Part 8 (2/2)

These several opinions were so extremely different that it was impossible either of them could stand with the other. For what have death and banishment in common with one another? Why, no more than banishment and acquittal have together. Though an acquittal approaches rather nearer a sentence of exile than a sentence of death does: for both the former agree at least in this that they spare life, whereas the latter takes it away. In the meanwhile, those senators who were for punis.h.i.+ng with death, and those who proposed banishment, sate together on the same side of the house: and thus by a present appearance of unanimity suspended their real disagreement. I moved, therefore, that the votes for each of the three opinions should be separately taken, and that two of them should not, under favour of a short truce between themselves, join against the third. I insisted that such of the members who were for capital punishment should divide from the others who voted for banishment; and that these two distinct parties should not be permitted to form themselves into a body, in opposition to those who declared for acquittal, when they would immediately after disunite again: for it was not material that they agreed in disliking one proposal, since they differed with respect to the other two. It seemed very extraordinary that he who moved the freedmen should be banished, and the slaves suffer death, should not be allowed to join these two in one motion, but that each question should be ordered to be put to the house separately; and yet that the votes of one who was for inflicting capital punishment upon the freedmen should be taken together with that of one who was for banis.h.i.+ng them. For if, in the former instance, it was reasonable that the motion should be divided, because it comprehended two distinct propositions, I could not see why, in the latter case, suffrages so extremely different should be thrown into the same scale. Permit me, then, notwithstanding the point is already settled, to go over it again as if it were still undecided, and to lay before you those reasons at my ease, which I offered to the house in the midst of much interruption and clamour. Let us suppose there had been only three judges appointed to hear this cause, one of whom was of opinion that the parties in question deserved death; the other that they should only be banished; and the third that they ought to be acquitted: should the two former unite their weight to overpower the latter, or should each be separately balanced? For the first and second are no more compatible than the second and third. They ought therefore in the same manner to be counted in the senate as contrary opinions, since they were delivered as different ones. Suppose the same person had moved that they should both have been banished and put to death, could they possibly, in pursuance of this opinion, have suffered both punishments? Or could it have been looked upon as one consistent motion when it united two such different decisions? Why then should the same opinion, when delivered by distinct persons, be considered as one and entire, which would not be deemed so if it were proposed by a single man? Does not the law manifestly imply that a distinction is to be made between those who are for a capital conviction, and those who are for banishment, in the very form of words made use of when the house is ordered to divide? You who are of such an opinion, come to this side; you who are of any other, go over to the side of him whose opinion you follow. Let us examine this form, and weigh every sentence: You who are of this opinion: that is, for instance, you who are for banishment, come on this side; namely, on the side of him who moved for banishment. From whence it is clear he cannot remain on this side of those who are for death. You who are for any other: observe, the law is not content with barely saying another, but it adds any. Now can there be a doubt as to whether they who declare for a capital conviction are of any other opinion than those who propose exile! Go over to the side of him whose opinion you follow: does not the law seem, as it were, to call, compel, drive over, those who are of different opinions, to contrary sides? Does not the consul himself point out, not only by this solemn form of words, but by his hand and gesture, the place in which every man is to remain, or to which he is to go over?

”But,” it is objected, ”if this separation is made between those who vote for inflicting death, and those who are on the side of exile, the opinion for acquitting the prisoners must necessarily prevail.” But how does that affect the parties who vote? Certainly it does not become them to contend by every art, and urge every expedient, that the milder sentence may not take place. ”Still,” say they, ”those who are for condemning the accused either capitally or to banishment should be first set in opposition to those who are for acquitting them, and afterwards weighed against each other.” Thus, as, in certain public games, some particular combatant is set apart by lot and kept to engage with the conqueror; so, it seems, in the senate there is a first and second combat, and of two different opinions, the prevailing one has still a third to contend with. What? when any particular opinion is received, do not all the rest fall of course? Is it reasonable, then, that one should be thrown into the scale merely to weigh down another? To express my meaning more plainly: unless the two parties who are respectively for capital punishment and exile immediately separate upon the first division of the house it would be to no purpose afterwards to dissent from those with whom they joined before. But I am dictating instead of receiving instruction. -- Tell me then whether you think these votes should have been taken separately? My motion, it is true, prevailed; nevertheless I am desirous to know whether you think I ought to have insisted upon this point, or have yielded as that member did who declared for capital punishment? For convinced, I will not say of the legality, but at least of the equity of my proposal, he receded from his opinion, and went over to the party for exile: fearing perhaps, if the votes were taken separately (which he saw would be the case), the freedmen would be acquitted: for the numbers were far greater on that side than on either of the other two, separately counted. The consequence was that those who had been influenced by his authority, when they saw themselves forsaken by his going over to the other party, gave up a motion which they found abandoned by the first proposer, and deserted, as it were, with their leader. Thus the three opinions were resolved at length into two; and of those two, one prevailed, and the other was rejected; while the third, as it was not powerful enough to conquer both the others, had only to choose to which of the two it would yield. Farewell.

