Chapter 22

WHILST I was despatching some public affairs, Sir, at my apartments in Prusa, at the foot of Olympus, with the intention of leaving that city the same day, the magistrate Asclepiades informed me that Eumolpus had appealed to me from a motion which Cocceianus Dion made in their senate. Dion, it seems, having been appointed supervisor of a public building, desired that it might be assigned[1060] to the city in form. Eumolpus, who was counsel for Flavius Archippus, insisted that Dion should first be required to deliver in his accounts relating to this work, before it was assigned to the corporation; suggesting that he had not acted in the manner he ought. He added, at the same time, that in this building, in which your statue is erected, the bodies of Dion's wife and son are entombed,[1061] and urged me to hear this cause in the public court of judicature. Upon my at once assenting to his request, and deferring my journey for that purpose, he desired a longer day in order to prepare matters for hearing, and that I would try this cause in some other city. I appointed the city of Nicea; where, when I had taken my seat, the same Eumolpus, pretending not to be yet sufficiently instructed, moved that the trial might be again put off: Dion, on the contrary, insisted it should be heard. They debated this point very fully on both sides, and entered a little into the merits of the cause; when being of opinion that it was reasonable it should be adjourned, and thinking it proper to consult with you in an affair which was of consequence in point of precedent, I directed them to exhibit the articles of their respective allegations in writing; for I was desirous you should judge from their own representations of the state of the question between them. Dion promised to comply with this direction and Eumolpus also assured me he would draw up a memorial of what he had to allege on the part of the community. But he added that, being only concerned as advocate on behalf of Archippus, whose instructions he had laid before me, he had no charge to bring with respect to the sepulchres. Archippus, however, for whom Eulnolpus was counsel here, as at Prusa, assured me he would himself present a charge in form upon this head. But neither Eumolpus nor Archippus (though I have waited several days for that purpose) have yet performed their engagement: Dion indeed has; and I have annexed his memorial to this letter. I have inspected the buildings in question, where I find your statue is placed in a library, and as to the edifice in which the bodies of Dion's wife and son are said to be deposited, it stands in the middle of a court, which is enclosed with a colonnade. Deign, therefore, I entreat you, Sir, to direct my judgment in the determination of this cause above all others as it is a point to which the public is greatly attentive, and necessarily so, since the fact is not only acknowledged, but countenanced by many precedents.

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You well know, my dearest Secundus, that it is my standing maxim not to create an awe of my person by severe and rigorous measures, and by construing every slight offence into an act of treason; you had no reason, therefore, to hesitate a moment upon the point concerning which you thought proper to consult me. Without entering therefore into the merits of that question (to which I would by no means give any attention, though there were ever so many instances of the same kind), I recommend to your care the examination of Dion's accounts relating to the public works which he has finished; as it is a case in which the interest of the city is concerned, and as Dion neither ought nor, it seems, does refuse to submit to the examination.

LXXXVII -- To THE EMPEROR TRAJAN

THE Niceans having, in the name of their community, conjured me, Sir, by all my hopes and wishes for your prosperity and immortal glory (an adjuration which is and ought to be most sacred to me), to present to you their petition, I did not think myself at liberty to refuse them: I have therefore annexed it to this letter.

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THE Niceans I find, claim a right, by an edict of Augustus, to the estate of every citizen who dies intestate. You will therefore summon the several parties interested in this question, and, examining these pretensions, with the assistance of the procurators Virdius Gemellinus, and Epimachus, my freedman (having duly weighed every argument that shall be alleged against the claim), determine as shall appear most equitable.

LXXXIX -- To THE EMPEROR TRAJAN

MAY this and many succeeding birthdays be attended, Sir, with the highest felicity to you; and may you, in the midst of an uninterrupted course of health and prosperity, be still adding to the increase of that immortal glory which your virtues justly merit!

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YOUR wishes, my dearest Secundus, for my enjoyment of many happy birthdays amidst the glory and prosperity of the republic were extremely agreeable to me.

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THE inhabitants of Sinope[1062] are ill supplied, Sir, with water, which however may be brought thither from about sixteen miles' distance in great plenty and perfection. The ground, indeed, near the source of this spring is, for rather over a mile, of a very suspicious and marshy nature; but I have directed an examination to be made (which will be effected at a small expense) whether it is sufficiently firm to support any superstructure. I have taken care to provide a sufficient fund for this purpose, if you should approve, Sir, of a work so conducive to the health and enjoyment of this colony, greatly distressed by a scarcity of water.

