Letter 7006: The suit against Varenus has come to an unusual and remarkable conclusion, and the issue is even now open to doubt.
Pliny the Younger→Macrinus|c. 107 AD|Pliny the Younger|Human translated
imperial politics
To Macrinus.
The suit against Varenus has come to an unusual and remarkable conclusion, and the issue is even now open to doubt. People say that the Bithynians have withdrawn their accusation against him, on the ground that they entered upon it without adequate proofs. That, I repeat, is what people are saying. However, the legate of the province is in Rome, and he has laid the decree of the Council before Caesar, before many of the leading men here, and even before us who are acting for Varenus. None the less our friend Magnus, as usual, persists in his opposition, and he still keeps worrying that estimable man Nigrinus. He pressed the consuls, through Nigrinus, to force Varenus to produce his official accounts.
I was standing by Varenus in a friendly way, and had made up my mind to say nothing, for nothing would have damaged his prospects so much as for me, who had been appointed by the senate to act on his behalf, to begin defending him, as though he were on his trial, when the great thing was to prevent him being put on his trial at all. However, when Nigrinus had concluded his demand, and the consuls looked towards me to say something, I remarked: "You will see that I have just grounds for saying nothing as soon as you have heard the true legates of the province." "To whom were they sent?" broke in Nigrinus. "To me as well as to others," I answered; "I have the decree of the province in my possession." "You may think so," said he. "Yes," I retorted, "and if you think otherwise, surely I too may take what view I think fit." Polyaenus, the legate, then explained why the accusation had been abandoned, and demanded that the case should not be prejudged before Caesar undertook his investigation into it. Magnus replied, and Polyaenus spoke again, while I too made a few brief remarks, though I took care to say nothing on the main points, for I have learned by experience that there are times when silence rather than speech makes the real orator, and I can call to mind several instances in which I have done my clients, who were accused on capital charges, more good by not saying anything than I could have done by the most finished address.
In one instance, a mother who had lost her son - for there is no reason why I should not recall some of my old cases, though this was not my motive in writing this letter - accused his freedmen - who were also co-heirs to the estate - of having forged the will and poisoned their master. She brought the matter to the notice of the Emperor, and obtained permission for Julius Servianus to act as judge.
I defended the accused in a crowded court, for the case was a regular cause célèbre, and there were the best counsel of the day engaged on both sides. The hearing was decided by the evidence of the slaves, who were submitted to torture, and their answers were in favour of the accused. Subsequently, the mother appealed to the Emperor, declaring that she had discovered fresh proofs. Suburanus was instructed to give her a hearing again, provided that she brought forward new evidence. Julius Africanus appeared for the mother - a grandson of the orator of whom Passienus Crispus said after listening to his speech : "Excellent, by Jove, excellent; but what is the point of your excellent address?" The grandson is a youth of talent but not particularly smart, and after he had gone on at some length and had come to the end of his allotted time, he remarked, "I hope, Suburanus, you will allow me to add one word more." Thereupon I, as everybody was looking towards me for a lengthy reply, simply said: "I should have replied if Africanus had added that one word more, for I don't doubt that it would have contained all the new evidence spoken of." I can hardly remember an occasion in which I got as much applause for my pleading as I then received for declining to plead.
It has been much the same in the present case, and my policy in saying just what I did on behalf of Varenus and nothing more has been greatly approved. The consuls, as Polyaenus desired, have left the Emperor an entirely free hand, and I am waiting for him to hear the case, with much anxiety; for, when he does, the issue of the day will either free us, who are on Varenus's side, from all trouble and make our minds perfectly easy, or it will entail our setting to work again and a new period of anxious worry. Farewell.
L To Macrinus.
The suit against Varenus has come to an unusual and remarkable conclusion, and the issue is even now open to doubt. People say that the Bithynians have withdrawn their accusation against him, on the ground that they entered upon it without adequate proofs. That, I repeat, is what people are saying. However, the legate of the province is in Rome, and he has laid the decree of the Council before Caesar, before many of the leading men here, and even before us who are acting for Varenus. None the less our friend Magnus, as usual, persists in his opposition, and he still keeps worrying that estimable man Nigrinus. He pressed the consuls, through Nigrinus, to force Varenus to produce his official accounts.
