Epistle XXI. To Rufus.
by
the Same. [Mr. Henley.]
[_]
On an Edict of Licinius Nepos.
I Went down to the Julian Court, to hear those Advocates, whom I was oblig'd by the last Adjournment to answer.
The Judges had taken their Seats; the Centumviri were enter'd;
the Advocates were plac'd in View; there was a long Silence, and at last,
a Messenger from the Prætor. The Centumviri are dismiss'd; the day is discharg'd of Law Affairs,
to my great Satisfaction, who am never so
readily prepar'd, as not to be pleas'd with a Delay. The Cause of this Discharge was
Nepos the Prætor, who proceeds severely by the Laws in the Cognizance of Causes.
He put out a short Edict, and reminded both the Plantiff and Defendant,
that he would execute the Act of Senate. This Decree of the House was subjoin'd to the Edict.
That all, whatever Process they carry'd on, shou'd be commanded to swear before the Plea,
that they gave, promis'd, or engag'd nothing to any Person for his acting as Advocate.
For all were prohibited by these and a great Number of other Expressions,
either to buy or fell an Advocation. Yet after the Process was terminated,
they were allow'd to give only a Summ of 10000 Sesterces. The Prætor who presides over the
Centumviri, alarm'd at this Step of Nepos, gave us a Dismission,
in order to deliberate, whether he should follow a Precedent he did not expect before.
In the mean time, the Edict of Nepos is both blam'd and applauded,
all over the Town. Many objected, “We have met with some that have redress'd a Mismanagement;
What! Have there been no Prætors before this Fellow? Who is he, that pretends to correct the Publick Proceedings?”
Others on the contrary alledg'd, “That he was much to be commended for this opening of his Office;
He was
acquainted with the Laws, had read the Decrees of the Senate; and thus quells the vile Method of Trafficking for Law;
does not allow the most Honourable of all Things to be expos'd to Sale.”
This is the Talk every where; the Event will decide it on either Hand of the Question.
It is perfectly unjust, but very much in practice, that fair, or ill Measures are approv'd or condemn'd,
as they succeed or miscarry. Hence it is, that commonly the same Actions receive the Name,
sometimes of Diligence, sometimes of Vanity, Freedom, or Madness.