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I WOULD have you proceed, my dearest Secundus, in carefully examining whether the ground you suspect is firm enough to support an aqueduct. For I have no manner of doubt that the Sinopian colony ought to be supplied with water; provided their finances will bear the expense of a work so conducive to their health and pleasure.

XCIII -- To THE EMPEROR TRAJAN

THE free and confederate city of the Amiseni[1063] enjoys, by your indulgence, the privilege of its own laws. A memorial being presented to me there, concerning a charitable institution,[1064] I have subjoined it to this letter, that you may consider, Sir, whether, and how far, this society ought to be licensed or prohibited.

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IF the petition of the Amiseni which you have transmitted to me, concerning the establishment of a charitable society, be agreeable to their own laws, which by the articles of alliance it is stipulated they shall enjoy, I shall not oppose it; especially if these contributions are employed, not for the purpose of riot and faction, but for the support of the indigent. In other cities, however, which are subject to our laws, I would have all assemblies of this nature prohibited.

XCV -- To THE EMPEROR TRAJAN

SUETONIUS TRANQUILLUS, Sir, is a most excellent, honour-able, and learned man. I was so much pleased with his tastes and disposition that I have long since invited him into my family, as my constant guest and domestic friend; and my affection for him increased the more I knew of him. Two reasons concur to render the privileges which the law grants to those who have three children particularly necessary to him; I mean the bounty of his friends, and the ill-success of his marriage. Those advantages, therefore, which nature has denied to him, he hopes to obtain from your goodness, by my intercession. I am thoroughly sensible, Sir, of the value of the privilege I am asking; but I know, too, I am asking it from one whose gracious compliance with all my desires I have amply experienced. How passionately I wish to do so in the present instance, you will judge by my thus requesting it in my absence; which I would not, had it not been a favour which I am more than ordinarily anxious to obtain.[1065]

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You cannot but be sensible, my dearest Secundus, how reserved I am in granting favours of the kind you desire; having frequently declared in the senate that I had not exceeded the number of which I assured that illustrious order I would be contented with. I have yielded, however, to your request, and have directed an article to be inserted in my register, that I have conferred upon Tranquillus, on my usual conditions, the privilege which the law grants to these who have three children.

XCVII To THE EMPEROR TRAJAN[1066]

IT is my invariable rule, Sir, to refer to you in all matters where I feel doubtful; for who is more capable of removing my scruples, or informing my ignorance? Having never been present at any trials concerning those who profess Christianity, I am unacquainted not only with the nature of their crimes, or the measure of their punishment, but how far it is proper to enter into an examination concerning them. Whether, therefore, any difference is usually made with respect to ages, or no distinction is to be observed between the young and the adult; whether repentance entitles them to a pardon; or if a man has been once a Christian, it avails nothing to desist from his error; whether the very profession of Christianity, unattended with any criminal act, or only the crimes themselves inherent in the profession are punishable; on all these points I am in great doubt. In the meanwhile, the method I have observed towards those who have been brought before me as Christians is this: I asked them whether they were Christians; if they admitted it, I repeated the question twice, and threatened them with punishment; if they persisted, I ordered them to be at once punished: for I was persuaded, whatever the nature of their opinions might be, a contumacious and inflexible obstinacy certainly deserved correction. There were others also brought before me possessed with the same infatuation, but being Roman citizens,[1067] I directed them to be sent to Rome. But this crime spreading (as is usually the case) while it was actually under prosecution, several instances of the same nature occurred. An anonymous information was laid before me containing a charge against several persons, who upon examination denied they were Christians, or had ever been so. They repeated after me an invocation to the gods, and offered religious rites with wine and incense before your statue (which for that purpose I had ordered to be brought, together with those of the gods), and even reviled the name of Christ: whereas there is no forcing, it is said, those who are really Christians into any of these compliances: I thought it proper, therefore, to discharge them. Some among those who were accused by a witness in person at first confessed themselves Christians, but immediately after denied it; the rest owned indeed that they had been of that number formerly, but had now (some above three, others more, and a few above twenty years ago) renounced that error. They all worshipped your statue and the images of the gods, uttering imprecations at the same time against the name of Christ. They affirmed the whole of their guilt, or their error, was, that they met on a stated day before it was light, and addressed a form of prayer to Christ, as to a divinity, binding themselves by a solemn oath, not for the purposes of any wicked design, but never to commit any fraud, theft, or adultery, never to falsify their word, nor deny a trust when they should be called upon to deliver it up; after which it was their custom to separate, and then reassemble, to eat in common a harmless meal. From this custom, however, they desisted after the publication of my edict, by which, according to your commands, I forbade the meeting of any assemblies. After receiving this account, I judged it so much the more necessary to endeavor to extort the real truth, by putting two female slaves to the torture, who were said to officiate' in their religious rites: but all I could discover was evidence of an absurd and extravagant superstition. I deemed it expedient, therefore, to adjourn all further proceedings, in order to consult you. For it appears to be a matter highly deserving your consideration, more especially as great numbers must be involved in the danger of these prosecutions, which have already extended, and are still likely to extend, to persons of all ranks and ages, and even of both sexes. In fact, this contagious superstition is not confined to the cities only, but has spread its infection among the neighbouring villages and country. Nevertheless, it still seems possible to restrain its progress. The temples, at least, which were once almost deserted, begin now to be frequented; and the sacred rites, after a long intermission, are again revived; while there is a general demand for the victims, which till lately found very few purchasers. From all this it is easy to conjecture what numbers might be reclaimed if a general pardon were granted to those who shall repent of their error.[1068]

