1. Pliny The Younger, Letters, 1.10, 3.9 (2nd cent. CE - 2nd cent. CE)
Tagged with subjects: • Claudianus Mamertus
Found in books: Hanghan (2019) 37, 86; Hitch (2017) 37, 86
| 1.10. To Attius Clemens. If ever there was a time when this Rome of ours was devoted to learning, it is now. There are many shining lights, of whom it will be enough to mention but one. I refer to Euphrates the philosopher. * I saw a great deal of him, even in the privacy of his home life, during my young soldiering days in Syria, and I did my best to win his affection, though that was not a hard task, for he is ever easy of access, frank, and full of the humanities that he teaches. I only wish that I had been as successful in fulfilling the hopes he then formed of me as he has been increasing his large stock of virtues, though possibly it is I who now admire them the more because I can appreciate them the better. Even now my appreciation is not as complete as it might be. It is only an artist who can thoroughly judge another painter, sculptor, or image-maker, and so too it needs a philosopher to estimate another philosopher at his full merit. But so far as I can judge, Euphrates has many qualities so conspicuously brilliant that they arrest the eyes and attention even of those who have but modest pretensions to learning. His reasoning is acute, weighty, and elegant, often attaining to the breadth and loftiness that we find in Plato. His conversation flows in a copious yet varied stream, strikingly pleasant to the ear, and with a charm that seizes and carries away even the reluctant hearer. Add to this a tall, commanding presence, a handsome face, long flowing hair, a streaming white beard - all of which may be thought accidental adjuncts and without significance, but they do wonderfully increase the veneration he inspires. There is no studied negligence in his dress, it is severely plain but not austere; when you meet him you revere him without shrinking away in awe. His life is purity itself, but he is just as genial; his lash is not for men but for their vices; for the erring he has gentle words of correction rather than sharp rebuke. When he gives advice you cannot help listening in rapt attention, and you hope he will go on persuading you even when the persuasion is complete. He has three children, two of them sons, whom he has brought up with the strictest care. His father-in-law is Pompeius Julianus, a man of great distinction, but whose chief title to fame is that though, as ruler of a province, he might have chosen a son-in-law of the highest social rank, he preferred one who was distinguished not for social dignities but for wisdom. Yet why describe at greater length a man whose society I can no longer enjoy? Is it to make myself feel my loss the more? For my time is all taken up by the duties of an office - important, no doubt, but tedious in the extreme. I sit on the magistrates' bench; I countersign petitions, I make out the public accounts; I write hosts of letters, but what unliterary productions they are! ** Sometimes - but how seldom I get the opportunity - I complain to Euphrates about these uncongenial duties. He consoles me and even assures me that there is no more noble part in the whole of philosophy than to be a public official, to hear cases, pass judgment, explain the laws and administer justice, and so practise in short what the philosophers do but teach. But he never can persuade me of this, that it is better to be busy as I am than to spend whole days in listening to and acquiring knowledge from him. That makes me the readier to urge you, whose time is your own, to let him put a finish and polish upon you when you come to town, and I hope you will come all the sooner on that account. I am not one of those - and there are many of them - who grudge to others the happiness they are debarred from themselves; on the contrary, I feel a very lively sense of pleasure in seeing my friends abounding in joys that are denied to me. Farewell. 0 " '
3.9. To Cornelius Minicianus. I can now give you a full account of the enormous trouble entailed upon me in the public trial brought by the Province of Baetica. It was a complicated suit, and new issues kept constantly cropping up. Why this variety, and why these different pleadings? you well ask. Well, Caecilius Classicus - a low rascal who carries his villainy in his face - had during his proconsulship in Baetica, in the same year that Marius Priscus was Governor of Africa, behaved both with violence and rapacity. Now, Priscus came from Baetica and Classicus from Africa, and so there was a rather good saying among the people of Baetica, for even resentment often inspires wit I was acting for the Province, assisted by Lucceius Albinus, an eloquent and ornate speaker, and though we have long been on terms of the closest regard for one another, our association in this suit has made me feel vastly more attached to him. As a rule, and especially in oratorical efforts, people do not run well in double harness in their striving for glory, but he and I were not in any sense rivals and there was no jealousy between us, as we both did our level best, not for our own hand, but for the common cause, which was of such a serious character and of such public importance that it seemed to demand from us that we should not over-elaborate each single pleading. We were afraid that time would fail us, and that our voices and lungs would break down if we tied up together so many charges and so many defendants into one bundle. Again, we feared that the attention of the judges would not only be wearied by the introduction of so many names and charges, but that they would be confused thereby, that the sum-total of the influence of each one of the accused might procure for each the strength of all, and finally we were afraid lest the most influential of the accused should make a scapegoat of the meanest among them, and so slip out of the hands of justice at the expense of someone else - for favour and personal interest are strongest when they can skulk behind some pretence of severity. Moreover, we were advised by the well-known story of Sertorius, who set two soldiers - one young and powerful, and the other old and weak - to pull off the tail of a horse. You know how it finishes. And so we too thought that we could get the better of even such a long array of defendants, provided we took them one by one. Our plan was first to prove the guilt of Classicus himself; then it was a natural transition to his intimates and tools, because the latter could never be condemned unless Classicus were guilty. Consequently, we took two of them and closely connected them with Classicus, Baebius Probus and Fabius Hispanus, both men of some influence, while Hispanus possesses a strong gift of eloquence. To prove the guilt of Classicus was an easy and simple task that did not take us long. He had left in his own handwriting a document showing what profits he had made out of each transaction and case, and he had even despatched a letter couched in a boasting and impudent strain to one of his mistresses containing the words, "Hurrah! hurrah! I am coming back to you with my hands