Chapter 21

I RETURN you my warmest acknowledgments, Sir, that, among the many important occupations in which you are engaged you have condescended to be my guide on those points on which I have consulted you: a favour which I must now again beseech you to grant me. A certain person presented himself with a complaint that his adversaries, who had been banished for three years by the illustrious Servilius Calvus, still remained in the province: they, on the contrary, affirmed that Calvus had revoked their sentence, and produced his edict to that effect. I thought it necessary therefore to refer the whole affair to you. For as I have your express orders not to restore any person who has been sentenced to banishment either by myself or others so I have no directions with respect to those who, having been banished by some of my predecessors in this government, have by them also been restored. It is necessary for me, therefore, to beg you would inform me, Sir, how I am to act with regard to the above- mentioned persons, as well as others, who, after having been condemned to perpetual banishment, have been found in the province without permission to return; for cases of that nature have likewise fallen under my cognisance. A person was brought before me who had been sentenced to perpetual exile by the proconsul Julius Bassus, but knowing that the acts of Bassus, during his administration, had been rescinded, and that the senate had granted leave to all those who had fallen under his condemnation of appealing from his decision at any time within the space of two years, I enquired of this man whether he had, accordingly, stated his case to the proconsul. He replied he had not. I beg then you would inform me whether you would have him sent back into exile or whether you think some more severe and what kind of punishment should be inflicted upon him, and such others who may hereafter be found under the same circumstances. I have annexed to my letter the decree of Calvus, and the edict by which the persons above-mentioned were restored, as also the decree of Bassus.

LXV -- TRAJAN TO PLINY

I WILL let you know my determination concerning those exiles which were banished for three years by the proconsul P. Servilius Calvus, and soon afterwards restored to the province by his edict, when I shall have informed myself from him of the reasons of this proceeding. With respect to that person who was sentenced to perpetual banishment by Julius Bassus, yet continued to remain in the province, without making his appeal if he thought himself aggrieved (though he had two years given him for that purpose), I would have sent in chains to my praetorian prefects: [1043b] for, only to remand him back to a punishment which he has contumaciously eluded will by no means be a sufficient punishment.

LXVI -- To THE EMPEROR TRAJAN

WHEN I cited the judges, Sir, to attend me at a sessions [1044b] which I was going to hold, Flavius Archippus claimed the privilege of being excused as exercising the profession of a philosopher. [1045b] It was alleged by some who were present that he ought not only to be excused from that office, but even struck out of the rolls of judges, and remanded back to the punishment from which he had escaped, by breaking his chains. At the same time a sentence of the proconsul Velius Paullus was read, by which it appeared that Archippus had been condemned to the mines for forgery. He had nothing to produce in proof of this sentence having ever been reversed. He alleged, however, in favour of his restitution, a petition which he presented to Domitian, together with a letter from that prince, and a decree of the Prusensians in his honour. To these he subjoined a letter which he had received from you; as also an edict and a letter of your august father confirming the grants which had been made to him by Domitian. For these reasons, notwithstandng crimes of so atrocious a nature were laid to his charge, I did not think proper to determine anything concerning him, without first consulting with you, as it is an affair which seems to merit your particular decision. I have transmitted to you, with this letter, the several allegations on both sides.

DOMITIAN'S LETTER TO TERENTIUS MAXIMUS

"Flavius Archippus the philosopher has prevailed with me to give an order that six hundred thousand sesterces [1046b] be laid out in the purchase of an estate for the support of him and his family, in the neighbourhood of Prusias, [1047b] his native country. Let this be accordingly done; and place that sum to the account of my benefactions."

FROM THE SAME TO L. APPIUS MAXIMUS

"I recommend, my dear Maximus, to your protection that worthy philosopher Archippus; a person whose moral conduct is agreeable to the principles of the philosophy he professes; and I would have you pay entire regard to whatever he shall reasonably request."

