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XLI — To MATURUS ARRIANUS

Mv advancement to the dignity of augur[65] is an honour that justly indeed merits your congratulations; not only because it is highly honourable to receive, even in the slightest instances, a testimony of the approbation of so wise and discreet a prince,[66] but because it is moreover an ancient and religious institution, which has this sacred and peculiar privilege annexed to it, that it is for life. Other sacerdotal offices, though they may, perhaps, be almost equal to this one in dignity, yet as they are given so they may be taken away again: but fortune has no further power over this than to bestow it. What recommends this dignity still more highly is, that I have the honour to succeed so illustrious a person as Julius Frontinus. He for many years, upon the nomination-day of proper persons to be received into the sacred college, constantly proposed me, as though he had a view to electing me as his successor; and since it actually proved so in the event, I am willing to look upon it as something more than mere accident. But the circumstance, it seems, that most pleases you in this affair, is, that Cicero enjoyed the same post; and you rejoice (you tell me) to find that I follow his steps as closely in the path of honours as I endeavour to do in that of eloquence. I wish, indeed, that as I had the advantage of being admitted earlier into the same order of priesthood, and into the consular office, than Cicero, that so I might, in my later years, catch some spark, at least, of his divine genius! The former, indeed, being at man's disposal, may be conferred on me and on many others, but the latter it is as presumptuous to hope for as it is difficult to reach, being in the gift of heaven alone. Farewell.

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XLII — To STATIUS SABINUS

YOUR letter informs me that Sabina, who appointed you and me her heirs, though she has nowhere expressly directed that Modestus shall have his freedom, yet has left him a legacy in the following words, "I give, &c.—To Modestus, whom I have ordered to have his freedom": upon which you desire my opinion. I have consulted skilful lawyers upon the point, and they all agree Modestus is not entitled to his liberty, since it is not expressly given, and consequently that the legacy is void, as being bequeathed to a slave.[67] But it evidently appears to be a mistake in the testatrix; and therefore I think we ought to act in this case as though Sabina had directed, in so many words, what, it is clear, she had ordered. I am persuaded you will go with me in this opinion, who so religiously regard the will of the deceased, which indeed where it can be discovered will always be law to honest heirs. Honour is to you and me as strong an obligation as the compulsion of law is to others. Let Modestus then enjoy his freedom and his legacy as fully as if Sabina had observed all the requisite forms, as indeed they effectually do who make a judicious choice of their heirs. Farewell.

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XLIII — To CORNELIUS MINICIANUS

[68]

Have you heard—I suppose, not yet, for the news has but just arrived — that Valerius Licinianus has become a professor in Sicily? This unfortunate person, who lately enjoyed the dignity of praetor, and was esteemed the most eloquent of our advocates, is now fallen from a senator to an exile, from an orator to a teacher of rhetoric. Accordingly in his inaugural speech he uttered, sorrowfully and solemnly, the following words: "Oh! Fortune, how capriciously dost thou sport with mankind! Thou makest rhetoricians of senators, and senators of rhetoricians!" A sarcasm so poignant and full of gall that one might almost imagine he fixed upon this profession merely for the sake of an opportunity of applying it. And having made his first appearance in school, clad in the Greek cloak (for exiles have no right to wear the toga), after arranging himself and looking down upon his attire, "I am, however," he said, "going to declaim in Latin." You will think, perhaps, this situation, wretched and deplorable as it is, is what he well deserves for having stained the honourable profession of an orator with the crime of incest. It is true, indeed, he pleaded guilty to the charge; but whether from a consciousness of his guilt, or from an apprehension of worse consequences if he denied it, is not clear; for Domitian generally raged most furiously where his evidence failed him most hopelessly. That emperor had determined that Cornelia, chief of the Vestal Virgins, should be buried alive, from an extravagant notion that exemplary severities of this kind conferred lustre upon his reign. Accordingly, by virtue of his office as supreme pontiff, or, rather, in the exercise of a tyrant's cruelty, a despot's lawlessness, he convened the sacred college, not in the pontifical court where they usually assemble, but at his villa near Alba; and there, with a guilt no less heinous than that which he professed to be punishing, he condemned her, when she was not present to defend herself, on the charge of incest, while he himself had been guilty, not only of debauching his own brother's daughter, but was also accessory to her death: for that lady, being a widow, in order to conceal her shame, endeavoured to procure an abortion, and by that means lost her life. However, the priests were directed to see the sentence immediately executed upon Cornelia. As they were leading her to the place of execution, she called upon Vesta, and the rest of the gods, to attest her innocence; and, amongst other exclamations, frequently cried out, "Is it possible that Cæsar can think me polluted, under the influence of whose sacred functions he has conquered and triumphed?"[69] Whether she said this in flattery or derision; whether it proceeded from a consciousness of her innocence, or contempt of the emperor, is uncertain; but she continued exclaiming in this manner, till she came to the place of execution, to which she was led, whether innocent or guilty I cannot say, at all events with every appearance and demonstration of innocence. As she was being lowered down into the subterranean vault, her robe happening to catch upon something in the descent, she turned round and disengaged it, when, the executioner offering his assistance, she drew herself back with horror, refusing to be so much as touched by him, as though it were a defilement to her pure and unspotted chastity: still preserving the appearance of sanctity up to the last moment; and, among all the other instances of her modesty,