Epistle XI. To Minutian.
by
the Same. [Mr. Henley]
[_]
On the Cause of the Bætici.
I Can now acquaint you by Letter what Labour I have undergone in the publick Cause of the Province of
Bætica. For it was of a manifold Nature, and often pleaded with great Variety.
Whence was the Variety? Whence the Multiplicity of Pleadings? Cæcilius Classicus,
a profligate Fellow, and barefac'dly wicked, discharg'd the Proconsulate of that country after a manner equally violent,
as sordid, in the same Year as Marius Priscus bore that Office in
Africa. But Priscus came from Bætica, Classicus from
Africk. Hence the Word of the Bætici (as Sorrow often makes a Man witty) not much amiss,
was carry'd about, I have given one bad Officer, and taken another. But
Marius was accus'd publickly by the City only, tho' by many private Persons:
A whole Province fell upon
Classicus. He prevented the Charge, either by an accidental,
or a voluntary Death; for it was infamous, but of a doubtful nature. For as it seem'd probable that he was willing to quit a Life he could not defend,
so it was surprising that he avoided the Shame of Condemnation by dying,
who was not asham'd to commit things worthy of it. Yet the Province persisted in the Accusation of the Deceas'd.
This was settled by the Laws, yet intermitted, and after a long Interval reviv'd.
They added, how many Accomplices and Servants of
Classicus they at once accus'd,
and by Name challeng'd an Enquiry into their Conduct. I was with the
Bætici, and with me
Luccius Albius, a Man copious and elegant in speaking,
with whom I once cultivated a mutual Friendship, that increas'd on this Partnership of Office.
Glory indeed has something incommunicable, especially in Studies; yet between us there was no Dispute,
no Contention, since both of us labour'd for his Cause in
an equal Yoke, not for himself. And the Weight and Service of it restrain'd us from pursuing so burthensome an Affair by single Actions.
We fear'd our Time, Voice, or Strength, would fail us, if we bound up this variety of Charges and Parties at Law in one;
then, lest the Attention of the Judges should not only be fatigu'd, but confounded by the Number of Names and Causes,
or the Favour of particular
Senators mingled and put together, tho' it might be aim'd only at this or that respective Party,
yet it might be extended to all in general; and finally, left Men of the greatest Power,
on a Sacrifice of the Meanest, might escape by the Punishment of others.
For Favour and Address is then most prevailing, when it may be cover'd with a shew of Severity.
Our Plea was assisted by the Instance of
Sertorius, relating to the Horse-Tail,
pulled by the strongest and feeblest Soldier in his Army; you know the rest of it.
For we plainly saw that so numerous a Crowd of Litigants might be with Ease at least overcome,
if we pluck'd them off singly. We first thought it proper to shew that
Classicus was guilty; hence was a just Transition to his Accomplices and Agents;
for they could not be convicted, unless he was demonstrated to be a Criminal.
Of whom we immediately added two to
Classicus, Bebius Probus and
Fabius Hispanus, both Men of Consequence, the latter also distinguish'd
for his Eloquence. Our Work in the Case of
Classicus was short and expeditious;
he had left a Writing under his own Hand of what he receiv'd in each Affair or Cause.
He had likewise sent Letters to a certain Female Acquaintance in Town full of Vanity,
attended with these Expressions; Brave Luck! I shall speedily wait upon you free and unfetter'd:
I have now made up my Sum of 40000 Sesterces, on a Sale of
part belonging to the
Bætici. We had more Employment in relation to
Hispanus and
Probus. Before I enter'd upon their Charge, I thought it necessary to labour the Point of proving their Crimes to be ministerial and subservient.
Unless this were effected, it were in vain to insist on their being Instruments:
For their Defence did not run upon the Negative, but a Petition of Allowance to a Case of Necessity,
founded on their Provincial Relation, and their Confinement to obey all the Commands of the Proconsuls.
Claudius Restitutus, my Respondent, a Man of long Practice and Assiduity,
and ready on the most sudden Emergencies, is ever apt to say, That he is never so much involv'd,
and perplex'd, as when he finds those Topicks cut off and wrested from his Defence,
in which he plac'd his utmost Confidence. The Event of our Plea was this;
The Senate was pleas'd to separate the Effects of
Classicus, which he possess'd before his Trust in the Province, from the Remainder; and
to assign the former to his Daughter, the latter to the injur'd People:
and it was added, That the Money paid by him to his Creditors, should be recall'd.
Hispanus and
Probus were banish'd for the Space of five Years.
So heavy a Charge did that at last appear, which at first was doubted,
whether it were criminal, or no. A few Days after, we indicted
Clavius Fuscus,
the Son-in-Law of
Classicus, and
Stillonius Priscus, who
was Tribune of a Cohort under
Classicus, with a different Issue.
