I AM assured, Sir, by your freedman and receiver-general Maximus, that it is necessary he should have a party of soldiers assigned to him, over and besides the beneficiarii, which by your orders I allotted to the very worthy Gemellinus. Those therefore which I found in his service, I thought proper he should retain, especially as he was going into Paphlagonia,[1030]in order to procure corn. For his better protection likewise, and because it was his request, I added two of the cavalry. But I beg you would inform me, in your next despatches, what method you would have me observe for the future in points of this nature.
As my freedman Maximus was going upon an extraordinary commission to procure corn, I approve of your having supplied him with a file of soldiers. But when he shall return to the duties of his former post, I think two from you and as many from his coadjutor, my receiver-general Virdius Gemelhinus, will be sufficient.
THE very excellent young man Sempronius Caelianus, having discovered two slaves[1031]among the recruits, has sent them to me. But I deferred passing sentence till I had consulted you, the restorer and upholder of military discipline, concerning the punishment proper to be inflicted upon them. My principal doubt is that, whether, although they have taken the military oath, they are yet entered into any particular legion. I request you therefore, Sir, to inform me what course I should pursue in this affair, especially as it concerns example.
SEMPRONIUS CAELINUS has acted agreeably to my orders, in sending such persons to be tried before you as appear to deserve capital punishment. It is material however, in the case in question, to inquire whether these slaves in-listed themselves voluntarily, or were chosen by the officers, or presented as substitutes for others. If they were chosen, the officer is guilty; if they are substitutes, the blame rests with those who deputed them; but if, conscious of the legal inabilities of their station, they presented themselves voluntarily, the punishment must fall upon their own heads. That they are not yet entered into any legion, makes no great difference in their case; for they ought to have given a true account of themselves immediately, upon their being approved as fit for the service.
As I have your permission, Sir, to address myself to you in all my doubts, you will not consider it beneath your dignity to descend to those humbler affairs which concern my administration of this province. I find there are in several cities, particularly those of Nicomedia and Nicea, certain persons who take upon themselves to act as public slaves, and receive an annual stipend accordingly; notwithstanding they have been condemned either to the mines, the public games,[1032]or other punishments of the like nature. Having received information of this abuse I have been long debating with myself what I ought to do. On the one hand, to send them back again to their respective punishments (many of them being now grown old, and behaving, as I am assured, with sobriety and modesty) would, I thought, be proceeding against them too severely; on the other, to retain convicted criminals in the public service, seemed not altogether decent. I considered at the same time to support these people in idleness would be an useless expense to the public; and to leave them to starve would be dangerous. I was obliged therefore to suspend the determination of this matter till I could consult with you. You will be desirous, perhaps, to be informed how it happened that these persons escaped the punishments to which they were condemned. This enquiry I have also made, but cannot return you any satisfactory answer. The decrees against them were indeed produced; but no record appears of their having ever been reversed. It was asserted, however, that these people were pardoned upon their petition to the proconsuls, or their lieutenants; which seems likely to be the truth, as it is improbable any person would have dared to set them at liberty without authority.
You will remember you were sent into Bithynia for the particular purpose of correcting those many abuses which appeared in need of reform. Now none stands more so than that of criminals who have been sentenced to punishment should not only be set at liberty (as your letter informs me) without authority; but even appointed to employments which ought only to be exercised by persons whose characters are irreproachable. Those therefore among them who have been convicted within these ten years, and whose sentence has not been reversed by proper authority, must be sent back again to their respective punishments: but where more than ten years have elapsed since their conviction, and they are grown old and infirm, let them he disposed of in such employments as are but few degrees removed from the punishments to which they were sentenced; that is, either to attend upon the public baths, cleanse the common sewers, or repair the streets and highways, the usual offices assigned to such persons.
WHILE I was making a progress in a different part of the province, a most extensive fire broke out at Nicomedia, which not only consumed several private houses, but also two public buildings; the town-house and the temple of Isis, though they stood on contrary sides of the street. The occasion of its spreading thus far was partly owing to the violence of the wind, and partly to the indolence of the people, who, manifestly, stood idle and motionless spectators of this terrible calamity. The truth is the city was not furnished with either engines,[1033]buckets, or any single instrument suitable for extinguishing fires; which I have now however given directions to have prepared. You will consider, Sir, whether it may not be advisable to institute a company of fire-men, consisting only of one hundred and fifty members. I will take care none but those of that business shall be admitted into it, and that the privileges granted them shall not be applied to any other purpose. As this corporate body will be restricted to so small a number of members, it will be easy to keep them under proper regulation.
