"Who swayed his people with a father's love":
and this expression of ours, "father of a family." But were I harsher and harder than I really am by nature, the ill state of health of my freedman Zosimus (who has the stronger claim upon my tenderness, in that he now stands in more especial need of it) would be sufficient to soften me. He is a good, honest fellow, attentive in his services, and well-read; but his chief talent, and indeed his distinguishing qualification, is that of a comedian, in which he highly excels. His pronunciation is distinct, correct in emphasis, pure, and graceful: he has a very skilled touch, too, upon the lyre, and performs with better execution than is necessary for one of his profession. To this I must add, he reads history, oratory, and poetry, as well as if these had been the sole objects of his study. I am the more particular in enumerating his qualifications, to let you see how many agreeable services I receive from this one servant alone. He is indeed endeared to me by the ties of a long affection, which are strengthened by the danger he is now in. For nature has so formed our hearts that nothing contributes more to incite and kindle affection than the fear of losing the object of it: a fear which I have suffered more than once on his account. Some years ago he strained himself so much by too strong an exertion of his voice, that he spit blood, upon which account I sent him into Egypt;[81] from whence, after a long absence, belately returned with great benefit to his health. But having again exerted himself for several days together beyond his strength, he was reminded of his former malady by a slight return of his cough, and a spitting of blood. For this reason I intend to send him to your farm at Forum-Julii,[82] having frequently heard you mention it as a healthy air, and recommend the milk of that place as very salutary in disorders of his nature. I beg you would give directions to your people to receive him into your house, and to supply him with whatever he may have occasion for: which will not be much, for he is so sparing and abstemious as not only to abstain from delicacies, but even to deny himself the necessaries his ill state of health requires. I shall furnish him towards his journey with what will be sufficient for one of his moderate requirements, who is coming under your roof. Farewell.
LVII — To RUFUS
I WENT into the Julian[83] court to hear those lawyers to whom, according to the last adjournment, I was to reply. The judges had taken their seats, the decemviri[84] were arrived, the eyes of the audience were fixed upon the counsel, and all was hushed silence and expectation, when a messenger arrived from the praetor, and the Hundred are at once dismissed, and the case postponed: an accident extremely agreeable to me, who am never so well prepared but that I am glad of gaining further time. The occasion of the court's rising thus abruptly was a short edict of Nepos, the praetor for criminal causes, in which he directed all persons concerned as plaintiffs or defendants in any cause before him to take notice that he designed strictly to put in force the decree of the senate annexed to his edict. Which decree was expressed in the following words:
ALL PERSONS WHOSOEVER THAT HAVE ANY LAW-SUITS DEPENDING ARE
HEREBY REQUIRED AND COMMANDED, BEFORE ANY PROCEEDINGS BE HAD
THEREON, TO TAKE AN OATH THAT THEY HAVE NOT GIVEN, PROMISED,
OR ENGAGED TO GIVE, ANY FEE OR REWARD TO ANY ADVOCATE, UPON
ACCOUNT OF HIS UNDERTAKING THEIR CAUSE.
In these terms, and many others equally full and express, the lawyers were prohibited to make their professions venal. However, after the case is decided, they are permitted to accept a gratuity of ten thousand sesterces.[85] The praetor for civil causes, being alarmed at this order of Nepos, gave us this unexpected holiday in order to take time to consider whether he should follow the example. Meanwhile the whole town is talking, and either approving or condemning this edict of Nepos. We have got then at last (say the latter with a sneer) a redressor of abuses. But pray was there never a praetor before this man? Who is he then who sets up in this way for a public reformer? Others, on the contrary, say, "He has done perfectly right upon his entry into office; he has paid obedience to the laws; considered the decrees of the senate, repressed most indecent contracts, and will not suffer the most honourable of all professions to be debased into a sordid lucre traffic." This is what one hears all around one; but which side may prevail, the event will shew. It is the usual method of the world (though a very unequitable rule of estimation) to pronounce an action either right or wrong, according as it is attended with good or ill success; in consequence of which you may hear the very same conduct attributed to zeal or folly, to liberty or licentiousness, upon different several occasions. Farewell.
LVIII — To ARRIANUS
SOMETIMES I miss Regulus in our courts. I cannot say I deplore his loss. The man, it must be owned, highly respected his profession, grew pale with study and anxiety over it, and used to write out his speeches though he could not get them by heart. There was a practice he had of painting round his right or left eye,[86] and wearing a white patch[87] over one side or the other of his forehead, according as he was to plead either for the plaintiff or defendant; of consulting the soothsayers upon the issue of an action; still, all this excessive superstition was really due to his extreme earnestness in his profession. And it was acceptable enough being concerned in the same cause with him, as he always obtained full indulgence in point of time, and never failed to get an audience together; for what could be more convenient than, under the protection of a liberty which you did not ask yourself, and all the odium of the arrangement resting with another, and before an audience which you had not the trouble of collecting, to speak on at your ease, and as long as you thought proper? Nevertheless Regulus did well in departing this life, though he would have done much better had he made his exit sooner. He might really have lived now without any danger to the public, in the reign of a prince under whom he would have had no opportunity of doing any harm. I need not scruple therefore, I think, to say I sometimes miss him: for since his death the custom has prevailed of not allowing, nor indeed of asking more than an hour or two to plead in, and sometimes not above half that time. The truth is, our advocates take more pleasure in finishing a cause than in defending it; and our judges had rather rise from the bench than sit upon it: such is their indolence, and such their indifference to the honour of eloquence and the interest of justice! But are we wiser than our ancestors? are we more equitable than the laws which grant so many hours and days of adjournments to a case? were our forefathers slow of apprehension, and dull beyond measure? and are we clearer of speech, quicker in our conceptions, or more scrupulous in our decisions, because we get over our causes in fewer hours than they took days? O Regulus! it was by zeal in your profession that you secured an advantage which is but rarely given to the highest integrity. As for myself, whenever I sit upon the bench (which is much oftener than I appear at the bar), I always give the advocates as much time as they require: for I look upon it as highly presuming to pretend to guess, before a case is heard, what time it will require, and to set limits to an affair before one is acquainted with its extent; especially as the first and most sacred duty of a judge is patience, which constitutes an important part of justice. But this, it is objected, would give an opening to much superfluous matter: I grant it may; yet is it not better to hear too much than not to hear enough? Besides, how shall you know that what an advocate has farther to offer will be superfluous, until you have heard him? But this, and many other public abuses, will be best reserved for a conversation when we meet; for I know your affection to the commonwealth inclines you to wish that some means might be found out to check at least those grievances, which would now be very difficult absolutely to remove. But to return to affairs of private concern: I hope all goes well in your family; mine remains in its usual situation. The good which I enjoy grows more acceptable to me by its continuance; as habit renders me less sensible of the evils I suffer. Farewell.