Part 22 (2/2)

THE solicitor to the treasury of the city of Amisis inst.i.tuted a claim, Sir, before me against Julius Piso of about forty thousand denarii,[1072] presented to him by the public above twenty years ago, with the consent of the general council and a.s.sembly of the city: and he founded his demand upon certain of your edicts, by which donations of this kind are prohibited. Piso, on the other hand, a.s.serted that he had conferred large sums of money upon the community, and, indeed, had thereby expended almost the whole of his estate. He insisted upon the length of time which had intervened since this donation, and hoped that he should not be compelled, to the ruin of the remainder of his fortunes, to refund a present which had been granted him long since, in return for many good offices he had done the city. For this reason, Sir, I thought it necessary to suspend giving any judgment in this cause till I shall receive your directions.

CXII -- TRAJAN TO PLINY

THOUGH by my edicts I have ordained that no largesses shall be given out of the public money, yet, that numberless private persons may not be disturbed in the secure possession of their fortunes, those donations which have been made long since ought not to be called in question or revoked. We will not therefore enquire into anything that has been transacted in this affair so long ago as twenty years; for I would be no less attentive to secure the repose of every private man than to preserve the treasure of every public community.

CXIII -- To THE EMPEROR TRAJAN

THE Pompeian law, Sir, which is observed in Pontus and Bithynia, does not direct that any money for their admission shall be paid in by those who are elected into the senate by the censors. It has, however, been usual for such members as have been admitted into those a.s.semblies, in pursuance of the privilege which you were pleased to grant to some particular cities, of receiving above their legal number, to pay one[1073] or two thousand denarii[1074] on their election. Subsequent to this, the proconsul Anicius Maximus ordained (though indeed his edict related to some few cities only) that those who were elected by the censors should also pay into the treasury a certain sum, which varied in different places. It remains, therefore, for your consideration whether it would not be proper to settle a certain sum for each member who is elected into the councils to pay upon his entrance; for it well becomes you, whose every word and action deserves to be immortalized, to establish laws that shall endure for ever.

CXIV -- TRAJAN TO PLINY

I CAN give no general directions applicable to all the cities of Bithynia, in relation to those who are elected members of their respective councils, whether they shall pay an honorary fee upon their admittance or not. I think that the safest method which can be pursued is to follow the particular laws of each city; and I also think that the censors ought to make the sum less for those who are chosen into the senate contrary to their inclinations than for the rest.

CXV -- To THE EMPEROR TRAJAN

THE Pompeian law, Sir, allows the Bithynians to give the freedom of their respective cities to any person they think proper, provided he is not a foreigner, but native of some of the cities of this province. The same law specifies the particular causes for which the censors may expel any member the senate, but makes no mention of foreigners. Certain of the censors therefore have desired my opinion whether they ought to expel a member if he should happen to be a foreigner. But I thought it necessary to receive your instructions in this case; not only because the law, though it forbids foreigners to be admitted citizens, does not direct that a senator shall be expelled for the same reason, but because I am informed that in every city in the province a great number of the senators are foreigners. If, therefore, this clause of the law, which seems to be antiquated by a long custom to the contrary, should be enforced, many cities, as well as private persons, must be injured by it. I have annexed the heads of this law to my letter.

CXVI -- TRAJAN TO PLINY

You might well be doubtful, my dearest Secundus, what reply to give to the censors, who consulted you concerning their right to elect into the senate foreign citizens, though of the same province. The authority of the law on one side, and long custom prevailing against it on the other, might justly occasion you to hesitate, The proper mean to observe in this case will be to make no change in what is past, but to allow those senators who are already elected, though contrary to law, to keep their seats, to whatever city they may belong; in all future elections, however, to pursue the directions of the Pompeian law: for to give it a retrospective operation would necessarily introduce great confusion.

CXVII -- To THE EMPEROR TRAJAN

IT is customary here upon any person taking the manly robe, solemnising his marriage, entering upon the office of a magistrate, or dedicating any public work, to invite the whole senate, together with a considerable part of the commonalty, and distribute to each of the company one or two denarii.[1075] I request you to inform me whether you think proper this ceremony should be observed, or how far you approve of it. For myself, though I am of opinion that upon some occasions, especially those of public festivals, this kind of invitation may be permitted, yet, when carried so far as to draw together a thousand persons, and sometimes more, it seems to be going beyond a reasonable number, and has somewhat the appearance of ambitious largesses.

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