You are of opinion it would be proper to establish a company of firemen in Nicomedia, agreeably to what has been practised in several other cities. But it is to be remembered that societies of this sort have greatly disturbed the peace of the province in general, and of those cities in particular. Whatever name we give them, and for whatever purposes they may be founded, they will not fail to form themselves into factious assemblies, however short their meetings may be. It will therefore be safer to provide such machines as are of service in extinguishing fires, enjoining the owners of houses to assist in preventing the mischief from spreading, and, if it should be necessary, to call in the aid of the populace.
WE have acquitted, Sir, and renewed our annual vows[1034]for your prosperity, in which that of the empire is essentially involved, imploring the gods to grant us ever thus to pay and thus to repeat them.
I RECEIVED the satisfaction, my dearest Secundus, of being informed by your letter that you, together with the people under your government, have both discharged and renewed your vows to the immortal gods for my health and happiness.
THE citizens of Nicomedia, Sir, have expended three millions three hundred and twenty-nine sesterces[1035]in building an aqueduct; but, not being able to finish it, the works are entirely falling to ruin. They made a second attempt in another place, where they laid out two millions.[1036]But this likewise is discontinued; so that, after having been at an immense charge to no purpose, they must still be at a further expense, in order to be accommodated with water. I have examined a fine spring from whence the water may be conveyed over arches (as was attempted in their first design) in such a manner that the higher as well as level and low parts of the city may be supplied. There are still remaining a very few of the old arches; and the square stones, however, employed in the former building, may be used in turning the new arches. I am of opinion part should be raised with brick, as that will be the easier and cheaper material. But that this work may not meet with the same ill-success as the former, it will be necessary to send here an architect, or some one skilled in the construction of this kind of waterworks. And I will venture to say, from the beauty and usefulness of the design, it will be an erection well worthy the splendour of your times.
CARE must be taken to supply the city of Nicomedia with water; and that business, I am well persuaded, you will perform with all the diligence you ought. But really it is no less incumbent upon you to examine by whose misconduct it has happened that such large sums have been thrown away upon this, lest they apply the money to private purposes, and the aqueduct in question, like the preceding, should be begun, and afterwards left unfinished. You will let me know the result of your inquiry.
THE citizens of Nicea, Sir; are building a theatre, which, though it is not yet finished, has already exhausted, as I am informed (for I have not examined the account myself), above ten millions of sesterces;[1037]and, what is worse, I fear to no purpose. For either from the foundation being laid in soft, marshy ground, or that the stone itself is light and crumbling, the walls are sinking, and cracked from top to bottom. It deserves your consideration, therefore, whether it would be best to carry on this work, or entirely discontinue it, or rather, perhaps, whether it would not be most prudent absolutely to destroy it: for the buttresses and foundations by means of which it is from time to time kept up appear to me more expensive than solid. Several private persons have undertaken to build the compartment of this theatre at their own expense, some engaging to erect the portico, others the galleries over the pit:[1038]but this design cannot be executed, as the principal building which ought first to be completed is now at a stand. This city is also rebuilding, upon a far more enlarged plan, the gymnasium,[1039]which was burnt down before my arrival in the province. They have already been at some (and, I rather fear, a fruitless) expense. The structure is not only irregular and ill-proportioned, but the present architect (who, it must be owned, is a rival to the person who was first employed) asserts that the walls, although twenty-two feet[1040]in thickness, are not strong enough to support the superstructure, as the interstices are filled up with quarrystones, and the walls are not overlaid with brickwork. Also the inhabitants of Claudiopolis[1041]are sinking (I cannot call it erecting) a large public bath, upon a low spot of ground which lies at the foot of a mountain. The fund appropriated for the carrying on of this work arises from the money which those honorary members you were pleased to add to the senate paid (or, at least, are ready to pay whenever I call upon them) for their admission.[1042]As I am afraid, therefore, the public money in the city of Nicea, and (what is infinitely more valuable than any pecuniary consideration) your bounty in that of Nicopolis, should be ill applied, I must desire you to send hither an architect to inspect, not only the theatre, but the bath; in order to consider whether, after all the expense which has already been laid out, it will be better to finish them upon the present plan, or alter the one, and remove the other, in as far as may seem necessary: for otherwise we may perhaps throw away our future cost in endeavoring not to lose what we have already expended.
