University of Virginia Library

Epistle XI. Pliny to Arrian.

by A. Z. and Mr. Henley

YOU us'd to be wonderfully delighted, when any Thing pass'd in the Senate, which was more than ordinarily worthy of that august Assembly: From whence, tho' your Health perhaps has oblig'd you to retire, because of the Fatigue; yet you still are employing your Thoughts in a generous Concern for the publick Honour.

A Report therefore mayn't be unacceptable to you, of what has lately been enacted within those Walls; in a Point no less famous for the Quality of the Criminal, than beneficial by the strict Settlement of a Precedent, and ever memorable for its important Consequence.

Marius Priscus, upon an Information from Africa, where he had been their Proconsul, declin'd, it seems, to be try'd at the Tribunal of that House, insisting upon a regular Process in Course of Law.

Cornelius Tacitus and I, being by Appointment retain'd for the Appellants, thought is incumbent upon us to acquaint the Legislature, That the Cruelty and Barbarity of Priscus's

Administration had exceeded the Nature of such Crimes, as are properly cognizable by inferior Courts of Judicature; the Charge being no less, than the receiving several Sums of Money for influencing the Condemnations, and warranting the Executions of divers innocent Persons.

One of the Counsel for the Defendant was Fronto Catius, who earnestly sollicited to fix the whole Accusation upon no other Foot, than the particular Statutes against Bribery; and, being exquisitely skill'd at moving the Passions, fill'd all the Sails, as 'twere, of his Pleading with a certain Air of Commiseration.

A warm Debate arose, and was carry'd on with no little Vehemence o' both Sides; some maintaining that the Senate was precluded from Enquiries of this Sort, by having repos'd 'em in the Hands, of the Law; others, that the free and absolute Jurisdiction was upon Occasion perpetually resident in themselves, and that the Punishment ought to be proportion'd to the Misdemeanour.

At last, Julius Ferox being Consul elect, and a Man of great Justice and Integrity, propos'd to remit Marius himself to the subordinate Judges; and rather to cite those before the House, who had been guilty of purchasing such horrid Iniquities of him.

This Motion however, did not by any Means prevail, but was drop'd single and unseconded after all the Bustle; for 'tis by Experience no unusual

Remark, that the tender Inclination shall make vigorous Efforts at first, and yet vanish afterwards, by a gradual Submission, to the overswaying Dictates of Reason. And hence it is, that so many are apt to espouse, under a joint and confus'd Clamour, what few or none would care separately to Patronize in a silent Audience; for there's a strange Eclaircissement of Things in a Stillness, which lie lazy and undiscern'd, whilst a Man is in the buzz of a Crowd.

Vitellius Honoratus, and Flavius Martianus attended, according to Order; the former of 'em being impeach'd of having procur'd the Banishment of a Roman Knight, and the very Deaths of seven of his Friends, at the Price of Three Hundred Thousand Sesterces; the latter, of expending Seven Hundred Thousand of the same Coin, for inflicting still a greater variety of Penalties upon one single Person of the Equestrian Rank; which injur'd Gentleman was first Bastinado'd, then condemn'd to the Mines, and at last strangled in the Dungeon.

Honoratus happen'd to make his Escape from Justice, by opportunely dying in the very nick of Time.

Martianus being brought before the House, in the Absence of Priscus; Tutius Cerealis, who had formerly been Consul, insisted upon Privilege, that the latter shou'd be appriz'd of it; either in Pity, or to render him more Odious

perhaps, by showing his Face; or, as I rather imagine, in an equitable Consideration, that the joint Crime shou'd be together defended, or upon Conviction impartially punished. 'Twas adjourn'd however to their next Meeting, the very Appearance of which was surprisingly Venerable.

The Emperor himself, as Consul, presided. 'Twas likewise the Month of January, as in many other respects, particularly Remarkable for a full Senate. But, besides the Season of the Year; the very Weight of the Cause, the natural Rise of Expectation from Delay, the Rumour of the Thing, and the human Fondness for Rarity or Novelty, had now summon'd every individual Member.

You may easily guess what a Confusion we were in, to be oblig'd to speak upon such a Point, in such an Assembly, and before such a Cæsar! For my own Part, I had already pleaded there oftner than once; nor indeed was I ever heard with greater Indulgence in any other Place; and yet, upon this critical Emergence, every Thing appeared fresh, uncommon, and terrifying to me.

