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 inst.i.tuting 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 princ.i.p.al reason for acquainting you with this bequest is that I may receive your directions which of the respective alternatives to choose.

Lx.x.x -- 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 circ.u.mstances of the respective cities, and make your option accordingly.

Lx.x.xI -- To THE EMPEROR TRAJAN

You acted agreeably, Sir, to your usual prudence and foresight in ordering the ill.u.s.trious 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 pa.s.s.

Lx.x.xII -- TRAJAN TO PLINY

THE circ.u.mstances of the city of Byzantium are such, by the great confluence of strangers to it, that I held it inc.u.mbent 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 chastis.e.m.e.nt, 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.

Lx.x.xIII -- 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 ent.i.tles them to be magistrates, though they should not actually have borne any office? A custom which, it seems, has. .h.i.therto been observed, and is said to be expedient, as it is rather better that persons of n.o.ble 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.

Lx.x.xIV -- 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.

Lx.x.xV -- To THE EMPEROR TRAJAN

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 Cocceia.n.u.s Dion made in their senate.

Dion, it seems, having been appointed supervisor of a public building, desired that it might be a.s.signed[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 a.s.signed 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 a.s.senting 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 a.s.sured 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, a.s.sured 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.

Lx.x.xVI -- TRAJAN TO PLINY

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.

Lx.x.xVII -- 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 pet.i.tion, I did not think myself at liberty to refuse them: I have therefore annexed it to this letter.

Lx.x.xVIII -- TRAJAN TO PLINY

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 a.s.sistance 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.

Lx.x.xIX -- 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!

XC -- TRAJAN TO PLINY

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.

XCI -- To THE EMPEROR TRAJAN