You, who are upon the spot, will best be able to consider and determine what is proper to be done concerning the theatre which the inhabitants of Nicea are building; as for myself, it will be sufficient if you let me know your determination. With respect to the particular parts of this theatre which are to be raised at a private charge, you will see those engagements fulfilled when the body of the building to which they are to be annexed shall be finished. — These paltry Greeks[1043]are, I know, immoderately fond of gymnastic diversions, and therefore, perhaps, the citizens of Nicea have planned a more magnificent building for this purpose than is necessary; however, they must be content with such as will be sufficient to answer the purpose for which it is intended. I leave it entirely to you to persuade the Claudiopolitani as you shall think proper with regard to their bath, which they have placed, it seems, in a very improper situation. As there is no province that is not furnished with men of skill and ingenuity, you cannot possibly want architects; unless you think it the shortest way to procure them from Rome, when it is generally from Greece that they come to us.
WHEN I reflect upon the splendour of your exalted station, and the magnanimity of your spirit, nothing, I am persuaded, can be more suitable to both than to point out to you such works as are worthy of your glorious and immortal name, as being no less useful than magnificent. Bordering upon the territories of the city of Nicomedia is a most extensive lake; over which marbles, fruits, woods, and all kinds of materials, the commodities of the country, are brought over in boats up to the high-road, at little trouble and expense, but from thence are conveyed in carriages to the sea-side, at a much greater charge and with great labour. To remedy this inconvenience, many hands will be in request; but upon such an occasion they cannot be wanting: for the country, and particularly the city, is exceedingly populous; and one may assuredly hope that every person will readily engage in a work which will be of universal benefit. It only remains then to send hither, if you shall think proper, a surveyor or an architect, in order to examine whether the lake lies above the level of the sea; the engineers of this province being of opinion that the former is higher by forty cubits,[1044]I find there is in the neighbourhood of this place a large canal, which was cut by a king of this country; but as it is left unfinished, it is uncertain whether it was for the purpose of draining the adjacent fields, or making a communication between the lake and the river. It is equally doubtful too whether the death of the king, or the despair of being able to accomplish the design, prevented the completion of it. If this was the reason, I am so much the more eager and warmly desirous, for the sake of your illustrious character (and I hope you will pardon me the ambition), that you may have the glory of executing what kings could only attempt.
THERE is something in the scheme you propose of opening a communication between the lake and the sea, which may, perhaps, tempt me to consent. But you must first carefully examine the situation of this body of water, what quantity it contains, and from whence it is supplied; lest, by giving it an opening into the sea, it should be totally drained. You may apply to Calpurnius Macer for an engineer, and I will also send you from hence some one skilled in works of this nature.
UPON examining into the public expenses of the city of Byzantium, which, I find, are extremely great, I was informed, Sir, that the appointments of the ambassador whom they send yearly to you with their homage, and the decree which passes in the senate upon that occasion, amount to twelve thousand sesterces.[1045]But knowing the generous maxims of your government, I thought proper to send the decree without the ambassador, that, at the same time they discharged their public duty to you, their expense incurred in the manner of paying it might be lightened. This city is likewise taxed with the sum of three thousand sesterces[1046]towards defraying the expense of an envoy, whom they annually send to compliment the governor of Moesia: this expense I have also directed to be spared. I beg, Sir, you would deign either to confirm my judgment or correct my error in these points, by acquainting me with your sentiments.
I ENTIRELY approve, my dearest Secundus, of your having excused the Byzantines that expense of twelve thousand sesterces in sending an ambassador to me. I shall esteem their duty as sufficiently paid, though I only receive the act of their senate through your hands. The governor of Moesia must likewise excuse them if they compliment him at a less expense.