THE EDICT OF THE EMPEROR NERVA

"There are some points no doubt, Quirites, concerning which the happy tenour of my government is a sufficient indication of my sentiments; and a good prince need not give an express declaration in matters wherein his intention cannot but be clearly understood. Every citizen in the empire will bear me witness that I gave up my private repose to the security of the public, and in order that I might have the pleasure of dispensing new bounties of my own, as also of confirming those which had been granted by predecessors. But lest the memory of him [1048b] who conferred these grants, or the diffidence of those who received them, should occasion any interruption to the public joy, I thought it as necessary as it is agreeable to me to obviate these suspicions by assuring them of my indulgence. I do not wish any man who has obtained a private or a public privilege from one of the former emperors to imagine he is to be deprived of such a privilege, merely that he may owe the restoration of it to me; nor need any who have received the gratifications of imperial favour petition me to have them confirmed. Rather let them leave me at leisure for conferring new grants, under the assurance that I am only to be solicited for those bounties which have not already been obtained, and which the happier fortune of the empire has put it in my power to bestow."

FROM THE SAME TO TULLIUS JUSTUS

"Since I have publicly decreed that all acts begun and accomplished in former reigns should be confirmed, the letters of Domitian must remain valid."

LXVII -- To THE EMPEROR TRAJAN

FLAVIUS ARCHIPPUS has conjured me, by all my vows for your prosperity, and by your immortal glory, that I would transmit to you the memorial which he presented to me. I could not refuse a request couched in such terms; however, I acquainted the prosecutrix with this my intention, from whom I have also received a memorial on her part. I have annexed them both to this letter; that by hearing, as it were, each party, you may the better be enabled to decide.

LX VIII -- TRAJAN TO PLINY

IT is possible that Domitian might have been ignorant of the circumstances in which Archippus was when he wrote the letter so much to that philosopher's credit. However, it is more agreeable to my disposition to suppose that prince designed he should be restored to his former situation; especially since he so often had the honour of a statue decreed to him by those who could not be ignorant of the sentence pronounced against him by the proconsul Paullus. But I do not mean to intimate, my dear Pliny, that if any new charge should be brought against him, you should be the less disposed to hear his accusers. I have examined the memorial of his prosecutrix, Furia Prima, as well as that of Archippus himself, which you sent with your last letter.

LXIX -- To THE EMPEROR TRAJAN

THE apprehensions you express, Sir, that the lake will be in danger of being entirely drained if a communication should be opened between that and the sea, by means of the river, are agreeable to that prudence and forethought you so eminently possess; but I think I have found a method to obviate that inconvenience. A channel may be cut from the lake up to the river so as not quite to join them, leaving just a narrow strip of land between, preserving the lake; by this means it will not only be kept quite separate from the river, but all the same purposes will be answered as if they were united: for it will be extremely easy to convey over that little intervening ridge whatever goods shall be brought down by the canal. This is a scheme which may be pursued, if it should be found necessary; but I hope there will be no occasion to have recourse to it. For, in the first place, the lake itself is pretty deep; and in the next, by damming up the river which runs from it on the opposite side and turning its course as we shall find expedient, the same quantity of water may be retained. Besides, there are several brooks near the place where it is proposed the channel shall be cut which, if skilfully collected, will supply the lake with water in proportion to what it shall discharge. But if you should rather approve of the channel's being extended farther and cut narrower, and so conveyed directly into the sea, without running into the river, the reflux of the tide will return whatever it receives from the lake. After all, if the nature of the place should not admit of any of these schemes, the course of the water may be checked by sluices. These, however, and many other particulars, will be more skilfully examined into by the engineer, whom, indeed, Sir, you ought to send, according to your promise, for it is an enterprise well worthy of your attention and magnificence. In the meanwhile, I have written to the illustrious Calpurnius Macer, in pursuance of your orders, to send me the most skilful engineer to be had.

LXX -- TRAJAN TO PLINY

IT is evident, my dearest Secundus, that neither your prudence nor your care has been wanting in this affair of the lake, since, in order to render it of more general benefit, you have provided so many expedients against the danger of its being drained. I leave it to your own choice to pursue whichever of the schemes shall be thought most proper. Calpurnius Macer will furnish you, no doubt, with an engineer, as artificers of that kind are not wanting in his province.

LXXI -- To THE EMPEROR TRAJAN

A VERY considerable question, Sir, in which the whole province is interested, has been lately started, concerning the state [1049b] and maintenance of deserted children.[1050] I have examined the constitutions of former princes upon this head, but not finding anything in them relating, either in general or particular, to the Bithynians, I thought it necessary to apply to you for your directions: for in a point which seems to require the special interposition of your authority, I could not content myself with following precedents. An edict of the emperor Augustus (as pretended) was read to me, concerning one Annia; as also a letter from Vespasian to the Lacedaemonians, and another from Titus to the same, with one likewise from him to the Achaeans, also some letters from Domitian, directed to the proconsuls Avidius Nigrinus and Armenius Brocchus, together with one from that prince to the Lacedaemonians: but I have not transmitted them to you, as they were not correct (and some of them too of doubtful authenticity), and also because I imagine the true copies are preserved in your archives.