XC -- To PATERNUS

THE sickness lately in my family, which has carried off several of my servants, some of them, too, in the prime of their years, has been a great affliction to me. I have two consolations, however, which, though by no means equivalent to such a grief, still are consolations. One is, that as I have always readily manumitted my slaves, their death does not seem altogether immature, if they lived long enough to receive their freedom: the other, that I have allowed them to make a kind of will,[130] which I observe as religiously as if they were legally ent.i.tled to that privilege. I receive and obey their last requests and injunctions as so many authoritative commands, suffering them to dispose of their effects to whom they please; with this single restriction, that they leave them to some one in my household, for to slaves the house they are in is a kind of state and commonwealth, so to speak. But though I endeavor to acquiesce under these reflections, yet the same tenderness which led me to show them these indulgences weakens and gets the better of me. However, I would not wish on that account to become harder: though the generality of the world, I know, look upon losses of this kind in no other view than as a diminution of their property, and fancy, by cheris.h.i.+ng such an unfeeling temper, they show a superior fort.i.tude and philosophy. Their fort.i.tude and philosophy I will not dispute. But humane, I am sure, they are not; for it is the very criterion of true manhood to feel those impressions of sorrow which it endeavors to resist, and to admit not to be above the want of consolation. But perhaps I have detained you too long upon this subject, though not so long as I would. There is a certain pleasure even in giving vent to one's grief; especially when we weep on the bosom of a friend who will approve, or, at least, pardon, our tears. Farewell.

XCI -- To MACRINUS

Is the weather with you as rude and boisterous as it is with us? All here is in tempest and inundation. The Tiber has swelled its channel, and overflowed its banks far and wide. Though the wise precaution of the emperor had guarded against this evil, by cutting several outlets to the river, it has nevertheless flooded all the fields and valleys and entirely overspread the whole face of the flat country. It seems to have gone out to meet those rivers which it used to receive and carry off in one united stream, and has driven them back to deluge those countries it could not reach itself. That most delightful of rivers, the Anio, which seems invited and detained in its course by the villas built along its banks, has almost entirely rooted up and carried away the woods which shaded its borders. It has overthrown whole mountains, and, in endeavouring to find a pa.s.sage through the ma.s.s of ruins that obstructed its way, has forced down houses, and risen and spread over the desolation it has occasioned. The inhabitants of the hill countries, who are situated above the reach of this inundation, have been the melancholy spectators of its dreadful effects, having seen costly furniture, instruments of husbandry, ploughs, and oxen with their drivers, whole herds of cattle, together with the trunks of trees, and beams of the neighbouring villas, floating about in different parts. Nor indeed have these higher places themselves, to which the waters could not reach up, escaped the calamity. A continued heavy rain and tempestuous hurricane, as destructive as the river itself, poured down upon them, and has destroyed all the enclosures which divided that fertile country. It has damaged likewise, and even overturned, some of the public buildings, by the fall of which great numbers have been maimed, smothered, bruised. And thus lamentation over the fate of friends has been added to losses. I am extremely uneasy lest this extensive ruin should have spread to you: I beg therefore, if it has not, you will immediately relieve my anxiety; and indeed I desire you would inform me though it should have done so; for the difference is not great between fearing a danger, and feeling it; except that the evil one feels has some bounds, whereas one's apprehensions have none. For we can suffer no more than what actually has happened but we fear all that possibly could happen. Farewell.

