Epistle XIV. To Valerian.
by
the Same. [Mr. Henley.]
[_]
On the Event of the former Affair, relating to Thuscillus.
YOU desir'd me, and I have promis'd on your Request, to inform you of the Success of a Charge exhibited by
Nepos, against Thuscillus Nominatus. He was brought into Court:
He pleaded his own Cause, without the Appearance of any Person against him,
For the Deputies of the Vicentins did not only forbear to press him,
but favour'd and reliev'd him. The Sum of his Defence, was, That he was not wanting in Fidelity as an Advocate,
but in Courage: That he came from his House with a Resolution to plead,
and was also visibly present in Court; and retir'd afterwards, as aw'd by the Admonitions of his Friends;
for he was advis'd, not so warmly to oppose the Will of a Senator, who did not on this Occasion dispute so much for a Fair,
as contend in Favour of his own Credit, Honour,
and Dignity; especially before the House. This was, indeed, true;
but not favourably receiv'd by many. To this he added, Supplications,
and abundance of Tears. And really, in the whole Pleading, practis'd as he was in the Art of Speaking,
he endeavour'd to appear more with the Air of a Petitioner, than an Advocate;
for this was more insinuating and more sure. He was acquitted by the Suffrage of
Afranius Dexter, design'd Consul; and this was the Substance of his Absolution:
“That
Nominatus would indeed have acted better, had he carry'd on the Cause of the
Vicentins with the same Spirit as he begun it; yet, since he did not commit this Fault with an unfair Design,
and was not prov'd to have incurr'd any Crime that deserv'd a publick Censure,
he ought to be discharg'd, on his restoring to the
Vicentins, what he had receiv'd from them.”
All agreed to this except
Flavius Aper; he was of Opinion, that he should be suspended the Office of an Advocate, during the Space
of five Years; and tho' his Authority drew in no Second, yet he persisted in his Judgment.
Nay, he oblig'd
Dexter, who was the first that gave a different Vote,
on alledging the Law about holding the Senate, to swear, that what he thought,
was beneficial to the Commonwealth: Several Persons oppos'd this, though a Just Proposition:
For it seem'd to tax him, who gave the first Opinion, with Corruption.
But before the Voices were gather'd,
Nigrinus, a Tribune of the People, made a strong and eloquent Remonstrance;
in which he complain'd, that Pleadings, and even the Prevarications of them were set to Sale;
that Law-Suits were a meer Trade; and that instead of Glory and Reputation alone,
great a constant Revenues arose from the Spoils of the Citizens. He produc'd the Heads of Laws,
and quoted Acts of the Senate: And at the Close, made a Motion, that an Address should be made to the Emperor,
to remedy such Abuses himself, since the Laws and Decrees of the Senate were trampled upon.
This was done in a few Days, and the Edict of the Emperor was severe,
and yet moderate. I refer you to the Reading of it in the Publick Records.
What a Pleasure is it to me, that I have not only kept clear in my Pleadings,
not only of clandestine Bargains, Gifts, Presents, but even the Offers of my Friends! Indeed a Man ought to avoid what is dishonest,
not so much as it is unlawful, as because it is shameful; yet,
it is agreeable to see a Thing publickly prohibited, which a Man has never allow'd himself to Practice.
Perhaps, nay, undoubtedly, there will be less Honour and Reputation in this Proceeding of mine,
when all shall do out of Necessity, what I acted in a voluntary Manner.
In the mean time, I enjoy a Pleasure, when some call me Fortuneteller,
and others often tel me, by way of
Railery and Joke, that they have disappointed my Avarice and Rapine.
Farewell.
