It is beyond question that a community cannot be appointed heir and cannot take a share of an inheritance before the general distribution of the estate. None the less, Saturninus, who left us his heirs, bequeathed a fourth share to our community of Comum, and then, in lieu of that fourth share, assigned them permission to take 400,000 sesterces before the division of the estate. As a matter of strict law, this is null and void, but if you only look at the intentions of the deceased, it is quite sound and valid. I don't know what the lawyers will think of what I am going to say, but to me the wishes of the deceased seem worthy of more consideration than the letter of the law, especially as regards the sum which he wished to go to our common birthplace. Moreover, I, who gave 1,600,000 sesterces our of my own money to my native place, am not the man to refuse it a little more than a third part of 400,000 sesterces which have come to me by a lucky windfall. I know that you too will not refuse to fall in with my views, as your affection for the same community is that of a thoroughly loyal citizen. I shall be glad, therefore, if at the next meeting of the decurions, you will lay before them the state of the law, and I hope you will do so briefly and modestly. Then add that we make them an offer of the 400,000 sesterces, in accordance with the wishes of Saturninus. But be sure to point out that the munificence and generosity are his, and that all we are doing is to obey his wishes. I have refrained from writing in a public manner on this business, firstly, because I knew very well that our friendship was such, and that your judgment was so ripe, that you could and ought to act for me as well as for yourself, and then again I was afraid that I might not preserve in a letter that exact mean which you will have no difficulty in preserving in a speech. For a man's expression, his gestures, and even the tones of his voice help to indicate the precise meaning of his words, while a letter, which is deprived of all these advantages, is exposed to the malignity of those who put upon it what interpretation they choose. Farewell.
5.VIII.—TO TITINIUS CAPITO.
You urge me to write history, nor are you the first to do so. Many others have often given me the same advice, and I am quite willing to follow it, not because I feel confident that I should succeed in so doing—for it would be presumption to think so until one had tried—but because it seems to me a very proper thing not to let people be forgotten whose fame ought never to die, and to perpetuate the glories of others together with one's own. Personally, I confess that there is nothing on which I have set my heart so much as to win a lasting reputation, and the ambition is a worthy one for any man, especially for one who is not conscious of having committed any wrong and has no cause to fear being remembered by posterity. Hence it is that both day and night I scheme to find a way "to raise myself above the ordinary dull level": my ambition goes no farther than that, for it is quite beyond my dreams "that my victorious name should pass from mouth to mouth." "And yet—!"—but I am quite satisfied with the fame which history alone seems to promise me. For one reaps but a small reward from oratory and poetry, unless our eloquence is really first-class, while history seems to charm people in whatever style it is written. For men are naturally curious; they are delighted even by the baldest relation of facts, and so we see them carried away even by little stories and anecdotes.
Again, there is a precedent in my own family which impels me towards writing history. My uncle, who was also my father by adoption, was a historian of the most scrupulous type, and I find all wise men agree that one can do nothing better than follow in the footsteps of one's ancestors, provided that they have gone in the right path themselves. Why, then, do I hesitate? For this reason, that I have delivered a number of pleadings of serious importance, and it is my intention to revise them carefully—though my hopes of fame from them are only slight—lest, in spite of all the trouble they have given me, they should perish with me, just for want of receiving the last polishing and additional touches. For if you have a view to what posterity will say, all that is not absolutely finished must be classed as incomplete matter. You will say: "Yes, but you can touch up your pleadings and compose history at the same time." I wish I could, but each is so great a task that I should think I had done very well to have finished either.
I began to plead in the Forum in my nineteenth year, and it is only just now that I begin to see darkly what an orator ought to be. What would happen if I were to take on a new task in addition to this one? Oratory and history have many things in common, but they also differ greatly in the points that seem common to both. There is narrative in both, but of a different type; the humblest, meanest and most common-place subjects suit the one; the other requires research, splendour, and dignity. In the one you may describe the bones, muscles, and nerves of the body, in the other brawny parts and flowing manes. In oratory one wants force, invective, sustained attack; in history the charm is obtained by copiousness and agreeableness, even by sweetness of style. Lastly, the words used, the forms of speech, and the construction of the sentences are different. For, as Thucydides remarks, it makes all the difference whether the composition is to be a possession for all time or a declamation for the moment; oratory has to do with the latter, history with the former.