XCII -- To RUFINUS

Tun common notion is certainly quite a false one, that a man's will is a kind of mirror in which we may clearly discern his real character, for Domitius Tullus appears a much better man since his death than he did during his lifetime. After having artfully encouraged the expectations of those who paid court to him, with a view to being his heirs, he has left his estate to his niece whom he adopted. He has given likewise several very considerable legacies among his grandchildren, and also to his great-grandson. In a word, he has shown himself a most kind relation throughout his whole will; which is so much the more to be admired as it was not expected of him. This affair has been very much talked about, and various opinions expressed: some call him false, ungrateful, and forgetful, and, while thus railing at him in this way as if they were actually disinherited kindred, betray their own dishonest designs: others, on the contrary, applaud him extremely for having disappointed the hopes of this infamous tribe of men, whom, considering the disposition of the times, it is but prudence to deceive. They add that he was not at liberty to make any other will, and that he cannot so properly be said to have bequeathed, as returned, his estate to his adopted daughter, since it was by her means it came to him. For Curtilius Mancia, whose daughter Domitius Luca.n.u.s, brother to this Tullus, married, having taken a dislike to his son-in-law, made this young lady (who was the issue of that marriage) his heiress, upon condition that Luca.n.u.s her father would emanc.i.p.ate her. He accordingly did so, but she being afterwards adopted by Tullus, her uncle, the design of Mancia's will was entirely frustrated. For these two brothers having never divided their patrimony, but living together as joint-tenants of one common estate, the daughter of Luca.n.u.s, notwithstanding the act of emanc.i.p.ation, returned back again, together with her large fortune, under the dominion of her father, by means of this fraudulent adoption. It seems indeed to have been the fate of these two brothers to be enriched by those who had the greatest aversion to them. For Domitius Afer, by whom they were adopted, left a will in their favour, which he had made eighteen years before his death; though it was plain he had since altered his opinion with regard to the family, because he was instrumental in procuring the confiscation of their father's estate. There is something extremely singular in the resentment of Afer, and the good fortune of the other two; as it was very extraordinary, on the one hand, that Domitius should endeavour to extirpate from the privileges of society a man whose children he had adopted, and, on the other, that these brothers should find a parent in the very person that ruined their father. But Tullus acted justly, after having been appointed sole heir by his brother, in prejudice to his own daughter, to make her amends by transferring to her this estate, which came to him from Afer, as well as all the rest which he had gained in partners.h.i.+p with his brother. His will therefore deserves the higher praise, having been dictated by nature, justice, and sense of honour; in which he has returned his obligations to his several relations, according to their respective good offices towards him, not forgetting his wife, having bequeathed to that excellent woman, who patiently endured much for his sake, several delightful villas, besides a large sum of money. And indeed she deserved so much the more at his hands, in proportion to the displeasure she incurred on her marriage with him. It was thought unworthy a person of her birth and repute, so long left a widow by her former husband, by whom she had issue, to marry, in the decline of her life, an old man, merely for his wealth, and who was so sickly and infirm that, even had he pa.s.sed the best years of his youth and health with her, she might well have been heartily tired of him.

He had so entirely lost the use of all his limbs that he could not move himself in bed without a.s.sistance; and the only enjoyment he had of his riches was to contemplate them. He was even (sad and disgusting to relate) reduced to the necessity of having his teeth washed and scrubbed by others: in allusion to which he used frequently to say, when he was complaining of the indignities which his infirmities obliged him to suffer, that he was every day compelled to lick his servant's fingers.

Still, however, he lived on, and was willing to accept of life upon such terms. That he lived so long as he did was particularly owing, indeed, to the care of his wife, who, whatever reputation she might lose at first by her marriage, acquired great honour by her unwearied devotion as his wife. -- Thus I have given you all the news of the town, where nothing is talked of but Tullus. It is expected his curiosities will shortly be sold by auction. He had such an abundant collection of very old statues that he actually filled an extensive garden with them, the very same day he purchased it; not to mention numberless other antiques, lying neglected in his lumber-room. If you have anything worth telling me in return, I hope you will not refuse the trouble of writing to me: not only as we are all of us naturally fond, you know, of news, but because example has a very beneficial influence upon our own conduct.

Farewell.

XCIII -- To GALLUS

THOSE works of art or nature which are usually the motives of our travels are often overlooked and neglected if they lie within our reach: whether it be that we are naturally less inquisitive concerning those things which are near us, while our curiosity is excited by remote objects; or because the easiness of gratifying a desire is always sure to damp it; or, perhaps, that we put off from time to time going and seeing what we know we have an opportunity of seeing when we please.

