In the third action, we thought our best course was to lump the defendants together, fearing lest, if the trial were to be spun out to undue length, those who were hearing the case would grow sick and tired of it, and their zeal for strict justice and severity would abate. Besides, the accused persons, who had been designedly kept over till then, were all of comparatively little importance, except the wife of Classicus, and, although suspicion against her was strong, the proofs seemed rather weak. As for the daughter of Classicus, who was also among the defendants, she had cleared herself even of suspicion. Consequently, when I reached her name in the last trial—for there was no fear then as there had been at the beginning that such an admission would weaken the force of the prosecution—I thought the most honourable course was to refrain from pressing the charge against an innocent person, and I frankly said so, repeating the idea in various forms. For example, I asked the deputation of the Baetici whether they had given me definite instructions on any point which they felt confident they could prove against her; I turned to the senators and inquired whether they thought I ought to employ what eloquence I might possess against an innocent person, and hold, as it were, the knife to her throat; and, finally, I concluded the subject with these words: "Some one may say, 'You are presuming to act as judge.' No, I reply, I am not presuming to be a judge, but I cannot forget that the judges appointed me to act as counsel."
Well, the conclusion of this trial, with its crowd of defendants, was that a certain few were acquitted, but the majority were condemned and banished, some for a fixed term of years, and others for life. In the same decree the Senate expressed in most handsome terms its appreciation of our industry, loyalty, and perseverance, and this was the only possible worthy and adequate reward for the trouble we had taken. You can imagine how worn out we were, when you think how often we had to plead, and answer the pleadings of our opponents, and how many witnesses we had to cross-question, encourage, and refute. Besides, you know how trying and vexatious it is to say "no" to the friends of the accused when they come pleading with you in private, and to stoutly oppose them when they confront you in open court. I will tell you one of the things I said. When one of those who were acting as judges interrupted me on behalf of one of the accused in whom he took a special interest, I replied: "He will be none the less innocent, if he be innocent, when I have had my full say." You can guess from this sample what opposition we had to face, and how we could not avoid giving offence,—but that only lasted a short time, for though at the moment a loyal conduct of a case may offend those whom one is opposing, in the end it wins even their admiration and respect.
I have brought you up to date as well as I could. You will say, "It was not worth while, for what have I to do with such a long letter?" If you do, don't ask again what is going on at Rome, and bear in mind that you cannot call a letter long which covers so many days, so many trials, and so many defendants and pleadings. I think I have dealt with all these subjects as briefly as I am sure they are exactly dealt with. But no, I was rash to say "exactly"; I remember a point which I had omitted, and I will tell you about it even now, though it is out of its proper place. Homer does this, and many other authors have followed his example—with very good effect too—though that is not my reason for so doing. One of the witnesses, annoyed at being summoned to appear, or bribed by some one of the defendants in order to weaken the prosecution, laid an accusation against Norbanus Licinianus, a member of the deputation, who had been instructed to get up the case, and charged him with having acted in collusion with the other side in relation to Casta, the wife of Classicus. It is a legal rule in such instances that the trial of the accused must be finished before inquiry is made into a charge of collusion, on the ground that one can best form an opinion on the bona fides of the prosecution by noticing how the case has been carried through. However, Norbanus reaped no advantage from this point of law, nor did his position as member of the deputation, nor his duties as one of those getting up the action stand him in good stead. A storm of prejudice broke out against him, and there is no denying that his hands were crime-stained, that he, like many others, had taken advantage of the evil times of Domitian, and that he had been selected by the provincials to get up the case, not as a man of probity and honour, but because he had been a personal enemy of Classicus, by whom, indeed, he had been banished.
He demanded that a day should be fixed for his trial, and that the charge against him should be published; both were refused, and he was obliged to answer on the spot. He did so, and though the thorough badness and depravity of the fellow make me hesitate to say whether he showed more impudence or resolution, he certainly replied with great readiness. There were sundry things brought against him which did him much greater damage than the charge of collusion, and two men of consular rank, Pomponius Rufus and Libo Frugi, severely damaged him by giving evidence to the effect that during the reign of Domitian he had assisted the prosecution of Salvius Liberalis before the judge. He was convicted and banished to an island. Consequently, when I was accusing Casta, I specially pressed the point that her accuser had been found guilty of collusion. But I did so in vain, and we had the novel and inconsistent result that the accused was acquitted though her accuser was found guilty of collusion with her. You may ask what we were about while this was going on. We told the Senate that we had received all our instructions for this public trial from Norbanus, and that the case ought to be tried afresh if he were proved guilty of collusion, and so, while his trial was proceeding, we sat still. Subsequently Norbanus was present every day the trial lasted, and showed right up to the end the same resolute or impudent front.
