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
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.
LXXXVI – 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.
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.
LXXXVIII – 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 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!
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
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.
XCII – TRAJAN TO PLINY
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.
XCIV – TRAJAN TO PLINY
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]
XCVI – TRAJAN TO PLINY
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]