Chapter I: WENT into the Julian83 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.

LIX -- To CALPURNIA[88]

NEVER was business more disagreeable to me than when it prevented me not only from accompanying you when you went into Campania for your health, but from following you there soon after; for I want particularly to be with you now, that I may learn from my own eyes whether you are growing stronger and stouter, and whether the tranquillity, the amusements, and plenty of that charming country really agree with you. Were you in perfect health, yet I could ill support your absence; for even a moment's uncertainty of the welfare of those we tenderly love causes a feeling of suspense and anxiety: but now your sickness conspires with your absence to trouble me grievously with vague and various anxieties. I dread everything, fancy everything, and, as is natural to those who fear, conjure up the very things I most dread. Let me the more earnestly entreat you then to think of my anxiety, and write to me every day, and even twice a day: I shall be more easy, at least while I am reading your letters, though when I have read them, I shall immediately feel my fears again. Farewell.

LX -- To CALPURNIA

You kindly tell me my absence very sensibly affects you, and that your only consolation is in conversing with my works, which you frequently substitute in my stead. I am glad that you miss me; I am glad that you find some rest in these alleviations. In return, I read over your letters again and again, and am continually taking them up, as if I had just received them; but, alas! this only stirs in me a keener longing for you; for how sweet must her conversation be whose letters have so many charms? Let me receive them, however, as often as possible, notwithstanding there is still a mixture of pain in the pleasure they afford me. Farewell.

LXI -- To PRISCUS

You know Attilius Crescens, and you love him; who is there, indeed, of any rank or worth, that does not? For myself, I profess to have a friendship for him far exceeding ordinary attachments of the world. Our native towns are separated only by a day's journey; and we got to care for each other when we were very young; the season for passionate friendships. Ours improved by years; and so far from being chilled, it was confirmed by our riper judgments, as those who know us best can witness. He takes pleasure in boasting everywhere of my friendship; as I do to let the world know that his reputation, his ease, and his interest are my peculiar concern. Insomuch that upon his expressing to me some apprehension of insolent treatment from a certain person who was entering upon the tribuneship of the people, I could not forbear answering, --

"Long as Achilles breathes this vital air, To touch thy head no impious hand shall dare."<a href="#linknote-89" name="linknoteref-89" id="linknoteref-89">[89]</a>

What is my object in telling you these things? Why, to shew you that I look upon every injury offered to Attilius as done to myself. "But what is the object of all this?" you repeat. You must know then, Valerius Varus, at his death, owed Attilius a sum of money. Though I am on friendly terms with Maximus, his heir, yet there is a closer friendship between him and you. I beg therefore, and entreat you by the affection you have for me, to take care that Attilius is not only paid the capital which is due to him, but all the long arrears of interest too. He neither covets the property of others nor neglects the care of his own; and as he is not engaged in any lucrative profession, he has nothing to depend upon but his own frugality: for as to literature, in which he greatly distinguishes himself, he pursues this merely from motives of pleasure and ambition. In such a situation, the slightest loss presses hard upon a man, and the more so because he has no opportunities of repairing any injury done to his fortune. Remove then, I entreat you, our uneasiness, and suffer me still to enjoy the pleasure of his wit and bonhommie; for I cannot bear to see the cheerfulness of my friend over- clouded, whose mirth and good humour dissipates every gloom of melancholy in myself. In short, you know what a pleasant entertaining fellow he is, and I hope you will not suffer any injury to engloom and embitter his disposition. You may judge by the warmth of his affection how severe his resentments would prove; for a generous and great mind can ill brook an injury when coupled with contempt. But though he could pass it over, yet cannot I: on the contrary, I shall regard it as a wrong and indignity done to myself, and resent it as one offered to my friend; that is, with double warmth. But, after all, why this air of threatening? rather let me end in the same style in which I began, namely, by begging, entreating you so to act in this affair that neither Attilius may have reason to imagine (which I am exceedingly anxious he should not) that I neglect his interest, nor that I may have occasion to charge you with carelessness of mine: as undoubtedly I shall not if you have the same regard for the latter as I have for the former. Farewell.

LXII -- To ALBINUS