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You have adopted the right course, my dearest Secundtis, in investigating the charges against the Christians who were brought before you. It is not possible to lay down any general rule for all such cases. Do not go out of your way to look for them. If indeed they should be brought before you, and the crime is proved, they must be punished;[1069] with the restriction, however, that where the party denies he is a Christian, and shall make it evident that he is not, by invoking our gods, let him (notwithstanding any former suspicion) be pardoned upon his repentance. Anonymous informations ought not to be received in any sort of prosecution. It is introducing a very dangerous precedent, and is quite foreign to the spirit of our age.

XCIX -- To THE EMPEROR TRAJAN

THE elegant and beautiful city of Amastris,[1070] Sir, has, among other principal constructions, a very fine street and of considerable length, on one entire side of which runs what is called indeed a river, but in fact is no other than a vile common sewer, extremely offensive to the eye, and at the same time very pestilential on account of its noxious smell. It will be advantageous, therefore, in point of health, as well as decency, to have it covered; which shall be done with your permission: as I will take care, on my part, that money be not wanting for executing so noble and necessary a work.

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IT IS highly reasonable, my dearest Secundus, if the water which runs through the city of Amastris is prejudicial, while uncovered, to the health of the inhabitants, that it should be covered up. I am well assured you will, with your usual application, take care that the money necessary for this work shall not be wanting.

CI To THE EMPEROR TRAJAN

WE have celebrated, Sir, with great joy and festivity, those votive soleninities which were publicly proclaimed as formerly, and renewed them the present year, accompanied by the soldiers and provincials, who zealously joined with us in imploring the gods that they would be graciously pleased to preserve you and the republic in that state of prosperity which your many and great virtues, particularly your piety and reverence towards them, so justly merit.

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IT was agreeable to me to learn by your letter that the army and the provincials seconded you, with the most joyful unanimity, in those vows which you paid and renewed to the immortal gods for my preservation and prosperity.

CIII -- To THE EMPEROR TRAJAN

WE have celebrated, with all the warmth of that pious zeal we justly ought, the day on which, by a most happy succession, the protection of mankind was committed over into your hands; recommending to the gods, from whom you received the empire, the object of your public vows and congratulations.

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I WAS extremely well pleased to be informed by your letter that you had, at the head of the soldiers and the provincials, solemnised my accession to the empire with all due joy and zeal.

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VALERIUS PAULINUS, Sir, having bequeathed to me the right of patronage[1071] over all his freedmen, except one, I intreat you to grant the freedom of Rome to three of them. To desire you to extend this favour to all of them would, I fear, be too unreasonable a trespass upon your indulgence; which, in proportion as I have amply experienced, I ought to be so much the more cautious in troubling. The persons for whom I make this request are C. Valerius Astraeus, C. Valerius Dionysius, and C. Valerius Aper.

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YOU act most generously in so early soliciting in favour of those whom Valerius Paulinus has confided to your trust. I have accordingly granted the freedom of the city to such of his freedmen for whom you requested it, and have directed the patent to be registered: I am ready to confer the same on the rest, whenever you shall desire me.

CVII -- To THE EMPEROR TRAJAN

P. ATTIUS AQUILA, a centurion of the sixth equestrian cohort, requested me, Sir, to transmit his petition to you, in favour of his daughter. I thought it would be unkind to refuse him this service, knowing, as I do, with what patience and kindness you attend to the petitions of the soldiers.

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I HAVE read the petition of P. Attius Aquila, centurion of the sixth equestrian cohort, which you sent to me; and in compliance with his request, I have conferred upon his daughter the freedom of the city of Rome. I send you at the same time the patent, which you will deliver to him.