Whatever the reason be, it is certain there are numberless curiosities in and near Rome which we have not only never seen, but even never so much as heard of: and yet had they been the produce of Greece, or Egypt, or Asia, or any other country which we admire as fertile and productive of belief in wonders, we should long since have heard of them, read of them, and enquired into them. For myself at least, I confess, I have lately been entertained with one of these curiosities, to which I was an entire stranger before. My wife's grandfather desired I would look over his estate near Ameria.[131] As I was walking over his grounds, 1 was shown a lake that lies below them, called Vadirnon,[132] about which several very extraordinary things are told. I went up to this lake. It is perfectly circular in form, like a wheel lying on the ground; there is not the least curve or projection of the sh.o.r.e, but all is regular, even, and just as if it had been hollowed and cut out by the hand of art. The water is of a clear sky-blue, though with somewhat of a greenish tinge; its smell is sulphurous, and its flavour has medicinal properties, and is deemed of great efficacy in all fractures of the limbs, which it is supposed to heal. Though of but moderate extent, yet the winds have a great effect upon it, throwing it into violent agitation. No vessels are suffered to sail here, as its waters are held sacred; but several floating islands swim about it, covered with reeds and rushes, and with whatever other plants the surrounding marshy ground and the edge itself of the lake produce in greater abundance. Each island has its peculiar shape and size, but the edges of all of them are worn away by their frequent collision with the sh.o.r.e and one another.

They are all of the same height and motion; as their respective roots, which are formed like the keel of a boat, may be seen hanging not very far down in the water, and at an equal depth, on whichever side you stand. Sometimes they move in a cl.u.s.ter, and seem to form one entire little continent; sometimes they are dispersed into different quarters by the wind; at other times, when it is calm, they float up and down separately. You may frequently see one of the larger islands sailing along with a lesser joined to it, like a s.h.i.+p with its long boat; or, perhaps, seeming to strive which shall out-swim the other: then again they are all driven to the same spot, and by joining themselves to the sh.o.r.e, sometimes on one side and sometimes on the other, lessen or restore the size of the lake in this part or that, accordingly, till at last uniting in the centre they restore it to its usual size. The sheep which graze upon the borders of this lake frequently go upon these islands to feed, without perceiving that they have left the sh.o.r.e, until they are alarmed by finding themselves surrounded with water; as though they had been forcibly conveyed and placed there. Afterwards, when the wind drives them back again, they as little perceive their return as their departure. This lake empties itself into a river, which, after running a little way, sinks under ground, and, if anything is thrown in, it brings it up again where the stream emerges.--I have given you this account because I imagined it would not be less new, nor less agreeable, to you than it was to me; as I know you take the same pleasure as myself in contemplating the works of nature. Farewell.

XCIV -- To ARRIa.n.u.s

NOTHING, in my opinion, gives a more amiable and becoming grace to our studies, as well as manners, than to temper the serious with the gay, lest the former should degenerate into melancholy, and the latter run up into levity. Upon this plan it is that I diversify my graver works with compositions of a lighter nature. I had chosen a convenient place and season for some productions of that sort to make their appearance in; and designing to accustom them early to the tables of the idle, I fixed upon the month of July, which is usually a time of vacation to the courts of justice, in order to read them to some of my friends I had collected together; and accordingly I placed a desk before each couch.

But as I happened that morning to be unexpectedly called away to attend a cause, I took occasion to preface my recital with an apology. I entreated my audience not to impute it to me as any want of due regard for the business to which I had invited them that on the very day I had appointed for reading my performances to a small circle of my friends I did not refuse my services to others in their law affairs. I a.s.sured them I would observe the same rule in my writings, and should always give the preference to business, before pleasure; to serious engagements before amusing ones; and to my friends before myself. The poems I recited consisted of a variety of subjects in different metres. It is thus that we who dare not rely for much upon our abilities endeavour to avoid satiating our readers. In compliance with the earnest solicitation of my audience, I recited for two days successively; but not in the manner that several practise, by pa.s.sing over the feebler pa.s.sages, and making a merit of so doing: on the contrary, I omitted nothing, and freely confessed it. I read the whole, that I might correct the whole; which it is impossible those who only select particular pa.s.sages can do.

The latter method, indeed, may have more the appearance of modesty, and perhaps respect; but the former shows greater simplicity, as well as a more affectionate disposition towards the audience. For the belief that a man's friends have so much regard for him as not to be weary on these occasions, is a sure indication of the love he bears them. Otherwise, what good do friends do you who a.s.semble merely for their own amus.e.m.e.nt?

He who had rather find his friend's performance correct, than make it so, is to be regarded as a stranger, or one who is too lackadaisical to give himself any trouble. Your affection for me leaves me no room to doubt that you are impatient to read my book, even in its present very imperfect condition. And so you shall, but not until I have made those corrections which were the princ.i.p.al inducement of my recital. You are already acquainted with some parts of it; but even those, after they have been improved (or perhaps spoiled, as is sometimes the case by the delay of excessive revision) will seem quite new to you. For when a piece has undergone various changes, it gets to look new, even in those very parts which remain unaltered. Farewell.

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