Epistle IX. To Ursus.
by
the Same. [Mr. Henley.]
[_]
On the Cause of Bassus in the Senate.
JULIUS Bassus, for some Days past, has been solliciting his Cause;
a Man that has gone through great Employments, and has been distinguish'd by his very Calamities.
He was accus'd by two private Appellants under Vespasian; when admitted to plead in Senate;
he was depending a long Time, but at last was absolv'd and dismiss'd with Costs and Damages.
He stood in fear of Titus as a Friend of Domitian, but was banish'd by
Domitian, and recall'd by Nerva; and having Bythinia
allotted to him, he came back from his Post, with an Action laid against him;
as warmly
accus'd as he was faithfully defended. The Sentences that past upon him were various,
yet the Majority was in a manner the more gentle.
Pomponius Rufus pleaded against him, one that is ready and Vehement.
To Rufus succeeded Theophanes, one of the Deputies of the Province,
the Head, Cause and Incendiary of the whole Action. I was of counsel for the Defendant.
For Bassus enjoin'd me to lay the Foundation of the entire Defence,
to enlarge upon his Advantages, which were great, from the Distinction of his Blood,
and from his very Disasters: To speak of the Measures by which he had offended all of the most factious kind;
as for Instance, that very Theophanes.
He committed it likewise to me, to obviate the Crime that bore hardest upon him;
for in other Articles, tho' more shocking to mention, he did not only merit a Discharge,
but Applause. What loaded him was, that, plain and unwary as he had been,
he receiv'd a few Considerations from the People of the Province, as a Friend;
for he was Quæstor in the same Province. To these his Accusers gave the Name of Theft and Rapine;
but he term'd them Presents. Yet the very receiving of Gifts is prohibited by the Law.
In this Difficulty what could I contrive? What Road of Defence could I go into?
Should I deny it, I was afraid it should then appear
a Robbery in good Earnest from a Shyness to acknowledge it. Besides, to deny a Fact that was notorious,
was the way to inflame, not to lessen a Crime. Especially, when my Client himself had put all out of the Power of his Advocates;
for he had assur'd many, and even the Emperor, that he had only receiv'd a few small Acknowledgments,
meerly on his Birth Day, or in the Feasts of
Saturn; and sent them to a Number of Hands.
Well; should I then implore the Pardon of the House? That were to give a Stab to my Client,
in allowing him a Delinquent so far, that he cou'd not be sav'd without an Act of Grace.
Should I insist, it was justly done? I shou'd not in that Case, have serv'd him,
but stood my self with a mark of Impudence upon me.
In this Embarrassment, I thought it the most proper to keep a middle Path;
and I think I did so. The Night determin'd my Pleading as it often ends a Battle.
I had spoke three House and an half, and still had one Hour and Half in Reserve.
For since by Law the Plantiff had a Right to fix Hours, the Defendant to nine;
my Client had so divided my Time between me, and him that was to speak after,
that I took up five Hours, and he was assign'd the Remainder.
The Success of my Plea perswaded me to be silent and close it. for it is indiscreet not to be content with good Fortune.
Than I was afraid, that my bodily Vigour would fail
me on the Repetition of a Toil, which it is harder to resume, on a Break,
than to pursue before. And there was some Danger, lest the remaining Part of my Defence,
should appear cold, by laying it down, or tedious, by reviving it. for as a Torch preserves the Fire by a constant Agitation,
but very hardly recovers it if once extinguish'd; so, both the Warmth of the Speaker,
and the Attention of the Hearer, is maintain'd by Continuance, but languishes by an Interval,
and a Remission.
However, Bassus implor'd me with repeated Prayers, and almost with Tears,
to compleat my set Time. I comply'd with him, and preferr'd his Convenience to my own.
It had a good Event; I found the Minds of the Senate so rais'd and fresh,
that they appear'd rather to be fir'd than satiated with the former Pleading.
Next to me, was Lucius Albinus, who succeeded me in so apt a manner,
that our Speaking might be imagin'd to have the Variety of two, and yet the Contexture of one.
Herennius Pollio made a pressing and weighty Answer, and then
Theophanes again: For to all his shameless Conduct, he added this Step,
in challenging a longer Time, after two Persons of fam'd Eloquence, and past the Consulship.
He spoke 'till Night approach'd, nay, in the Night, by Candle Light.
On the following Day
Titius Homulus, and
Fronto pleaded in Favour of
Bassus, surprizingly well; the Proofs and Evidence Employ'd the fourth Day.
Bæbius Macer, design'd Consul, gave Sentence, that
Bassus
was obnoxious to the Law against Bribery;
Cæpio Hispo decided,
that saving his Dignity of a Senator, Judges were to be allow'd him. Both rightly.
How can this be, you will urge, when their Censure was so different? Why,
because it was very consistent for
Macer, as he had the Law in his Eye,
to condemn a Person who accepted of Presents against the Law; and since
Cæpio was of Opinion, that the Senate enjoys a Power, as it certainly does,
both to mitigate and extend the Laws, it was not without Reason, that he gave this Indulgence to a Fact that was indeed prohibited,
and yet not uncommon. The Opinion of
Cæpio prevail'd; nay, as he rose up to declare the Sentence,
an Acclamation was made to him, as it usually
is, to those that resume their Seats after it. By which you may infer, with what Harmony the Thing was receiv'd,
when he actually spoke it; since it was so favourably entertain'd, when he appear'd ready to utter it.
Yet the Judgments of Men are divided into two Parties, as well in the Senate as in the City.
For they who approv'd the Determination of
Cæpio, reprehended that of
Macer as hard and rigid; and they, who came into the latter, call'd the former too easy,
loose,
and, indeed, absurd. for they deny it to be at all consistent, to retain a Man in the Senate,
when Judges are set upon his Crimes. There was likewise a third Opinion.
Valerius Paulinus, who gave his Assent to
Cæpio, thought likewise
Theophanes should be call'd to Account, after he had ended his Commission:
For he argu'd, That he had acted several Things in the Charge, that fell within the very same Law on which he had accus'd
Bassus. But the Consuls did not pursue this Motion, tho' it was extremely agreeable to the Majority of the House;
yet
Paulinus carry'd off the Credit of Integrity and Courage in it.
When the House adjourn'd,
Bassus was caress'd by a great Concourse of People,
loud Applauses, and signal Marks of Joy. The antient Memory of his past Dangers thus renew'd,
a Name well known and celebrated for severe Hazards of Fortune, and the Figure of a melancholly and neglected old Age,
in a tall make of Body. You shall take this Letter between whiles, as
an Usher to another; and expect the Pleading it self, full and copious:
This you must wait for a considerable Time; for as it is a Matter of such Importance,
it must not be repeated in a light and cursory Manner.
