to be admitted citizens, does not direct that a senator shall be expelled for the same reason, but because I am informed that in every city in the province a great number of the senators are foreigners. If, therefore, this clause of the law, which seems to be antiquated by a long custom to the contrary, should be enforced, many cities, as well as private persons, must be injured by it. I have annexed the heads of this law to my letter.

CXVI

Trajan to Pliny

You might well be doubtful, my dearest Secundus, what reply to give to the censors, who consulted you concerning their right to elect into the senate foreign citizens, though of the same province. The authority of the law on one side, and long custom prevailing against it on the other, might justly occasion you to hesitate. The proper mean to observe in this case will be to make no change in what is past, but to allow those senators who are already elected, though contrary to law, to keep their seats, to whatever city they may belong; in all future elections, however, to pursue the directions of the Pompeian law: for to give it a retrospective operation would necessarily introduce great confusion.

CXVII

To the Emperor Trajan

It is customary here upon any person taking the manly robe, solemnising his marriage, entering upon the office of a magistrate, or dedicating any public work, to invite the whole senate, together with a considerable part of the commonalty, and distribute to each of the company one or two denarii.1 I request you to inform me whether you think proper this ceremony should be observed, or how far you approve of it. For myself, though I am of opinion that upon some occasions, especially those of public festivals, this kind of invitation may be permitted, yet, when carried so far as to draw together a thousand persons, and sometimes more, it seems to be going beyond a reasonable number, and has somewhat the appearance of ambitious largesses.

CXVIII

Trajan to Pliny

You very justly apprehended that those public invitations which extend to an immoderate number of people, and where the dole is distributed, not singly to a few acquaintances, but, as it were, to whole collective bodies, may be turned to the factious purposes of ambition. But I appointed you to your present government, fully relying upon your prudence, and in the persuasion that you would take proper measures for regulating the manners and settling the peace of the province.

CXIX

To the Emperor Trajan

The athletic victors, Sir, in the Iselastic1 games, conceive that the stipend you have established for the conquerors becomes due from the day they are crowned: for it is not at all material, they say, what time they were triumphantly conducted into their country, but when they merited that honour. On the contrary, when I consider the meaning of the term Iselastic, I am strongly inclined to think that it is intended the stipend should commence from the time of their public entry. They likewise petition to be allowed the treat you give at those combats which you have converted into Iselastic, though they were conquerors before the appointment of that institution: for it is but reasonable, they assert, that they should receive the reward in this instance, as they are deprived of it at those games which have been divested of the honour of being Iselastic, since their victory. But I am very doubtful, whether a retrospect should be admitted in the case in question, and a reward given, to which the claimants had no right at the time they obtained the victory. I beg, therefore, you would be pleased to direct my judgment in these points, by explaining the intention of your own benefactions.

CXX

Trajan to Pliny

The stipend appointed for the conqueror in the Iselastic games ought not, I think, to commence till he makes his triumphant entry into his city. Nor are the prizes, at those combats which I thought proper to make Iselastic, to be extended backwards to those who were victors before that alteration took place. With regard to the plea which these athletic combatants urge, that they ought to receive the Iselastic prize at those combats which have been made Iselastic subsequent to their conquests, as they are denied it in the same case where the games have ceased to be so, it proves nothing in their favour; for notwithstanding any new arrangements which has been made relating to these games, they are not called upon to return the recompense which they received prior to such alteration.

CXXI

To the Emperor Trajan

I have hitherto never, Sir, granted an order for postchaises to any person, or upon any occasion, but in affairs that relate to your administration. I find myself, however, at present under a sort of necessity of breaking through this fixed rule. My wife having received an account of her grandfather’s death, and being desirous to wait upon her aunt with all possible expedition, I thought it would be unkind to deny her the use of this privilege; as the grace of so tender an office consists in the early discharge of it, and as I well knew a journey which was founded in filial piety could not fail of your approbation. I should think myself highly ungrateful therefore, were I not to acknowledge that, among other great obligations which I owe to your indulgence, I have this in particular, that, in confidence of your favour, I have ventured to do, without consulting you, what would have been too late had I waited for your consent.

CXXII

Trajan to Pliny

You did me justice, my dearest Secundus, in confiding in my affection towards you. Without doubt, if you had waited for my consent to forward your wife in her journey by means of those warrants which I have entrusted to your care, the use of them would not have answered your purpose; since it was proper this visit to her aunt should have the additional recommendation of being paid with all possible expedition.

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[1 ]That is, whether they should be considered in a state of freedom or slavery. M.

[2 ]“Parents throughout the entire ancient world had the right to expose their children and leave them to their fate. Hence would sometimes arise the question whether such a child, if found and brought up by another, was entitled to his freedom, whether also the person thus adopting him must grant him his freedom without repayment for the cost of maintenance.” Church and Brodribb.

[1 ]“This decision of Trajan, the effect of which would be that persons would be slow to adopt an abandoned child which, when brought up, its unnatural parents could claim back without any compensation for its nurture, seems harsh, and we find that it was disregarded by the later emperors in their legal decisions on the subject.” Church and Brodribb.

[1 ]And consequently by the Roman laws unapplicable to any other purpose. M.

