Letter 5009: I had gone down to the Basilica Julia to listen to the speeches of the counsel to whom I had to reply from the last...
Pliny the Younger→Caninius Rufus|c. 104 AD|Pliny the Younger|Human translated
imperial politics
To Rufus.
I had gone down to the Basilica Julia to listen to the speeches of the counsel to whom I had to reply from the last postponement. The judges were in their places; the decemvirs had arrived; the advocates were moving to and fro, and then came a long silence, broken at last by a message from the praetor. The centumviri were dismissed and the hearing was put off, at which I was glad, for I am never so well prepared that I am not pleased at having extra time given me. The postponement was due to Nepos, the praetor-designate, who hears cases with the most scrupulous attention to legal forms. He had issued a short edict warning both plaintiffs and defendants that he would strictly carry out the decree of the senate. Attached to the edict was a copy of the decree, which provided "that all persons engaged in any lawsuit are hereby ordered to take an oath before their cases are heard, that they have neither given nor promised any sum to their advocates, nor have entered into any contract to pay them for their advocacy." In these words and other long sentences as well, advocates were forbidden to sell their services and litigants to buy them, although, when a suit is over, the latter are allowed to offer their counsel a sum not exceeding ten thousand sesterces. The praetor, who was presiding over the court of the centumviri, was embarrassed by this decree of Nepos and gave us an unexpected holiday, while he made up his mind whether or not he should follow the example that had been set. Meanwhile, the whole town is discussing the edict of Nepos, some favourably, others adversely. Many people are saying: "Well, we have found a man to set the crooked straight. But have there been no praetors before Nepos, and who is Nepos that he should mend our public morals?" On the other hand, a number of people argue: "He has acted quite rightly. He has mastered the laws before entering office, he has read the decrees of the senate, he is putting a stop to a disgraceful system of bargaining, and he will not allow a most honourable profession to be bought and sold in a scandalous way." That is how people are talking everywhere, and there will be no majority for one side or the other till it is known how the matter will end. It is very deplorable, but it is the accepted rule that good or bad counsels are approved or condemned according to whether they turn out well or badly. The result is that we find the self-same deed ascribed sometimes to zeal, sometimes to vanity, and even to love of liberty and downright madness. Farewell.
L To Rufus.
I had gone down to the Basilica Julia to listen to the speeches of the counsel to whom I had to reply from the last postponement. The judges were in their places; the decemvirs had arrived; the advocates were moving to and fro, and then came a long silence, broken at last by a message from the praetor. The centumviri were dismissed and the hearing was put off, at which I was glad, for I am never so well prepared that I am not pleased at having extra time given me. The postponement was due to Nepos, the praetor-designate, who hears cases with the most scrupulous attention to legal forms. He had issued a short edict warning both plaintiffs and defendants that he would strictly carry out the decree of the senate. Attached to the edict was a copy of the decree, which provided "that all persons engaged in any lawsuit are hereby ordered to take an oath before their cases are heard, that they have neither given nor promised any sum to their advocates, nor have entered into any contract to pay them for their advocacy." In these words and other long sentences as well, advocates were forbidden to sell their services and litigants to buy them, although, when a suit is over, the latter are allowed to offer their counsel a sum not exceeding ten thousand sesterces. The praetor, who was presiding over the court of the centumviri, was embarrassed by this decree of Nepos and gave us an unexpected holiday, while he made up his mind whether or not he should follow the example that had been set. Meanwhile, the whole town is discussing the edict of Nepos, some favourably, others adversely. Many people are saying: "Well, we have found a man to set the crooked straight. But have there been no praetors before Nepos, and who is Nepos that he should mend our public morals?" On the other hand, a number of people argue: "He has acted quite rightly. He has mastered the laws before entering office, he has read the decrees of the senate, he is putting a stop to a disgraceful system of bargaining, and he will not allow a most honourable profession to be bought and sold in a scandalous way." That is how people are talking everywhere, and there will be no majority for one side or the other till it is known how the matter will end. It is very deplorable, but it is the accepted rule that good or bad counsels are approved or condemned according to whether they turn out well or badly. The result is that we find the self-same deed ascribed sometimes to zeal, sometimes to vanity, and even to love of liberty and downright madness. Farewell.