I BEG, Sir, you would settle a doubt I have concerning your diplomas;[1047]whether you think proper that those diplomas the dates of which are expired shall continue in force, and for how long? For I am apprehensive I may, through ignorance, either confirm such of these instruments as are illegal or prevent the effect of those which are necessary.
THE diplomas whose dates are expired must by no means be made use of. For which reason it is an inviolable rule with me to send new instruments of this kind into all the provinces before they are immediately wanted.
UPON intimating, Sir, my intention to the city of Apamea,[1048]of examining into the state of their public dues, their revenue and expenses, they told me they were all extremely willing I should inspect their accounts, but that no proconsul had ever yet looked them over, as they had a privilege (and that of a very ancient date) of administering the affairs of their corporation in the manner they thought proper. I required them to draw up a memorial of what they then asserted, which I transmit to you precisely as I received it; though I am sensible it contains several things foreign to the question. I beg you will deign to instruct me as to how I am to act in this affair, for I should be extremely sorry either to exceed or fall short of the duties of my commission.
THE memorial of the Apanieans annexed to your letter has saved me the necessity of considering the reasons they suggest why the former proconsuls forbore to inspect their accounts, since they are willing to submit them to your examination. Their honest compliance deserves to be rewarded; and they may be assured the enquiry you are to make in pursuance of my orders shall be with a full reserve to their privileges.
THE Nicomedians, Sir, before my arrival in this province, had begun to build a new forum adjoining their former, in a corner of which stands an ancient temple dedicated to the mother of the gods.[1049]This fabric must either be repaired or removed, and for this reason chiefly, because it is a much lower building than that very lofty one which is now in process of erection. Upon enquiry whether this temple had been consecrated, I was informed that their ceremonies of dedication differ from ours. You will be pleased therefore, Sir, to consider whether a temple which has not been consecrated according to our rites may be removed,[1040b]consistently with the reverence due to religion: for, if there should be no objection from that quarter, the removal in every other respect would be extremely convenient.
You may without scruple, my dearest Secundus, if the situation requires it, remove the temple of the mother of the gods, from the place where it now stands, to any other spot more convenient. You need be under no difficulty with respect to the act of dedication; for the ground of a foreign city[1041b]is not capable of receiving that kind of consecration which is sanctified by our laws.
WE have celebrated, Sir (with those sentiments of joy your virtues so justly merit), the day of your accession to the empire, which was also its preservation, imploring the gods to preserve you in health and prosperity; for upon your welfare the security and repose of the world depends. I renewed at the same time the oath of allegiance at the head of the army, which repeated it after me in the usual form, the people of the province zealously concurring in the same oath.
YOUR letter, my dearest Secundus, was extremely acceptable, as it informed me of the zeal and affection with which you, together with the army and the provincials, solemnised the day of my accession to the empire.
THE debts which we are owing to the public are, by the prudence, Sir, of your counsels, and the care of my administration, either actually paid in or now being collected: but I am afraid the money must lie unemployed. For as on one side there are few or no opportunities of purchasing land, so, on the other, one cannot meet with any person who is willing to borrow of the public[1042b](especially at 12 per cent, interest) when they can raise money upon the same terms from private sources. You will consider then, Sir, whether it may not be advisable, in order to invite responsible persons to take this money, to lower the interest; or if that scheme should not succeed, to place it in the hands of the decurii, upon their giving sufficient security to the public. And though they should not be willing to receive it, yet as the rate of interest will be diminished, the hardship will be so much the less.
I AGREE with you, my dear Pliny, that there seems to be no other method of facilitating the placing out of the public money than by lowering the interest; the measure of which you will determine according to the number of the borrowers. But to compel persons to receive it who are not disposed to do so, when possibly they themselves may have no opportunity of employing it, is by no means consistent with the justice of my government.
