LXIV — To THE EMPEROR TRAJAN
I RETURN you my warmest acknowledgments, Sir, that, among the many important occupations in which you are engaged you have condescended to be my guide on those points on which I have consulted you: a favour which I must now again beseech you to grant me. A certain person presented himself with a complaint that his adversaries, who had been banished for three years by the illustrious Servilius Calvus, still remained in the province: they, on the contrary, affirmed that Calvus had revoked their sentence, and produced his edict to that effect. I thought it necessary therefore to refer the whole affair to you. For as I have your express orders not to restore any person who has been sentenced to banishment either by myself or others so I have no directions with respect to those who, having been banished by some of my predecessors in this government, have by them also been restored. It is necessary for me, therefore, to beg you would inform me, Sir, how I am to act with regard to the above- mentioned persons, as well as others, who, after having been condemned to perpetual banishment, have been found in the province without permission to return; for cases of that nature have likewise fallen under my cognisance. A person was brought before me who had been sentenced to perpetual exile by the proconsul Julius Bassus, but knowing that the acts of Bassus, during his administration, had been rescinded, and that the senate had granted leave to all those who had fallen under his condemnation of appealing from his decision at any time within the space of two years, I enquired of this man whether he had, accordingly, stated his case to the proconsul. He replied he had not. I beg then you would inform me whether you would have him sent back into exile or whether you think some more severe and what kind of punishment should be inflicted upon him, and such others who may hereafter be found under the same circumstances. I have annexed to my letter the decree of Calvus, and the edict by which the persons above-mentioned were restored, as also the decree of Bassus.
LXV — TRAJAN TO PLINY
I WILL let you know my determination concerning those exiles which were banished for three years by the proconsul P. Servilius Calvus, and soon afterwards restored to the province by his edict, when I shall have informed myself from him of the reasons of this proceeding. With respect to that person who was sentenced to perpetual banishment by Julius Bassus, yet continued to remain in the province, without making his appeal if he thought himself aggrieved (though he had two years given him for that purpose), I would have sent in chains to my praetorian prefects: [1043b] for, only to remand him back to a punishment which he has contumaciously eluded will by no means be a sufficient punishment.
LXVI — To THE EMPEROR TRAJAN
WHEN I cited the judges, Sir, to attend me at a sessions [1044b] which I was going to hold, Flavius Archippus claimed the privilege of being excused as exercising the profession of a philosopher. [1045b] It was alleged by some who were present that he ought not only to be excused from that office, but even struck out of the rolls of judges, and remanded back to the punishment from which he had escaped, by breaking his chains. At the same time a sentence of the proconsul Velius Paullus was read, by which it appeared that Archippus had been condemned to the mines for forgery. He had nothing to produce in proof of this sentence having ever been reversed. He alleged, however, in favour of his restitution, a petition which he presented to Domitian, together with a letter from that prince, and a decree of the Prusensians in his honour. To these he subjoined a letter which he had received from you; as also an edict and a letter of your august father confirming the grants which had been made to him by Domitian. For these reasons, notwithstandng crimes of so atrocious a nature were laid to his charge, I did not think proper to determine anything concerning him, without first consulting with you, as it is an affair which seems to merit your particular decision. I have transmitted to you, with this letter, the several allegations on both sides.
DOMITIAN'S LETTER TO TERENTIUS MAXIMUS