I wonder if I have forgotten anything else. Well, I almost did. On the last day Salvius Liberalis bitterly assailed the rest of the deputation on the ground that they had not brought accusations against all whom they were commissioned to accuse by the province. He is a powerful and able speaker, and he put them in some danger. However, I went to the protection of those excellent and most grateful men, and they declare that they owe it entirely to me that they safely weathered that storm. This is the end, positively the end of my letter: I will not add another syllable, even if I discover that I have still omitted to tell you something. Farewell.
3.X.—TO VESTRICIUS SPURINNA AND HIS WIFE COTTIA.
When I was last at your house I did not tell you that I had composed some verses about your son. I refrained from so doing, first, because I had not written them simply for the sake of reciting them, but in order to relieve my feelings of love and sorrow; and, in the second place, Spurinna, I thought that when you were told that I had given a recitation—as you mentioned to me—you had also heard its subject. Moreover, I was afraid of troubling you in your happiness by recalling to your remembrance your bitter sorrow. Even now I have been hesitating somewhat as to whether I should send you at your request only the verses that I actually read, or whether I should also send those which I am thinking of reserving for another volume. For my love for him was such that I find it impossible to do justice to the memory of one who was so dear and precious to me in a single volume, and his fame will be best consulted if it is husbanded and carefully expressed. But though, as I say, I am doubtful whether to show you all that I have composed on the subject, or whether I should still keep back a part, it has seemed to me that frankness and our friendship demand that I should let you have the whole, especially as you promise that you will keep them strictly entre nous until I decide to publish them. The only other request I make is that you will be equally candid with me and tell me if you think any additions, alterations, or omissions should be made. It is difficult to focus the mind on such subjects when one is in trouble, but in spite of that I want you to deal with me as you would with a sculptor or a painter who was making a model or portrait of your son. In such a case, you would advise him as to the points he should bring out and alter, and similarly I hope you will guide and direct me, for I am essaying a likeness, neither frail nor perishable, but one, as you think, which will last for ever. It will be the more durable, according to its trueness to life and correctness of detail. Farewell.
3.XI.—TO JULIUS GENITOR.
Our friend Artemidorus has so much goodness of heart that he always exaggerates the services his friends render him, and hence, in my case, though it is true that I have done him a good turn, he speaks of it in far too glowing language. When the philosophers were banished from the city I was staying with him in his suburban residence, and the visit was the more talked about and the more dangerous to me, because I was praetor at the time. Moreover, as he stood in need of a considerable sum of money to discharge some debts which he had incurred for the most honourable of reasons, I borrowed the sum and gave it to him as a free gift, when certain of his powerful and rich friends held aloof. I did so in spite of the fact that seven of my friends had been put to death or banished; Senecio, Rusticus, and Helvidius having suffered the former, and Mauricus, Gratilla, Arria, and Fannia the latter punishment. With all these thunderbolts falling round me, I felt scorched, and there were certain clear indications that a like fate was hanging over my head, but I do not on that account think I deserve the splendid credit which Artemidorus assigns me—I only claim to have avoided the disgrace of deserting my friends. For I loved and admired his father-in-law, Caius Musonius, as far as the difference in our ages would permit, while as for Artemidorus himself, even when I was on active service as tribune in Syria, I was on terms of close intimacy with him, and the first sign I gave of possessing any brains at all was that I appeared to appreciate a man who was either the absolute sage, or the nearest possible approximation to such a character. For, of all those who nowadays call themselves philosophers, you will hardly find another to match him in the qualities of sincerity and truth. I say nothing of the physical fortitude with which he bears the extremes both of summer and winter, or of the way in which he never shrinks from work, never indulges himself in the pleasures of eating and drinking, and keeps constant restraint over his appetites and desires. In another man these would appear great virtues, but in Artemidorus they appear mere trifles compared with his other noble qualities, which obtained for him the distinction of being chosen by Caius Musonius as his son-in-law amid a crowd of disciples belonging to all ranks of society. As I think of all these things it is pleasant to know that he sings my praises so loudly, not only to others but also to you, but I am afraid he overdoes them, for—to go back again to the point whence I started—he is so good-hearted that he is given to exaggeration. It is one of his faults—an honourable one, no doubt, but still a fault—that, though he is otherwise most level-headed, he entertains a higher opinion of his friends than they deserve. Farewell.