LXXII TRAJAN TO PLINY

THE question concerning children who were exposed by their parents, and afterwards preserved by others, and educated in a state of servitude, though born free, has been frequently discussed; but I do not find in the constitutions of the princes my predecessors any general regulation upon this head, extending to all the provinces. There are, indeed, some rescripts of Domitian to Avidius Nigrinus and Armenhis Brocchus, which ought to be observed; but Bithynia is not comprehended in the provinces therein mentioned. I am of opinion therefore that the claims of those who assert their right of freedom upon this footing should be allowed; without obliging them to purchase their liberty by repaying the money advanced for their maintenance.[1051]

LXXIII -- To THE EMPEROR TRAJAN

HAVING been petitioned by some persons to grant them the liberty (agreeably to the practice of former proconsuls) of removing the relics of their deceased relations, upon the suggestion that either their monuments were decayed by age or ruined by the inundations of the river, or for other reasons of the same kind, I thought proper, Sir, knowing that in cases of this nature it is usual at Rome to apply to the college of priests, to consult you, who are the sovereign of that sacred order, as to how you would have me act in this case.

LXX IV -- TRAJAN TO PLINY

IT will be a hardship upon the provincials to oblige them to address themselves to the college of priests whenever they may have just reasons for removing the ashes of their ancestors. In this case, therefore, it will be better you should follow the example of the governors your predecessors, and grant or deny them this liberty as you shall see reasonable.

LXXV -- To THE EMPEROR TRAJAN

I HAVE enquired, Sir, at Prusa, for a proper place on which to erect the bath you were pleased to allow that city to build, and I have found one to my satisfaction. It is upon the site where formerly, I am told, stood a very beautiful mansion, but which is now entirely fallen into ruins. By fixing upon that spot, we shall gain the advantage of ornamenting the city in a part which at present is exceedingly deformed, and enlarging it at the same time without removing any of the buildings; only restoring one which is fallen to decay. There are some circumstances attending this structure of which it is proper I should inform you. Claudius Polyaenus bequeathed it to the emperor Claudius Cæsar, with directions that a temple should be erected to that prince in a colonnade-court, and that the remainder of the house should be let in apartments. The city received the rents for a considerable time; but partly by its having been plundered, and partly by its being neglected, the whole house, colonnade-court, and all, is entirely gone to ruin, and there is now scarcely anything remaining of it but the ground upon which it stood. If you shall think proper, Sir, either to give or sell this spot of ground to the city, as it lies so conveniently for their purpose, they will receive it as a most particular favour. I intend, with your permission, to place the bath in the vacant area, and to extend a range of porticoes with seats in that part where the former edifice stood. This new erection I purpose dedicating to you, by whose bounty it will rise with all the elegance and magnificence worthy of your glorious name. I have sent you a copy of the will, by which, though it is inaccurate, you will see that Polyaenus left several articles of ornament for the embellishment of this house; but these also are lost with all the rest: I will, however, make the strictest enquiry after them that I am able.

LXXVI -- TRAJAN TO PLINY

1 HAVE no objection to the Prusenses making use of the ruined court and house, which you say are untenanted, for the erection of their bath. But it is not sufficiently clear by your letter whether the temple in the centre of the colonnade-court was actually dedicated to Claudius or not; for if it were, it is still consecrated ground.[1052]

LXXVII -- To THE EMPEROR TRAJAN

I HAVE been pressed by some persons to take upon myself the enquiry of causes relating to claims of freedom by birth-right, agreeably to a rescript of Domitian's to Minucius Rufus, and the practice of former proconsuls. But upon casting my eye on the decree of the senate concerning cases of this nature, I find it only mentions the proconsular provinces.[1053] I have therefore, Sir, deferred interfering in this affair, till I shall receive your instructions as to how you would have me proceed.

LXXVIII -- TRAJAN TO PLINY

IF you will send me the decree of the senate, which occasioned your doubt, I shall be able to judge whether it is proper you should take upon yourself the enquiry of causes relating to claims of freedom by birth-right.