Priscus was interdicted
Italy for two Years;
Fuscus
was acquitted. In the third Action we thought it most Commodious to join a Number together,
lest, if the Cognizance of it was prolong'd farther, the Justice and Severity of the Court should flatten by a tedious Delay,
and a Glut of Business: Otherwise we had lesser Clients in Reserve, that were designedly kept off to this Crisis;
excepting yet the Wife of
Classicus, who was entangled in several Suspicions,
but not sufficiently convicted by clear Evidence: For the Daughter of
Classicus, who was concern'd in the Cause, was not so much as suspected;
so that upon the Close of the Action, when I came to her Name (for there was not an equal Reason,
in the Conclusion, to fear that the Force of the whole Charge should be impair'd by that Circumstance,
as in the opening of it) I thought it the fairest Treatment not to press
upon the Innocent; and I repeated
the same with Freedom and a variety of Expression. For sometimes I ask'd the Deputies whether they gave me Information,
which they presum'd might be disprov'd. Sometimes I submitted it to the Court,
whether they were of opinion, that I ought, if I was Master of any Talent of Speaking,
to aim it, like a Weapon, at the Throat of the Undeserving. And lastly,
I shut up the entire Argument with this Determination. Some will urge,
Do you
then act the Part of a Judge? Truly, no: Yet I cannot forget that I am commission'd from the Judges to be an Advocate.
This was the Bound of this complicated Question: Some were absolv'd; more condemn'd,
and also banish'd for some time; others for ever. By the same Act of the Senate,
our Industry, Fidelity and Constancy, was approv'd by a very full Testimony;
a worthy Recompence of our Labour, and that alone could equal it. You may imagine what a Fatigue it was to us,
to plead and contest a thing so often; to examine, relieve, confute so large a Train of Evidences.
Then besides, how difficult and troublesome it is to deny a thing to the Friends of a Client asking a private question,
and openly to oppose and Antagonist? I will relate to you one Instance of those I have mention'd.
When one of the Judges themselves loudly contradicted me in Favour of a Party in Court that was extremely countenanc'd,
I answer'd, He will be no less innocent, if I speak out all I have to
alledge about him. You may guess
by this what Struggles we underwent, and what Offence we incurr'd, tho' only for a short time:
For Integrity offends those whom it withstands for the present, but is by the same afterwards admir'd and extoll'd.
I could not take a better Method to set the Affair, as present, before your Eyes.
You will say, perhaps, it was not worth my while; for what have I to do to write so long an Epistle?
Do
not then be so frequently enquiring what News in Town? And yet you should remember,
that an Epistle is not long, which comprehends so many Days, Hearings,
Parties at Law and Causes. All which I think I have prosecuted with equal Brevity and Care;
for I now recollect a Point I had forgot, and indeed too late: But however,
tho' it be here preposterously set, it shall be represented. This is the Practice of
Homer, and of many others, in pursuit of his Example: Besides, it is often very graceful and becoming;
yet I shall not use it now for that Reason. One of the Evidences, whether angry that he was call'd out against his Inclination,
or suborn'd by one of the Parties to disarm the Charge, accus'd
Norbanus Licinianus,
a Delegate, and one of the Inquest, of Prevarication in the Cause of
Casta, the Wife of
Classicus, It is provided by Law, that the Accusation of the Criminal first be finish'd,
and then the Question be open'd of Prevarication; because the Credit of the Accuser is
estimated chiefly by the Accusation itself: Yet neither the Order of the Law,
the Name of a Delegate, nor the Office of an Inquisitor, was a Protection to him.
So obnoxious to publick Hatred was a Man, otherwise very dissolute, and that us'd the Times of
Domitian, like many others; and then elected by the Province to enquire,
not because he was good and faithful, but an
Enemy to
Classicus. He was banish'd by him, and requir'd a Day to be allow'd him for the clearing of his Crimes,
but obtain'd neither. He was compell'd forthwith to put in his Answer.
He did so. The perverse and deprav'd Cast of the Man, gives me a Doubt whether it was perform'd with Confidence,
or Firmness. Certain it is, it was carry'd on very readily. Many Objections were laid to him,
that hurt him more than his Prevarication. Besides, two Consular Men,
Pomponius Rufus, and
Libo Frugi, wounded him with an Evidence,
that, under
Domitian, he assisted in Court the Accusers of
Salvius Liberalis. He was condemn'd, and order'd to be transported to an Island.
And so, when I accus'd
Casta, I push'd nothing more, than that her other Accuser should fall by a Charge of Prevarication.
Yet I urg'd it in vain; for an Incident happen'd that was cross and new,
that when the Plaintiff was condemn'd for Prevarication, the Defendant was
acquitted. Do you ask what I was employ'd about during this Transaction? I declar'd to the Senate, that I learnt this publick Cause of
Norbanus, and ought to have it a-new inculcated, if he was prov'd to be a Prevaricator.
And so, while he was in Suit, I sat down; and afterwards
Norbanus
was present every Day of Hearing, and supported the same, either Constancy,
or Assurance, to the last. I now put a Question to my self, whether I have made an Omission;
more than once I have been on the borders of it. On the last Day,
Salvius Liberalis
gave a sharp Reproof to the other Delegates, as if they had not brought all to the Bar that were commanded by the Province to be arraign'd;
and, as he is vehement and eloquent, drew them into some Hazard. I protected the Gentlemen,
worthy as they were, and generally grateful. Indeed they often proclaim it an Obligation to me,
that they escap'd the coming Storm. This shall be the End of my Epistle;
the Close of it in good Earnest. I will not add a Letter, tho' I should find I have pass'd over any Particular.