Hence it is that I do not feel tempted to hopelessly jumble together two dissimilar styles which differ from one another just because of their great importance, and I am afraid I should become bewildered by such a terrible medley and write in the one style just where I ought to be employing the other. For the meantime, therefore, to use the language of the courts, I ask your gracious permission to go on with my pleading. However, do you be good enough even now to consider the period which it would be best for me to tackle. Shall it be a period of ancient history which others have dealt with before me? If so, the materials are all ready to hand, but the putting them together would be a heavy task. On the other hand, if I choose a modern period which has not been dealt with, I shall get but small thanks and am bound to give serious offence. For, besides the fact that the general standard of morality is so lax that there is much more to censure than to praise, you are sure to be called niggardly if you praise and too censorious if you censure, though you may have been lavish of appreciation and scrupulously guarded in reproach. However, these considerations do not stay me, for I have the courage of my convictions. I only beg of you to prepare the way for me in the direction you urge me to take, and choose a subject for me, so that, when I am at length ready to take pen in hand, no other overpowering reason may crop up to make me hesitate and delay my purpose. Farewell.
5.IX.—TO RUFUS.
I had gone down to the basilica of Julius to listen to the speeches of the counsel to whom I had to reply from the last postponement. The judges were in their places; the decemvirs had arrived; the advocates were moving to and fro, and then came a long silence, broken at last by a message from the praetor. The centumvirs were dismissed and the hearing was put off, at which I was glad, for I am never so well prepared that I am not pleased at having extra time given me. The postponement was due to Nepos, the praetor-designate, who hears cases with the most scrupulous attention to legal forms. He had issued a short edict warning both plaintiffs and defendants that he would strictly carry out the decree of the Senate. Attached to the edict was a copy of the decree, which provided "that all persons engaged in any lawsuit are hereby ordered to take an oath before their cases are heard, that they have neither given nor promised any sum to their advocates, nor have entered into any contract to pay them for their advocacy." In these words and other long sentences as well, advocates were forbidden to sell their services and litigants to buy them, although, when a suit is over, the latter are allowed to offer their counsel a sum not exceeding ten thousand sesterces. The praetor, who was presiding over the Court of the Centumviri, was embarrassed by this decree of Nepos and gave us an unexpected holiday, while he made up his mind whether or not he should follow the example set him. Meanwhile, the whole town is discussing the edict of Nepos, some favourably, others adversely. Many people are saying: "Well, we have found a man to set the crooked straight. But have there been no praetors before Nepos, and who is Nepos that he should mend our public morals?" On the other hand, a number of people argue: "He has acted quite rightly. He has mastered the laws before entering office, he has read the decrees of the Senate, he is putting a stop to a disgraceful system of bargaining, and he will not allow a most honourable profession to be bought and sold in a scandalous way." That is how people are talking everywhere, and there will be no majority for one side or the other till it is known how the matter will end. It is very deplorable, but it is the accepted rule that good or bad counsels are approved or condemned according to whether they turn out well or badly. The result is that we find the self-same deed ascribed sometimes to zeal, sometimes to vanity, and even to love of liberty and downright madness. Farewell.
5.X.—TO SUETONIUS TRANQUILLUS.
Do, I beg of you, fulfil the promise I made in my verses when I pledged my word that our common friends should see your compositions. People are asking for them every day, clamouring for them even, and, if you are not careful, you may find yourself served with a writ to publish them. I myself am very slow to make up my mind to publish, but you are far more of a slow-coach than even I am. So either decide at once, or take care that I do not drag those books of yours from you by the lash of my satire, as I have failed to coax them out by my hendecasyllabics. The work is absolutely finished, and if you polish it any more you will only impair it without making it shine the more brightly. Do let me see your name on the title page; do let me hear that the volumes of my friend Tranquillus are being copied, read, and sold. It is only fair, considering the strength of our attachment, that you should afford me the same gratification that I have afforded you. Farewell.