I RETURN you my warmest acknowledgments, Sir, that, among the many important occupations in which you are engaged you have condescended to be my guide on those points on which I have consulted you: a favour which I must now again beseech you to grant me. A certain person presented himself with a complaint that his adversaries, who had been banished for three years by the illustrious Servilius Calvus, still remained in the province: they, on the contrary, affirmed that Calvus had revoked their sentence, and produced his edict to that effect. I thought it necessary therefore to refer the whole affair to you. For as I have your express orders not to restore any person who has been sentenced to banishment either by myself or others so I have no directions with respect to those who, having been banished by some of my predecessors in this government, have by them also been restored. It is necessary for me, therefore, to beg you would inform me, Sir, how I am to act with regard to the above- mentioned persons, as well as others, who, after having been condemned to perpetual banishment, have been found in the province without permission to return; for cases of that nature have likewise fallen under my cognisance. A person was brought before me who had been sentenced to perpetual exile by the proconsul Julius Bassus, but knowing that the acts of Bassus, during his administration, had been rescinded, and that the senate had granted leave to all those who had fallen under his condemnation of appealing from his decision at any time within the space of two years, I enquired of this man whether he had, accordingly, stated his case to the proconsul. He replied he had not. I beg then you would inform me whether you would have him sent back into exile or whether you think some more severe and what kind of punishment should be inflicted upon him, and such others who may hereafter be found under the same circumstances. I have annexed to my letter the decree of Calvus, and the edict by which the persons above-mentioned were restored, as also the decree of Bassus.
I WILL let you know my determination concerning those exiles which were banished for three years by the proconsul P. Servilius Calvus, and soon afterwards restored to the province by his edict, when I shall have informed myself from him of the reasons of this proceeding. With respect to that person who was sentenced to perpetual banishment by Julius Bassus, yet continued to remain in the province, without making his appeal if he thought himself aggrieved (though he had two years given him for that purpose), I would have sent in chains to my praetorian prefects:[1043b]for, only to remand him back to a punishment which he has contumaciously eluded will by no means be a sufficient punishment.
WHEN I cited the judges, Sir, to attend me at a sessions[1044b]which I was going to hold, Flavius Archippus claimed the privilege of being excused as exercising the profession of a philosopher.[1045b]It was alleged by some who were present that he ought not only to be excused from that office, but even struck out of the rolls of judges, and remanded back to the punishment from which he had escaped, by breaking his chains. At the same time a sentence of the proconsul Velius Paullus was read, by which it appeared that Archippus had been condemned to the mines for forgery. He had nothing to produce in proof of this sentence having ever been reversed. He alleged, however, in favour of his restitution, a petition which he presented to Domitian, together with a letter from that prince, and a decree of the Prusensians in his honour. To these he subjoined a letter which he had received from you; as also an edict and a letter of your august father confirming the grants which had been made to him by Domitian. For these reasons, notwithstandng crimes of so atrocious a nature were laid to his charge, I did not think proper to determine anything concerning him, without first consulting with you, as it is an affair which seems to merit your particular decision. I have transmitted to you, with this letter, the several allegations on both sides.
DOMITIAN'S LETTER TO TERENTIUS MAXIMUS
"Flavius Archippus the philosopher has prevailed with me to give an order that six hundred thousand sesterces[1046b]be laid out in the purchase of an estate for the support of him and his family, in the neighbourhood of Prusias,[1047b]his native country. Let this be accordingly done; and place that sum to the account of my benefactions."
FROM THE SAME TO L. APPIUS MAXIMUS
"I recommend, my dear Maximus, to your protection that worthy philosopher Archippus; a person whose moral conduct is agreeable to the principles of the philosophy he professes; and I would have you pay entire regard to whatever he shall reasonably request."
THE EDICT OF THE EMPEROR NERVA
"There are some points no doubt, Quirites, concerning which the happy tenour of my government is a sufficient indication of my sentiments; and a good prince need not give an express declaration in matters wherein his intention cannot but be clearly understood. Every citizen in the empire will bear me witness that I gave up my private repose to the security of the public, and in order that I might have the pleasure of dispensing new bounties of my own, as also of confirming those which had been granted by predecessors. But lest the memory of him[1048b]who conferred these grants, or the diffidence of those who received them, should occasion any interruption to the public joy, I thought it as necessary as it is agreeable to me to obviate these suspicions by assuring them of my indulgence. I do not wish any man who has obtained a private or a public privilege from one of the former emperors to imagine he is to be deprived of such a privilege, merely that he may owe the restoration of it to me; nor need any who have received the gratifications of imperial favour petition me to have them confirmed. Rather let them leave me at leisure for conferring new grants, under the assurance that I am only to be solicited for those bounties which have not already been obtained, and which the happier fortune of the empire has put it in my power to bestow."