free; * for I have already sold the interests of the Baetici to the tune of four million sesterces." But we had to sweat to get a conviction against Hispanus and Probus. Before I dealt with the charges against them, I thought it necessary to establish the legal point that the execution of an unjust sentence is an indictable offence, for if I had not done this it would have been useless for me to prove that they had been the henchmen of Classicus. Moreover, their line of defence was not a denial. They pleaded that they could not help themselves and therefore were to be pardoned, arguing that they were mere provincials and were frightened into doing anything that a proconsul bade them do. Claudius Restitutus, who replied to me, a practised and watchful speaker who is equal to any emergency however suddenly sprung up upon him, is now going about saying that he never was so dumbfounded and thrown off his balance as when he discovered that the ground on which he placed full reliance for his defence had been cut from under him and stolen away from him. Well, the outcome of our line of attack was as follows In the third action, we thought our best course was to lump the defendants together, fearing lest, if the trial were to be spun out to undue length, those who were hearing the case would grow sick and tired of it, and their zeal for strict justice and severity would abate. Besides, the accused persons, who had been designedly kept over till then, were all of comparatively little importance, except the wife of Classicus, and, although suspicion against her was strong, the proofs seemed rather weak. As for the daughter of Classicus, who was also among the defendants, she had cleared herself even of suspicion. Consequently, when I reached her name in the last trial - for there was no fear then as there had been at the beginning that such an admission would weaken the force of the prosecution - I thought the most honourable course was to refrain from pressing the charge against an innocent person, and I frankly said so, repeating the idea in various forms. For example, I asked the deputation of the Baetici whether they had given me definite instructions on any point which they felt confident they could prove against her; I turned to the senators and inquired whether they thought I ought to employ what eloquence I might possess against an innocent person, and hold, as it were, the knife to her throat; and, finally, I concluded the subject with these words Well, the conclusion of this trial, with its crowd of defendants, was that a certain few were acquitted, but the majority were condemned and banished, some for a fixed term of years, and others for life. In the same decree the senate expressed in most handsome terms its appreciation of our industry, loyalty, and perseverance, and this was the only possible worthy and adequate reward for the trouble we had taken. You can imagine how worn out we were, when you think how often we had to plead, and answer the pleadings of our opponents, and how many witnesses we had to cross-question, encourage, and refute. Besides, you know how trying and vexatious it is to say "no" to the friends of the accused when they come pleading with you in private, and to stoutly oppose them when they confront you in open court. I will tell you one of the things I said. When one of those who were acting as judges interrupted me on behalf of one of the accused in whom he took a special interest, I replied I have brought you up to date as well as I could. You will say, "It was not worthwhile, for what have I to do with such a long letter?" If you do, don\'t ask again what is going on at Rome, and bear in mind that you cannot call a letter long which covers so many days, so many trials, and so many defendants and pleadings. I think I have dealt with all these subjects as briefly as I am sure they are exactly dealt with. But no, I was rash to say "exactly"; I remember a point which I had omitted, and I will tell you about it even now, though it is out of its proper place. Homer does this, and many other authors have followed his example - with very good effect too - though that is not my reason for so doing. One of the witnesses, annoyed at being summoned to appear, or bribed by some one of the defendants in order to weaken the prosecution, laid an accusation against Norbanus Licinianus, a member of the deputation, who had been instructed to get up the case, and charged him with having acted in collusion with the other side in relation to Casta, the wife of Classicus. It is a legal rule in such instances that the trial of the accused must be finished before inquiry is made into a charge of collusion, on the ground that one can best form an opinion on the sincerity of the prosecution by noticing how the case has been carried through. However, Norbanus reaped no advantage from this point of law, nor did his position as member of the deputation, nor his duties as one of those getting up the action stand him in good stead. A storm of prejudice broke out against him, and there is no denying that his hands were crime-stained, that he, like many others, had taken advantage of the evil times of Domitian, and that he had been selected by the provincials to get up the case, not as a man of probity and honour, but because he had been a personal enemy of Classicus, by whom, indeed, he had been banished. He demanded that a day should be fixed for his trial, and that the charge against him should be published; both were refused, and he was obliged to answer on the spot. He did so, and though the thorough badness and depravity of the fellow make me hesitate to say whether he showed more impudence or resolution, he certainly replied with great readiness. There were sundry things brought against him which did him much greater damage than the charge of collusion, and two men of consular rank, Pomponius Rufus and Libo Frugi, severely damaged him by giving evidence to the effect that during the reign of Domitian he had assisted the prosecution of Salvius Liberalis before the judge. He was convicted and banished to an island. Consequently, when I was accusing Casta, I especially pressed the point that her accuser had been found guilty of collusion. But I did so in vain, and we had the novel and inconsistent result that the accused was acquitted though her accuser was found guilty of collusion with her. You may ask what we were about while this was going on. We told the senate that we had received all our instructions for this public trial from Norbanus, and that the case ought to be tried afresh if he were proved guilty of collusion, and so, while his trial was proceeding, we sat still. Subsequently Norbanus was present every day the trial lasted, and showed right up to the end the same resolute or impudent front. I wonder if I have forgotten anything else. Well, I almost did. On the last day Salvius Liberalis bitterly assailed the rest of the deputation on the ground that they had not brought accusations against all whom they were commissioned to accuse by the province. He is a powerful and able speaker, and he put them '". None |
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