I was standing by Varenus in a friendly way, and had made up my mind to say nothing, for nothing would have damaged his prospects so much as for me, who had been appointed by the senate to act on his behalf, to begin defending him, as though he were on his trial, when the great thing was to prevent him being put on his trial at all. However, when Nigrinus had concluded his demand, and the consuls looked towards me to say something, I remarked: "You will see that I have just grounds for saying nothing as soon as you have heard the true legates of the province." "To whom were they sent?" broke in Nigrinus. "To me as well as to others," I answered; "I have the decree of the province in my possession." "You may think so," said he. "Yes," I retorted, "and if you think otherwise, surely I too may take what view I think fit." Polyaenus, the legate, then explained why the accusation had been abandoned, and demanded that the case should not be prejudged before Caesar undertook his investigation into it. Magnus replied, and Polyaenus spoke again, while I too made a few brief remarks, though I took care to say nothing on the main points, for I have learned by experience that there are times when silence rather than speech makes the real orator, and I can call to mind several instances in which I have done my clients, who were accused on capital charges, more good by not saying anything than I could have done by the most finished address.
In one instance, a mother who had lost her son - for there is no reason why I should not recall some of my old cases, though this was not my motive in writing this letter - accused his freedmen - who were also co-heirs to the estate - of having forged the will and poisoned their master. She brought the matter to the notice of the Emperor, and obtained permission for Julius Servianus to act as judge.
I defended the accused in a crowded court, for the case was a regular cause célèbre, and there were the best counsel of the day engaged on both sides. The hearing was decided by the evidence of the slaves, who were submitted to torture, and their answers were in favour of the accused. Subsequently, the mother appealed to the Emperor, declaring that she had discovered fresh proofs. Suburanus was instructed to give her a hearing again, provided that she brought forward new evidence. Julius Africanus appeared for the mother - a grandson of the orator of whom Passienus Crispus said after listening to his speech : "Excellent, by Jove, excellent; but what is the point of your excellent address?" The grandson is a youth of talent but not particularly smart, and after he had gone on at some length and had come to the end of his allotted time, he remarked, "I hope, Suburanus, you will allow me to add one word more." Thereupon I, as everybody was looking towards me for a lengthy reply, simply said: "I should have replied if Africanus had added that one word more, for I don't doubt that it would have contained all the new evidence spoken of." I can hardly remember an occasion in which I got as much applause for my pleading as I then received for declining to plead.
It has been much the same in the present case, and my policy in saying just what I did on behalf of Varenus and nothing more has been greatly approved. The consuls, as Polyaenus desired, have left the Emperor an entirely free hand, and I am waiting for him to hear the case, with much anxiety; for, when he does, the issue of the day will either free us, who are on Varenus's side, from all trouble and make our minds perfectly easy, or it will entail our setting to work again and a new period of anxious worry. Farewell.
C. PLINIUS MACRINO SUO S.
Rara et notabilis res Vareno contigit, sit licet adhuc dubia. Bithyni accusationem eius ut temere incohatam omisisse narrantur. 'Narrantur' dico? Adest provinciae legatus, attulit decretum concilii ad Caesarem, attulit ad multos principes viros, attulit etiam ad nos Vareni advocatos. Perstat tamen idem ille Magnus; quin etiam Nigrinum optimum virum pertinacissime exercet. Per hunc a consulibus postulabat, ut Varenus exhibere rationes cogeretur. Assistebam Vareno iam tantum ut amicus et tacere decreveram. Nihil enim tam contrarium quam si advocatus a senatu datus defenderem ut reum, cui opus esset ne reus videretur. Cum tamen finita postulatione Nigrini consules ad me oculos rettulissent, 'Scietis' inquam 'constare nobis silentii nostri rationem, cum veros legatos provinciae audieritis.' Contra Nigrinus: 'Ad quem missi sunt?' Ego: 'Ad me quoque: habeo decretum provinciae.' Rursus ille: 'Potest tibi liquere.' Ad hoc ego: 'Si tibi ex diverso liquet, potest et mihi quod est melius liquere.Ì Tum legatus Polyaenus causas abolitae accusationis exposuit, postulavitque ne cognitioni Caesaris praeiudicium fieret. Respondit Magnus iterumque Polyaenus. Ipse raro et breviter interlocutus multum me intra silentium tenui. Accepi enim non minus interdum oratorium esse tacere quam dicere.