CIX -- To THE EMPEROR TRAJAN

I REQUEST, Sir, your directions with respect to the recovering those debts which are due to the cities of Bithynia and Pontus, either for rent, or goods sold, or upon any other consideration. I find they have a privilege conceded to them by several proconsuls, of being preferred to other creditors; and this custom has prevailed as if it had been established by law. Your prudence, I imagine, will think it necessary to enact some settled rule, by which their rights may always be secured. For the edicts of others, how wisely however founded, are but feeble and temporary ordinances, unless confirmed and sanctioned by your authority.

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THE right which the cities either of Pontus or Bithynia claim relating to the recovery of debts of whatever kind, due to their several communities, must be determined agreeably to their respective laws. Where any of these communities enjoy the privilege of being preferred to other creditors, it must be maintained; but, where no such privilege prevails, it is not just I should establish one, in prejudice of private property.

CXI -- To THE EMPEROR TRAJAN

THE solicitor to the treasury of the city of Amisis instituted a claim, Sir, before me against Julius Piso of about forty thousand denarii,[1072] presented to him by the public above twenty years ago, with the consent of the general council and assembly of the city: and he founded his demand upon certain of your edicts, by which donations of this kind are prohibited. Piso, on the other hand, asserted that he had conferred large sums of money upon the community, and, indeed, had thereby expended almost the whole of his estate. He insisted upon the length of time which had intervened since this donation, and hoped that he should not be compelled, to the ruin of the remainder of his fortunes, to refund a present which had been granted him long since, in return for many good offices he had done the city. For this reason, Sir, I thought it necessary to suspend giving any judgment in this cause till I shall receive your directions.

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THOUGH by my edicts I have ordained that no largesses shall be given out of the public money, yet, that numberless private persons may not be disturbed in the secure possession of their fortunes, those donations which have been made long since ought not to be called in question or revoked. We will not therefore enquire into anything that has been transacted in this affair so long ago as twenty years; for I would be no less attentive to secure the repose of every private man than to preserve the treasure of every public community.

CXIII -- To THE EMPEROR TRAJAN

THE Pompeian law, Sir, which is observed in Pontus and Bithynia, does not direct that any money for their admission shall be paid in by those who are elected into the senate by the censors. It has, however, been usual for such members as have been admitted into those assemblies, in pursuance of the privilege which you were pleased to grant to some particular cities, of receiving above their legal number, to pay one[1073] or two thousand denarii[1074] on their election. Subsequent to this, the proconsul Anicius Maximus ordained (though indeed his edict related to some few cities only) that those who were elected by the censors should also pay into the treasury a certain sum, which varied in different places. It remains, therefore, for your consideration whether it would not be proper to settle a certain sum for each member who is elected into the councils to pay upon his entrance; for it well becomes you, whose every word and action deserves to be immortalized, to establish laws that shall endure for ever.

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I CAN give no general directions applicable to all the cities of Bithynia, in relation to those who are elected members of their respective councils, whether they shall pay an honorary fee upon their admittance or not. I think that the safest method which can be pursued is to follow the particular laws of each city; and I also think that the censors ought to make the sum less for those who are chosen into the senate contrary to their inclinations than for the rest.

CXV -- To THE EMPEROR TRAJAN

THE Pompeian law, Sir, allows the Bithynians to give the freedom of their respective cities to any person they think proper, provided he is not a foreigner, but native of some of the cities of this province. The same law specifies the particular causes for which the censors may expel any member of the senate, but makes no mention of foreigners. Certain of the censors therefore have desired my opinion whether they ought to expel a member if he should happen to be a foreigner. But I thought it necessary to receive your instructions in this case; not only because the law, though it forbids foreigners to be admitted citizens, does not direct that a senator shall be expelled for the same reason, but because I am informed that in every city in the province a great number of the senators are foreigners. If, therefore, this clause of the law, which seems to be antiquated by a long custom to the contrary, should be enforced, many cities, as well as private persons, must be injured by it. I have annexed the heads of this law to my letter.

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You might well be doubtful, my dearest Secundus, what reply to give to the censors, who consulted you concerning their right to elect into the senate foreign citizens, though of the same province. The authority of the law on one side, and long custom prevailing against it on the other, might justly occasion you to hesitate, The proper mean to observe in this case will be to make no change in what is past, but to allow those senators who are already elected, though contrary to law, to keep their seats, to whatever city they may belong; in all future elections, however, to pursue the directions of the Pompeian law: for to give it a retrospective operation would necessarily introduce great confusion.

CXVII -- To THE EMPEROR TRAJAN