University of Virginia Library

Epistle V. To Ursus.

by Mr. Henley.

I Sent you Word, that Varenus insisted on a Right of calling his Witnesses: This was esteem'd by some to be just, by others unequitable, and indeed, obstinate; especially by Licinius Nepos, who in the following Assembly of the Senate, when they proceeded upon other Affairs, made a Speech upon the last Decree, and reviv'd the Cause that was then concluded. He added, that a Petition ought to be made to the Consuls, to move the Senate, that eh Law of solliciting for Places, should be a Precedent for that of Bribery or embezzeling the Publick Treasure; and that in both Cases, the accus'd should be allow'd to produce their Witnesses. Some were displeas'd with this Motion, as late, mis-tim'd, and preposterous; as one, that having pass'd over the proper Time of opposing the Decree, would rectify a thing done, which might have been obviated. Jubentius Celsus, the Prætor, check'd him as a Reformer of the Senate,

in a long and vigorous Speech upon the Subject. Nepos answer'd, Celsus reply'd; neither of them could forbear insulting Language. I will not repeat what I could not hear without Disturbance. This gave me a Dislike to the Conduct of some of the Senate, who pass'd sometimes to the Side of Celsus, then to that of Nepos, as either of them harangu'd: and either provok'd and animated, or appeas'd and reconcil'd them: Often wish'd for the Protection of Trajan, for one or for both, as if they had been at a Prize-fight of Gladiators. But what I thought the most disagreeable, was, that each of them was inform'd of what the other had prepar'd to speak. For Celsus answer'd Nepos from a Paper, and Nepos rejoin'd to Celsus out of his Table-book. The indiscreet Loudness of their Friends was so great, that the two Antagonists knew the very Words of the Quarrel on either Side, as if they had met to communicate them.

Farewell.