Atque adeo repeto me quibusdam capitis reis vel magis silentio quam oratione accuratissima profuisse. Mater amisso filio — quid enim prohibet, quamquam alia ratio scribendae epistulae fuerit, de studiis disputare? — libertos eius eosdemque coheredes suos falsi et veneficii reos detulerat ad principem, iudicemque impetraverat Iulium Servianum. Defenderam reos ingenti quidem coetu; erat enim causa notissima, praeterea utrimque ingenia clarissima. Finem cognitioni quaestio imposuit, quae secundum reos dedit. Postea mater adiit principem, affirmavit se novas probationes invenisse. Praeceptum est Suburano, ut vacaret finitam causam retractanti, si quid novi afferret. Aderat matri Iulius Africanus, nepos illius oratoris, quo audito Passienus Crispus dixit: 'Bene mehercule, bene; sed quo tam bene?' Huius nepos, iuvenis ingeniosus sed non parum callidus, cum multa dixisset assignatumque tempus implesset, 'Rogo' inquit, 'Suburane, permittas mihi unum verbum adicere.' Tum ego, cum omnes me ut diu responsurum intuerentur, 'Respondissem' inquam 'si unum illud verbum Africanus adiecisset, in quo non dubito omnia nova fuisse.' Non facile me repeto tantum assensum agendo consecutum, quantum tunc non agendo.
Similiter nunc et probatum et exceptum est, quod pro Vareno hactenus tacui. Consules, ut Polyaenus postulabat, omnia integra principi servaverunt; cuius cognitionem suspensus exspecto. Nam dies ille nobis pro Vareno aut securitatem et otium dabit aut intermissum laborem renovata sollicitudine iniunget. Vale.
◆
To Macrinus.
The suit against Varenus has come to an unusual and remarkable conclusion, and the issue is even now open to doubt. People say that the Bithynians have withdrawn their accusation against him, on the ground that they entered upon it without adequate proofs. That, I repeat, is what people are saying. However, the legate of the province is in Rome, and he has laid the decree of the Council before Caesar, before many of the leading men here, and even before us who are acting for Varenus. None the less our friend Magnus, as usual, persists in his opposition, and he still keeps worrying that estimable man Nigrinus. He pressed the consuls, through Nigrinus, to force Varenus to produce his official accounts.
I was standing by Varenus in a friendly way, and had made up my mind to say nothing, for nothing would have damaged his prospects so much as for me, who had been appointed by the senate to act on his behalf, to begin defending him, as though he were on his trial, when the great thing was to prevent him being put on his trial at all. However, when Nigrinus had concluded his demand, and the consuls looked towards me to say something, I remarked: "You will see that I have just grounds for saying nothing as soon as you have heard the true legates of the province." "To whom were they sent?" broke in Nigrinus. "To me as well as to others," I answered; "I have the decree of the province in my possession." "You may think so," said he. "Yes," I retorted, "and if you think otherwise, surely I too may take what view I think fit." Polyaenus, the legate, then explained why the accusation had been abandoned, and demanded that the case should not be prejudged before Caesar undertook his investigation into it. Magnus replied, and Polyaenus spoke again, while I too made a few brief remarks, though I took care to say nothing on the main points, for I have learned by experience that there are times when silence rather than speech makes the real orator, and I can call to mind several instances in which I have done my clients, who were accused on capital charges, more good by not saying anything than I could have done by the most finished address.
In one instance, a mother who had lost her son - for there is no reason why I should not recall some of my old cases, though this was not my motive in writing this letter - accused his freedmen - who were also co-heirs to the estate - of having forged the will and poisoned their master. She brought the matter to the notice of the Emperor, and obtained permission for Julius Servianus to act as judge.