C. PLINIUS SEMPRONIO RUFO SUO S.
Descenderam in basilicam Iuliam, auditurus quibus proxima comperendinatione respondere debebam. Sedebant iudices, decemviri venerant, obversabantur advocati, silentium longum; tandem a praetore nuntius. Dimittuntur centumviri, eximitur dies me gaudente, qui umquam ita paratus sum ut non mora laeter. Causa dilationis Nepos praetor, qui legibus quaerit. Proposuerat breve edictum, admonebat accusatores, admonebat reos exsecuturum se quae senatus consulto continerentur. Suberat edicto senatus consultum: hoc omnes qui quid negotii haberent iurare prius quam agerent iubebantur, nihil sc ob advocationem cuiquam dedisse promisisse cavisse. His enim verbis ac mille praeterea et venire advocationes et emi vetabantur; peractis tamen negotiis permittebatur pecuniam dumtaxat decem milium dare. Hoc facto Nepotis commotus praetor qui centumviralibus praesidet, deliberaturus an sequeretur exemplum, inopinatum nobis otium dedit. Interim tota civitate Nepotis edictum carpitur laudatur. Multi: 'Invenimus, qui curva corrigeret! Quid? ante hunc praetores non fuerunt? quis autem hic est, qui emendet publicos mores?' Alii contra: 'Rectissime fecit; initurus magistratum iura cognovit, senatus consulta legit, reprimit foedissimas pactiones, rem pulcherrimam turpissime venire non patitur.' Tales ubique sermones, qui tamen alterutram in partem ex eventu praevalebunt. Est omnino iniquum, sed usu receptum, quod honesta consilia vel turpia, prout male aut prospere cedunt, ita vel probantur vel reprehenduntur. Inde plerumque eadem facta modo diligentiae modo vanitatis, modo libertatis modo furoris nomen accipiunt. Vale.
◆
To Rufus.
I had gone down to the Basilica Julia to listen to the speeches of the counsel to whom I had to reply from the last postponement. The judges were in their places; the decemvirs had arrived; the advocates were moving to and fro, and then came a long silence, broken at last by a message from the praetor. The centumviri were dismissed and the hearing was put off, at which I was glad, for I am never so well prepared that I am not pleased at having extra time given me. The postponement was due to Nepos, the praetor-designate, who hears cases with the most scrupulous attention to legal forms. He had issued a short edict warning both plaintiffs and defendants that he would strictly carry out the decree of the senate. Attached to the edict was a copy of the decree, which provided "that all persons engaged in any lawsuit are hereby ordered to take an oath before their cases are heard, that they have neither given nor promised any sum to their advocates, nor have entered into any contract to pay them for their advocacy." In these words and other long sentences as well, advocates were forbidden to sell their services and litigants to buy them, although, when a suit is over, the latter are allowed to offer their counsel a sum not exceeding ten thousand sesterces. The praetor, who was presiding over the court of the centumviri, was embarrassed by this decree of Nepos and gave us an unexpected holiday, while he made up his mind whether or not he should follow the example that had been set. Meanwhile, the whole town is discussing the edict of Nepos, some favourably, others adversely. Many people are saying: "Well, we have found a man to set the crooked straight. But have there been no praetors before Nepos, and who is Nepos that he should mend our public morals?" On the other hand, a number of people argue: "He has acted quite rightly. He has mastered the laws before entering office, he has read the decrees of the senate, he is putting a stop to a disgraceful system of bargaining, and he will not allow a most honourable profession to be bought and sold in a scandalous way." That is how people are talking everywhere, and there will be no majority for one side or the other till it is known how the matter will end. It is very deplorable, but it is the accepted rule that good or bad counsels are approved or condemned according to whether they turn out well or badly. The result is that we find the self-same deed ascribed sometimes to zeal, sometimes to vanity, and even to love of liberty and downright madness. Farewell.
Human translation — Attalus.org
Latin / Greek Original
C. PLINIUS SEMPRONIO RUFO SUO S.
Descenderam in basilicam Iuliam, auditurus quibus proxima comperendinatione respondere debebam. Sedebant iudices, decemviri venerant, obversabantur advocati, silentium longum; tandem a praetore nuntius. Dimittuntur centumviri, eximitur dies me gaudente, qui umquam ita paratus sum ut non mora laeter. Causa dilationis Nepos praetor, qui legibus quaerit. Proposuerat breve edictum, admonebat accusatores, admonebat reos exsecuturum se quae senatus consulto continerentur. Suberat edicto senatus consultum: hoc omnes qui quid negotii haberent iurare prius quam agerent iubebantur, nihil sc ob advocationem cuiquam dedisse promisisse cavisse. His enim verbis ac mille praeterea et venire advocationes et emi vetabantur; peractis tamen negotiis permittebatur pecuniam dumtaxat decem milium dare. Hoc facto Nepotis commotus praetor qui centumviralibus praesidet, deliberaturus an sequeretur exemplum, inopinatum nobis otium dedit. Interim tota civitate Nepotis edictum carpitur laudatur. Multi: 'Invenimus, qui curva corrigeret! Quid? ante hunc praetores non fuerunt? quis autem hic est, qui emendet publicos mores?' Alii contra: 'Rectissime fecit; initurus magistratum iura cognovit, senatus consulta legit, reprimit foedissimas pactiones, rem pulcherrimam turpissime venire non patitur.' Tales ubique sermones, qui tamen alterutram in partem ex eventu praevalebunt. Est omnino iniquum, sed usu receptum, quod honesta consilia vel turpia, prout male aut prospere cedunt, ita vel probantur vel reprehenduntur. Inde plerumque eadem facta modo diligentiae modo vanitatis, modo libertatis modo furoris nomen accipiunt. Vale.