Look here! The next time the court sits, you must, at all events, take your place there. In vain would your indolence repose itself under my protection, for there is no absenting oneself with impunity. Look at that severe, determined, praetor, Licinius Nepos, who fined even a senator for the same neglect! The senator pleaded his cause in person, but in suppliant tone. The fine, it is true, was remitted, but sore was his dismay, humble his intercession, and he had to ask pardon. "All praetors are not so severe as that," you will reply; you are mistaken — for though indeed to be the author and reviver of an example of this kind may be an act of severity, yet, once introduced, even lenity herself may follow the precedent. Farewell.
XLVIII — To LICINIUS SURA
I HAVE brought you as a little present out of the country a query which well deserves the consideration of your extensive knowledge. There is a spring which rises in a neighbouring mountain, and running among the rocks is received into a little banqueting-room, artificially formed for that purpose, from whence, after being detained a short time, it falls into the Larian lake. The nature of this spring is extremely curious; it ebbs and flows regularly three times a day. The increase and decrease is plainly visible, and exceedingly interesting to observe. You sit down by the side of the fountain, and while you are taking a repast and drinking its water, which is extremely cool, you see it gradually rise and fall. If you place a ring, or anything else at the bottom, when it is dry, the water creeps gradually up, first gently washing, finally covering it entirely, and then little by little subsides again. If you wait long enough, you may see it thus alternately advance and recede three successive times. Shall we say that some secret current of air stops and opens the fountain-head, first rushing in and checking the flow and then, driven back by the counter-resistance of the water, escaping again; as we see in bottles, and other vessels of that nature, where, there not being a free and open passage, though you turn their necks perpendicularly or obliquely downwards, yet, the outward air obstructing the vent, they discharge their contents as it were by starts? Or, may not this small collection of water be successively contracted and enlarged upon the same principle as the ebb and flow of the sea? Or, again, as those rivers which discharge themselves into the sea, meeting with contrary winds and the swell of the ocean, are forced back in their channels, so, in the same way, may there not be something that checks this fountain, for a time, in its progress? Or is there rather a certain reservoir that contains these waters in the bowels of the earth, and while it is recruiting its discharges, the stream in consequence flows more slowly and in less quantity, but, when it has collected its due measure, runs on again in its usual strength and fulness? Or lastly, is there I know not what kind of subterranean counterpoise, that throws up the water when the fountain is dry, and keeps it back when it is full? You, who are so well qualified for the enquiry, will examine into the causes of this wonderful phenomenon; it will be sufficient for me if I have given you an adequate description of it. Farewell.
XLIX — To ANNIUS SEVERUS
A SMALL legacy was lately left me, yet one more acceptable than a far larger bequest would have been. How more acceptable than a far larger one? In this way. Pomponia Gratilla, having disinherited her son Assidius Curianus, appointed me of one of her heirs, and Sertorius Severus, of pretorian rank, together with several eminent Roman knights, co-heirs along with me. The son applied to me to give him my share of the inheritance, in order to use my name as an example to the rest of the joint-heirs, but offered at the same time to enter into a secret agreement to return me my proportion. I told him, it was by no means agreeable to my character to seem to act one way while in reality I was acting another, besides it was not quite honourable making presents to a man of his fortune, who had no children; in a word, this would not at all answer the purpose at which he was aiming, whereas, if I were to withdraw my claim, it might be of some service to him, and this I was ready and willing to do, if he could clearly prove to me that he was unjustly disinherited.
"Do then," he said, "be my arbitrator in this case." After a short pause I answered him, "I will, for I don't see why I should not have as good an opinion of my own impartial disinterestedness as you seem to have. But, mind, I am not to be prevailed upon to decide the point in question against your mother, if it should appear she had just reason for what she has done." "As you please," he replied, "which I am sure is always to act according to justice." I called in, as my assistants, Corellius and Frontinus, two of the very best lawyers Rome at that time afforded. With these in attendance, I heard the case in my own chamber. Curianus said everything which he thought would favour his pretensions, to whom (there being nobody but myself to defend the character of the deceased) I made a short reply; after which I retired with my friends to deliberate, and, being agreed upon our verdict, I said to him, "Curianus, it is our opinion that your conduct has justly drawn upon you your mother's displeasure." Sometime afterwards, Curianus commenced a suit in the Court of the Hundred against all the co-heirs except myself. The day appointed for the trial approaching, the rest of the co-heirs were anxious to compromise the affair and have done with it, not out of any diffidence of their cause, but from a distrust of the times. They were apprehensive of what had happened to many others, happening to them, and that from a civil suit it might end in a criminal one, as there were some among them to whom the friendship of Gratilla and Rusticus[73] might be extremely prejudicial: they therefore desired me to go and talk with Curianus. We met in the temple of Concord; "Now supposing," I said, "your mother had left you the fourth part of her estate, or even suppose she had made you sole heir, but had exhausted so much of the estate in legacies that there would not be more than a fourth part remaining to you, could you justly complain? You ought to be content, therefore, if, being absolutely disinherited as you are, the heirs are willing to relinquish to you a fourth part, which however I will increase by contributing my proportion. You know you did not commence any suit against me, and two years have now elapsed, which gives me legal and indisputable possession. But to induce you to agree to the proposals on the part of the other co-heirs, and that you may be no sufferer by the peculiar respect you shew me, I offer to advance my proportion with them." The silent approval of my own conscience is not the only result out of this transaction; it has contributed also to the honour of my character. For it is this same Cunianus who has left me the legacy I have mentioned in the beginning of my letter, and I received it as a very notable mark of his approbation of my conduct, if I do not flatter myself. I have written and told you all this, because in all my joys and sorrows I am wont to look upon you as myself, and I thought it would be unkind not to communicate to so tender a friend whatever occasions me a sensible gratification; for I am not philosopher enough to be indifferent, when I think I have acted like an honour-able man, whether my actions meet with that approval which is in some sort their due. Farewell.