I defended the accused in a crowded court, for the case was a regular cause célèbre, and there were the best counsel of the day engaged on both sides. The hearing was decided by the evidence of the slaves, who were submitted to torture, and their answers were in favour of the accused. Subsequently, the mother appealed to the Emperor, declaring that she had discovered fresh proofs. Suburanus was instructed to give her a hearing again, provided that she brought forward new evidence. Julius Africanus appeared for the mother - a grandson of the orator of whom Passienus Crispus said after listening to his speech : "Excellent, by Jove, excellent; but what is the point of your excellent address?" The grandson is a youth of talent but not particularly smart, and after he had gone on at some length and had come to the end of his allotted time, he remarked, "I hope, Suburanus, you will allow me to add one word more." Thereupon I, as everybody was looking towards me for a lengthy reply, simply said: "I should have replied if Africanus had added that one word more, for I don't doubt that it would have contained all the new evidence spoken of." I can hardly remember an occasion in which I got as much applause for my pleading as I then received for declining to plead.
It has been much the same in the present case, and my policy in saying just what I did on behalf of Varenus and nothing more has been greatly approved. The consuls, as Polyaenus desired, have left the Emperor an entirely free hand, and I am waiting for him to hear the case, with much anxiety; for, when he does, the issue of the day will either free us, who are on Varenus's side, from all trouble and make our minds perfectly easy, or it will entail our setting to work again and a new period of anxious worry. Farewell.
Human translation — Attalus.org
Latin / Greek Original
C. PLINIUS MACRINO SUO S.
Rara et notabilis res Vareno contigit, sit licet adhuc dubia. Bithyni accusationem eius ut temere incohatam omisisse narrantur. 'Narrantur' dico? Adest provinciae legatus, attulit decretum concilii ad Caesarem, attulit ad multos principes viros, attulit etiam ad nos Vareni advocatos. Perstat tamen idem ille Magnus; quin etiam Nigrinum optimum virum pertinacissime exercet. Per hunc a consulibus postulabat, ut Varenus exhibere rationes cogeretur. Assistebam Vareno iam tantum ut amicus et tacere decreveram. Nihil enim tam contrarium quam si advocatus a senatu datus defenderem ut reum, cui opus esset ne reus videretur. Cum tamen finita postulatione Nigrini consules ad me oculos rettulissent, 'Scietis' inquam 'constare nobis silentii nostri rationem, cum veros legatos provinciae audieritis.' Contra Nigrinus: 'Ad quem missi sunt?' Ego: 'Ad me quoque: habeo decretum provinciae.' Rursus ille: 'Potest tibi liquere.' Ad hoc ego: 'Si tibi ex diverso liquet, potest et mihi quod est melius liquere.Ì Tum legatus Polyaenus causas abolitae accusationis exposuit, postulavitque ne cognitioni Caesaris praeiudicium fieret. Respondit Magnus iterumque Polyaenus. Ipse raro et breviter interlocutus multum me intra silentium tenui. Accepi enim non minus interdum oratorium esse tacere quam dicere.
Atque adeo repeto me quibusdam capitis reis vel magis silentio quam oratione accuratissima profuisse. Mater amisso filio — quid enim prohibet, quamquam alia ratio scribendae epistulae fuerit, de studiis disputare? — libertos eius eosdemque coheredes suos falsi et veneficii reos detulerat ad principem, iudicemque impetraverat Iulium Servianum. Defenderam reos ingenti quidem coetu; erat enim causa notissima, praeterea utrimque ingenia clarissima. Finem cognitioni quaestio imposuit, quae secundum reos dedit. Postea mater adiit principem, affirmavit se novas probationes invenisse. Praeceptum est Suburano, ut vacaret finitam causam retractanti, si quid novi afferret. Aderat matri Iulius Africanus, nepos illius oratoris, quo audito Passienus Crispus dixit: 'Bene mehercule, bene; sed quo tam bene?' Huius nepos, iuvenis ingeniosus sed non parum callidus, cum multa dixisset assignatumque tempus implesset, 'Rogo' inquit, 'Suburane, permittas mihi unum verbum adicere.' Tum ego, cum omnes me ut diu responsurum intuerentur, 'Respondissem' inquam 'si unum illud verbum Africanus adiecisset, in quo non dubito omnia nova fuisse.' Non facile me repeto tantum assensum agendo consecutum, quantum tunc non agendo.
Similiter nunc et probatum et exceptum est, quod pro Vareno hactenus tacui. Consules, ut Polyaenus postulabat, omnia integra principi servaverunt; cuius cognitionem suspensus exspecto. Nam dies ille nobis pro Vareno aut securitatem et otium dabit aut intermissum laborem renovata sollicitudine iniunget. Vale.