IT is certain the law does not allow a corporate city to inherit any estate by will, or to receive a legacy. Saturninus, however, who has appointed me his heir, had left a fourth part of his estate to our corporation of Comum; afterwards, instead of a fourth part, he bequeathed four hundred thousand sesterces.[78] This bequest, in the eye of the law, is null and void, but, considered as the clear and express will of the deceased, ought to stand firm and valid. Myself, I consider the will of the dead (though I am afraid what I say will not please the lawyers) of higher authority than the law, especially when the interest of one's native country is concerned. Ought I, who made them a present of eleven hundred thousand sesterces[79] out of my own patrimony, to withhold a benefaction of little more than a third part of that sum out of an estate which has come quite by a chance into my hands? You, who like a true patriot have the same affection for this our common country, will agree with me in opinion, I feel sure. I wish therefore you would, at the next meeting of the Decurii, acquaint them, just briefly and respectfully, as to how the law stands in this case, and then add that I offer them four hundred thousand sesterces according to the direction in Saturninus' will. You will represent this donation as his present and his liberality; I only claim the merit of complying with his request. I did not trouble to write to their senate about this, fully relying as I do upon our intimate friendship and your wise discretion, and being quite satisfied that you are both able and willing to act for me upon this occasion as I would for myself; besides, I was afraid I should not seem to have so cautiously guarded my expressions in a letter as you will be able to do in a speech. The countenance, the gesture, and even the tone of voice govern and determine the sense of the speaker, whereas a letter, being without these advantages, is more liable to malignant misinterpretation. Farewell.
LIV — To MARCELLINUS
I WRITE this to you in the deepest sorrow: the youngest daughter of my friend Fundanus is dead! I have never seen a more cheerful and more lovable girl, or one who better deserved to have enjoyed a long, I had almost said an immortal, life! She was scarcely fourteen, and yet there was in her a wisdom far beyond her years, a matronly gravity united with girlish sweetness and virgin bashfulness. With what an endearing fondness did she hang on her father's neck! How affectionately and modestly she used to greet us his friends! With what a tender and deferential regard she used to treat her nurses, tutors, teachers, each in their respective offices! What an eager, industrious, intelligent, reader she was! She took few amusements, and those with caution. How self-controlled, how patient, how brave, she was, under her last illness! She complied with all the directions of her physicians; she spoke cheerful, comforting words to her sister and her father; and when all her bodily strength was exhausted, the vigour of her mind sustained her. That indeed continued even to her last moments, unbroken by the pain of a long illness, or the terrors of approaching death; and it is a reflection which makes us miss her, and grieve that she has gone from us, the more. 0 melancholy, untimely, loss, too truly! She was engaged to an excellent young man; the wedding-day was fixed, and we were all invited. How our joy has been turned into sorrow! I cannot express in words the inward pain I felt when I heard Fundanus himself (as grief is ever finding out fresh circumstances to aggravate its affliction) ordering the money he had intended laying out upon clothes, pearls, and jewels for her marriage, to be employed in frankincense, ointments, and perfumes for her funeral. He is a man of great learning and good sense, who has applied himself from his earliest youth to the deeper studies and the fine arts, but all the maxims of fortitude which he has received from books, or advanced himself, he now absolutely rejects, and every other virtue of his heart gives place to all a parent's tenderness. You will excuse, you will even approve, his grief, when you consider what he has lost. He has lost a daughter who resembled him in his manners, as well as his person, and exactly copied out all her father. So, if you should think proper to write to him upon the subject of so reasonable a grief, let me remind you not to use the rougher arguments of consolation, and such as seem to carry a sort of reproof with them, but those of kind and sympathizing humanity. Time will render him more open to the dictates of reason: for as a fresh wound shrinks back from the hand of the surgeon, but by degrees submits to, and even seeks of its own accord the means of its cure, so a mind under the first impression of a misfortune shuns and rejects all consolations, but at length desires and is lulled by their gentle application. Farewell.
LV — To SPURINNA
KNOWING, as I do, how much you admire the polite arts, and what satisfaction you take in seeing young men of quality pursue the steps of their ancestors, I seize this earliest opportunity of informing you that I went to-day to hear Calpurnius Piso read a beautiful and scholarly production of his, entitled the Sports of Love. His numbers, which were elegiac, were tender, sweet, and flowing, at the same time that they occasionally rose to all the sublimity of diction which the nature of his subject required. He varied his style from the lofty to the simple, from the close to the copious, from the grave to the florid, with equal genius and judgment. These beauties were further recommended by a most harmonious voice; which a very becoming modesty rendered still more pleasing. A confusion and concern in the countenance of a speaker imparts a grace to all he utters; for diffidence, I know not how, is infinitely more engaging than assurance and self-sufficiency. I might mention several other circumstances to his advantage, which I am the more inclined to point out, as they are exceedingly striking in one of his age, and are most uncommon in a youth of his quality: but not to enter into a farther detail of his merit, I will only add that, when he had finished his poem, I embraced him very heartily, and being persuaded that nothing is a greater encouragement than applause, I exhorted him to go on as he had begun, and to shine out to posterity with the same glorious lustre, which was reflected upon him from his ancestors. I congratulated his excellent mother, and particularly his brother, who gained as much honour by the generous affection he manifested upon this occasion as Calpurnius did by his eloquence; so remarkable a solicitude he showed for him when he began to recite his poem, and so much pleasure in his success. May the gods grant me frequent occasions of giving you accounts of this nature! for I have a partiality to the age in which I live, and should rejoice to find it not barren of merit. I ardently wish, therefore, our young men of quality would have something else to show of honourable memorial in their houses than the images[80] of their ancestors. As for those which are placed in the mansion of these excellent youths, I now figure them to myself as silently applauding and encouraging their pursuits, and (what is a sufficient degree of honour to both brothers) as recognizing their kindred. Farewell.
LVI — To PAULINUS
As I know the humanity with which you treat your own servants, I have less reserve in confessing to you the indulgence I shew to mine. I have ever in my mind that line of Homer's —