Besides the forementioned Difficulties, I must fairly confess to you another Scruple. Sometimes Priscus ran in my Head, as distinguish'd by Consular-Dignity: Then again I consider'd him as one of the seven Overseers of the Festival-Sacrifices; and the very next Moment as degraded and strip'd of both! Now, thought

I, will it look hard in me, to exaggerate Matters against a Man, whom every body reckons as already Cast; the flagrance of whose Guilt, tho' all are sensible of, they may yet be apt inwardly to favour him, from a natural Pity for his presumptive Condemnation. However, I recollected my Reason and took Courage.

As soon as I open'd my Lips, the candour of the Audience was as great, as my Fright had been. I went on, I believe, very near five Hours; for, besides the ten large Water-Clocks at first granted me, I had the Allowance of four more. Such a Difference is there, between the Perplexity of Premeditation, and the volubility of actual Speaking!

Trajan indeed himself was pleas'd to show so much Kindness and Care, I presume not to say Concern, for me, as frequently to admonish my Freed-man, who stood behind me, that I ought to spare my Voice and save my Lungs, whenever his Imperial Majesty apprehended that I exerted my self beyond the slightness of my Constitution.

I was reply'd to by Claudius Marcellinus, who was Advocate for Martianus, and then the House adjourned to the Day following, since no further Proceeding could the begin, without the Sun-set coming upon it.

In the Morning Marius was supported by Salvius Liberalis, a Man of great Subtilty, Exactness, Smartness, and Elocution;

and who, in this Cause, made Use of every one of his Faculties.

Cornelius Tacitus made a very eloquent, and (which is the Perfection of his manner of Pleading) a very weighty Reply. Fronto Catius again spoke excellently well for Marius; and as then the Occasion required, made a longer Stay on his Petition, than the Defence. His Plea took up that Evening, but did not end with it. So that the Proofs and Evidence were extended to the third Day. It was a Circumstance very great and distinguishing, and like the Ancients; for the Senate, after a Summons, and a Session of three Days, to break up in the Night. Cornutus Tertullus, design'd Consul, a Man of Note, and a zealous Advocate for the Truth, adjudged it, That the 700000 Sesterces, receiv'd by Marius, should be confiscated, and himself interdicted the City and Italy; that Martianus, besides that, should be interdicted Afric. He added, in the Conclusion of his Sentence, That I and Tacitus perform'd the Office of Advocate, that was enjoyn'd us, with Care and Courage; and that the Senate was of Opinion, That we had behav'd our selves in a manner becoming our Charge. This was agree'd to by the design'd Consuls, and by all the Consular-Men, as far as Pompeius Collega. He was for the Confiscation,

and a five Year's Banishment of Martianus; and for leaving Marius under the Penalty of Bribery, which he now suffer'd: There was a Multitude of Votes on both sides; but perhaps more in the latter, either somewhat eas'd or soften'd. For even some of those that appear'd to give their Assent to Cornutus, follow'd him that gave Sentence after them. But when a Separation was made, they who stood by the Seats of the consuls, began to go among the Votes of Cornutus; and then they, who suffer'd themselves to be reckon'd of the Party of Collega, pass'd on the other side: Collega was left with a few, and complain'd very much afterward of his Leaders, especially of Regulus, who deserted him in a Sentence that he himself had propos'd.

But in other Cases, Regulus is of so changeable a Temper, as to be mov'd equally by the Extreams of Daring and Fear. This put an end to this extensive Action; yet there remain'd an Office to discharge that was not inconsiderable; Hostilius Firminus, the Delegate of Marius, who was taken into the Cause, and warmly pursu'd. For he was prov'd, by the Accounts of Martianus, and by his own Discourse on the Bench of the Decurions of Leptis, to have lent his Assistance to Priscus in a very dishonourable Service, and to have contracted, on the Account of Martianus, for 50000 Denarii; and to have received besides 10000 Sesterces, on an ill Title, in the

Name of a Perfumer, which was agreeable enough to the Life of a Man, that was always delicate and nice in his Dress and Figure. Cornutus decreed, That his Affair should be referr'd to the next Senate, for then he was absent; whether by Chance, or Design, is uncertain. These are the principal Occurrences of the Town: Now let me have in return, the News of the Country: How you go on with your Nursery of Greens, your Vineyards, your Corn, your Cattle. In fine, If you do not make up an Epistle of equal Length, you have no Reason to expect any other, than a very short one, for the future.