[2 ]The Roman provinces in the times of the emperors were of two sorts: those which were distinguished by the name of the provinciae Caesaris and the provinciae senatus. The provinciae Caesaris, or imperial provinces, were such as the emperor, for reasons of policy, reserved to his own immediate administration, or of those whom he thought proper to appoint: the provinciae senatus, or proconsular provinces, were such as he left to the government of proconsuls or praetors, chosen in the ordinary method of election. (Vid. Suet. in Aug. c. 47.) Of the former kind was Bithynia, at the time when our author presided there. (Vid. Masson. Vit. Plin. p. 133.) M.

[1 ]A province in Asia, bordering upon the Black Sea, and by some ancient geographers considered as one province with Bithynia. M.

[2 ]About $2,000. M.

[3 ]Cities of Pontus near the Euxine or Black Sea. M.

[1 ]Gordium, the old capital of Phrygia. It afterwards, in the reign of the Emperor Augustus, received the name of Juliopolis. (See Smith’s Classical Dict.)

[2 ]Pompey the Great having subdued Mithridates, and by that means greatly enlarged the Roman empire, passed several laws relating to the newly conquered provinces, and, among others, that which is here mentioned. M.

[2 ]The right of electing senators did not originally belong to the censors, who were only, as Cicero somewhere calls them, guardians of the discipline and manners of the city; but in process of time they engrossed the whole privilege of conferring that honour. M.

[1 ]This, probably, was some act whereby the city was to ratify and confirm the proceedings of Dion under the commission assigned to him.

[2 ]It was a notion which generally prevailed with the ancients, in the Jewish as well as heathen world, that there was a pollution in the contact of dead bodies, and this they extended to the very house in which the corpse lay, and even to the uncovered vessels that stood in the same room. (Vid. Pot. Antiq. v. ii. 181.) From some such opinion as this it is probable that the circumstance here mentioned, of placing Trajan’s statue where these bodies were deposited, was esteemed as a mark of disrespect to his person.

[1 ]A thriving Greek colony in the territory of Sinopis, on the Euxine.

[1 ]A colony of Athenians in the province of Pontus. Their town, Amisus, on the coast, was one of the residences of Mithridates.

[2 ]Casaubon, in his observations upon Theophrastus (as cited by one of the commentators) informs us that there were at Athens and other cities of Greece certain fraternities which paid into a common chest a monthly contribution towards the support of such of their members who had fallen into misfortunes; upon condition that, if ever they arrived to more prosperous circumstances, they should repay into the general fund the money so advanced. M.

[3 ]By the law for encouragement of matrimony (some account of which has already been given in the notes above), as a penalty upon those who lived bachelors, they were declared incapable of inheriting any legacy by will; so likewise, if being married, they had no children, they could not claim the full advantage of benefactions of that kind.

[1 ]This letter is esteemed as almost the only genuine monument of ecclesiastical antiquity relating to the times immediately succeeding the Apostles, it being written at most not above forty years after the death of St. Paul. It was preserved by the Christians themselves as a clear and unsuspicious evidence of the purity of their doctrines, and is frequently appealed to by the early writers of the Church against the calumnies of their adversaries. M.

[2 ]It was one of the privileges of a Roman citizen, secured by the Sempronian law, that he could not be capitally convicted but by the suffrage of the people; which seems to have been still so far in force as to make it necessary to send the persons here mentioned to Rome. M.

[3 ]These women, it is supposed, exercised the same office as Phoebe mentioned by St. Paul, whom he styles deaconess of the church of Cenchrea. Their business was to tend the poor and sick, and other charitable offices; as also to assist at the ceremony of female baptism, for the more decent performance of that rite: as Vossius observes upon this passage. M.

[1 ]If we impartially examine this prosecution of the Christians, we shall find it to have been grounded on the ancient constitution of the state, and not to have proceeded from a cruel or arbitrary temper in Trajan. The Roman legislature appears to have been early jealous of any innovation in point of public worship; and we find the magistrates, during the old republic, frequently interposing in cases of that nature. Valerius Maximus has collected some instances to that purpose (L. i. c. 3), and Livy mentions it as an established principle of the earlier ages of the commonwealth, to guard against the introduction of foreign ceremonies of religion. It was an old and fixed maxim likewise of the Roman government not to suffer any unlicensed assemblies of the people. From hence it seems evident that the Christians had rendered themselves obnoxious not so much to Trajan as to the ancient and settled laws of the state, by introducing a foreign worship, and assembling themselves without authority. M.

[2 ]On the coast of Paphlagonia.

[1 ]By the Papian law, which passed in the consulship of M. Papius Mutilus and Q. Poppeas Secundus, u. c. 761, if a freedman died worth a hundred thousand sesterces (or about $4,000 of our money), leaving only one child, his patron (that is, the master from whom he received his liberty) was entitled to half his estate; if he left two children, to one-third; but if more than two, then the patron was absolutely excluded. This was afterwards altered by Justinian, Inst. l. iii. tit. 8. M.

[1 ]About $7,000.

[1 ]About $175.

[2 ]About $350.

[1 ]The denarius=17 cents. The sum total, then, distributed among one thousand persons at the rate of, say, two denarii a piece would amount to about $350.

[1 ]These games are called Iselastic from the Greek word εἰσελαυνω, invehor, because the victors, drawn by white horses, and wearing crowns on their heads, were conducted with great pomp into their respective cities, which they entered through a breach in the walls made for that purpose; intimating, as Plutarch observes, that a city which produced such able and victorious citizens, had little occasion for the defence of walls (Catanaeus). They received also annually a certain honourable stipend from the public. M.