LXXIX -- To THE EMPEROR TRAJAN

JULIUS LARGUS, of Ponus[1054] (a person whom I never saw nor indeed ever heard his name till lately), in confidence, Sir, of your distinguishing judgment in my favour, has entrusted me with the execution of the last instance of his loyalty towards you. He has left me, by his will, his estate upon trust, in the first place to receive out of it fifty thousand sesterces[1055] for my own use, and to apply the remainder for the benefit of the cities of Heraclea and Tios,[1056] either by erecting some public edifice dedicated to your honour or instituting athletic games, according as I shall judge proper. These games are to be celebrated every five years, and to be called Trajan's games. My principal reason for acquainting you with this bequest is that I may receive your directions which of the respective alternatives to choose.

LXXX -- TRAJAN TO PLINY

By the prudent choice Julius Largus has made of a trustee, one would imagine he had known you perfectly well. You will consider then what will most tend to perpetuate his memory, under the circumstances of the respective cities, and make your option accordingly.

LXXXI -- To THE EMPEROR TRAJAN

You acted agreeably, Sir, to your usual prudence and foresight in ordering the illustrious Calpurnius Macer to send a legionary centurion to Byzantium: you will consider whether the city of Juliopolis' does not deserve the same regard, which, though it is extremely small, sustains very great burthens, and is so much the more exposed to injuries as it is less capable of resisting them. Whatever benefits you shall confer upon that city will in effect be advantageous to the whole country; for it is situated at the entrance of Bithynia, and is the town through which all who travel into this province generally pass.

LXXXII -- TRAJAN TO PLINY

THE circumstances of the city of Byzantium are such, by the great confluence of strangers to it, that I held it incumbent upon me, and consistent with the customs of former reigns, to send thither a legionary centurion's guard to preserve the privileges of that state. But if we should distinguish the city of Juliopolis[1057] in the same way, it will be introducing a precedent for many others, whose claim to that favour will rise in proportion to their want of strength. I have so much confidence, however, in your administration as to believe you will omit no method of protecting them from injuries. If any persons shall act contrary to the discipline I have enjoined, let them be instantly corrected; or if they happen to be soldiers, and their crimes should be too enormous for immediate chastisement, I would have them sent to their officers, with an account of the particular misdemeanour you shall find they have been guilty of; but if the delinquents should be on their way to Rome, inform me by letter.

LXXXIII -- To THE EMPEROR TRAJAN

BY a law of Pompey's[1058] concerning the Bithynians, it is enacted, Sir, that no person shall be a magistrate, or be chosen into the senate, under the age of thirty. By the same law it is declared that those who have exercised the office of magistrate are qualified to be members of the senate. Subsequent to this law, the emperor Augustus published an edict, by which it was ordained that persons of the age of twenty-two should be capable of being magistrates. The question therefore is whether those who have exercised the functions of a magistrate before the age of thirty may be legally chosen into the senate by the censors?[1059] And if so, whether, by the same kind of construction, they may be elected senators, at the age which entitles them to be magistrates, though they should not actually have borne any office? A custom which, it seems, has hitherto been observed, and is said to be expedient, as it is rather better that persons of noble birth should be admitted into the senate than those of plebeian rank. The censors elect having desired my sentiments upon this point, I was of opinion that both by the law of Pompey and the edict of Augustus those who had exercised the magistracy before the age of thirty might be chosen into the senate; and for this reason, because the edict allows the office of magistrate to be undertaken before thirty; and the law declares that whoever has been a magistrate should be eligible for the senate. But with respect to those who never discharged any office in the state, though they were of the age required for that purpose, I had some doubt: and therefore, Sir, I apply to you for your directions. I have subjoined to this letter the heads of the law, together with the edict of Augustus.

LXXXIV -- TRAJAN TO PLINY

I AGREE with you, my dearest Secundus, in your construction, and am of opinion that the law of Pompey is so far repealed by the edict of the emperor Augustus that those persons who are not less than twenty-two years of age may execute the office of magistrates, and, when they have, may be received into the senate of their respective cities. But I think that they who are under thirty years of age, and have not discharged the function of a magistrate, cannot, upon pretence that in point of years they were competent to the office, legally be elected into the senate of their several communities.

LXXXV -- To THE EMPEROR TRAJAN