FROM THE SAME TO TULLIUS JUSTUS
"Since I have publicly decreed that all acts begun and accomplished in former reigns should be confirmed, the letters of Domitian must remain valid."
FLAVIUS ARCHIPPUS has conjured me, by all my vows for your prosperity, and by your immortal glory, that I would transmit to you the memorial which he presented to me. I could not refuse a request couched in such terms; however, I acquainted the prosecutrix with this my intention, from whom I have also received a memorial on her part. I have annexed them both to this letter; that by hearing, as it were, each party, you may the better be enabled to decide.
IT is possible that Domitian might have been ignorant of the circumstances in which Archippus was when he wrote the letter so much to that philosopher's credit. However, it is more agreeable to my disposition to suppose that prince designed he should be restored to his former situation; especially since he so often had the honour of a statue decreed to him by those who could not be ignorant of the sentence pronounced against him by the proconsul Paullus. But I do not mean to intimate, my dear Pliny, that if any new charge should be brought against him, you should be the less disposed to hear his accusers. I have examined the memorial of his prosecutrix, Furia Prima, as well as that of Archippus himself, which you sent with your last letter.
THE apprehensions you express, Sir, that the lake will be in danger of being entirely drained if a communication should be opened between that and the sea, by means of the river, are agreeable to that prudence and forethought you so eminently possess; but I think I have found a method to obviate that inconvenience. A channel may be cut from the lake up to the river so as not quite to join them, leaving just a narrow strip of land between, preserving the lake; by this means it will not only be kept quite separate from the river, but all the same purposes will be answered as if they were united: for it will be extremely easy to convey over that little intervening ridge whatever goods shall be brought down by the canal. This is a scheme which may be pursued, if it should be found necessary; but I hope there will be no occasion to have recourse to it. For, in the first place, the lake itself is pretty deep; and in the next, by damming up the river which runs from it on the opposite side and turning its course as we shall find expedient, the same quantity of water may be retained. Besides, there are several brooks near the place where it is proposed the channel shall be cut which, if skilfully collected, will supply the lake with water in proportion to what it shall discharge. But if you should rather approve of the channel's being extended farther and cut narrower, and so conveyed directly into the sea, without running into the river, the reflux of the tide will return whatever it receives from the lake. After all, if the nature of the place should not admit of any of these schemes, the course of the water may be checked by sluices. These, however, and many other particulars, will be more skilfully examined into by the engineer, whom, indeed, Sir, you ought to send, according to your promise, for it is an enterprise well worthy of your attention and magnificence. In the meanwhile, I have written to the illustrious Calpurnius Macer, in pursuance of your orders, to send me the most skilful engineer to be had.
IT is evident, my dearest Secundus, that neither your prudence nor your care has been wanting in this affair of the lake, since, in order to render it of more general benefit, you have provided so many expedients against the danger of its being drained. I leave it to your own choice to pursue whichever of the schemes shall be thought most proper. Calpurnius Macer will furnish you, no doubt, with an engineer, as artificers of that kind are not wanting in his province.
A VERY considerable question, Sir, in which the whole province is interested, has been lately started, concerning the state[1049b]and maintenance of deserted children.[1050]I have examined the constitutions of former princes upon this head, but not finding anything in them relating, either in general or particular, to the Bithynians, I thought it necessary to apply to you for your directions: for in a point which seems to require the special interposition of your authority, I could not content myself with following precedents. An edict of the emperor Augustus (as pretended) was read to me, concerning one Annia; as also a letter from Vespasian to the Lacedaemonians, and another from Titus to the same, with one likewise from him to the Achaeans, also some letters from Domitian, directed to the proconsuls Avidius Nigrinus and Armenius Brocchus, together with one from that prince to the Lacedaemonians: but I have not transmitted them to you, as they were not correct (and some of them too of doubtful authenticity), and also because I imagine the true copies are preserved in your archives.