You yourself must fix the limit in accordance with the number of those who shall be ready to borrow. To compel persons against their will to take what they themselves may perhaps find no employment for — this is a course which does not accord with the equity of my reign.

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  56. C. PLINIUS TRAIANO IMPERATORI

  1 Summas, domine, gratias ago, quod inter maximas occupationes iis, de quibus te consului, me quoque regere dignatus es; quod nunc quoque facias rogo. 2 Adiit enim me quidam indicavitque adversarios suos a Servilio Calvo, clarissimo viro, in triennium relegatos in provincia morari: illi contra ab eodem se restitutos affirmaverunt edictumque recitaverunt. Qua causa necessarium credidi rem integram ad te referre. 3 Nam, sicut mandatis tuis cautum est, ne restituam ab alio aut a me relegatos, ita de iis, quos alius et relegaverit et restituerit, nihil comprehensum est. Ideo tu, domine, consulendus fuisti, quid observare me velles, tam hercule quam de iis qui in perpetuum relegati nec restituti in provincia deprehenduntur. 4 Nam haec quoque species incidit in cognitionem meam. Est enim adductus ad me in perpetuum relegatus Iulio Basso proconsule. Ego, quia sciebam acta Bassi rescissa datumque a senatu ius omnibus, de quibus ille aliquid constituisset, ex integro agendi, dumtaxat per biennium, interrogavi hunc, quem relegaverat, an adisset docuissetque proconsulem. 5 Per quod effectum est, ut te consulerem, reddendum eum poenae suae an gravius aliquid et quid potissimum constituendum putares et in hunc et in eos, si qui forte in simili condicione invenirentur. Decretum Calvi et edictum, item decretum Bassi his litteris subieci.

  56 (64.) — TO TRAJAN.

  I return you, sir, the deepest thanks for deigning, amidst your great occupations, to direct me also as to those matters on which I have consulted you, and I would beg you to do this on the present occasion as well. For a person has come to me and informed me that his adversaries, though banished for three years by that distinguished man Servilius Calvus, still remain in the province. They, on the other hand, have affirmed that they were reinstated by the same governor, and have recited his edict to that effect. For this reason, I have thought it necessary to refer the matter in its entirety to you. For though it was provided in your mandates that I was not to reinstate persons banished by a former governor, or by myself, yet nothing was included in them on the subject of those who had been both banished and reinstated by a former governor. Therefore you, sir, had to be consulted as to what practice you would have me follow, as also, by Hercules, with regard to those who, though banished for life and never reinstated, are caught in the province. For this particular case too has fallen under my cognisance. A person was brought before me who was banished for life by Julius Bassus, the proconsul. Knowing that the acts of Bassus had been rescinded, and that the Senate had given to all those who had been the subjects of any of his decisions the right of trying the matter afresh, that is during a period of two years, I inquired of this person whom Bassus had banished, whether he had gone to the proconsul and instructed him. He said he had not. Hence I was brought to consult you as to whether he should be remitted to his punishment or whether you think that some still heavier penalty, and if so what particular one, should be constituted for him and for those, if such there happen to be, who may be found in a like case. I have appended to this letter the decree of Calvus and the edict, also the decree of Bassus.

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  57. TRAIANUS PLINIO

  1 Quid in persona eorum statuendum sit, qui a P. Servilio Calvo proconsule in triennium relegati et mox eiusdem edicto restituti in provincia remanserunt, proxime tibi rescribam, cum causas eius facti a Calvo requisiero. 2 Qui a Iulio Basso in perpetuum relegatus est, cum per biennium agendi facultatem habuerit, si existimat se iniuria relegatum, neque id fecerit atque in provincia morari perseverarit, vinctus mitti ad praefectos praetorii mei debet. Neque enim sufficit eum poenae suae restitui, quam contumacia elusit.

  57 (65.) — TRAJAN TO PLINY.

  As to the determination to be arrived at in the case of those persons who, having been banished for three years by P. Servilius Calvus, the proconsul, were soon afterwards reinstated by an edict of the same proconsul, and have remained in the province, I will shortly write you in reply, when I shall have inquired of Calvus himself his reasons for thus acting. The man who was banished for life by Julius Bassus — inasmuch as he had the power of taking action for the space of two years, in case he thought himself unjustly banished, and yet failed to do this, and moreover persisted in tarrying in the province — must be sent a prisoner to my Prætorian prefects. For it is not enough that he should be remitted to his former punishment, after evading it by his contumacy.

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  58. C. PLINIUS TRAIANO IMPERATORI

  1 Cum citarem iudices, domine, conventum incohaturus, Flavius Archippus vacationem petere coepit ut philosophus. 2 Fuerunt, qui dicerent non liberandum eum iudicandi necessitate, sed omnino tollendum de iudicum numero reddendumque poenae, quam fractis vinculis evasisset. 3 Recitata est sententia Veli Pauli proconsulis, qua probabatur Archippus crimine falsi damnatus in metallum: ille nihil proferebat, quo restitutum se doceret; allegabat tamen pro restitutione et libellum a se Domitiano datum et epistulas eius ad honorem suum pertinentes et decretum Prusensium. Addebat his et tuas litteras scriptas sibi, addebat et patris tui edictum et epistulam, quibus confirmasset beneficia a Domitiano data. 4 Itaque, quamvis eidem talia crimina applicarentur, nihil decernendum putavi, donec te consulerem de eo, quod mihi constitutione tua dignum videbatur. Ea quae sunt utrimque recitata his litteris subieci.

  EPISTULA DOMITIANI AD TERENTIUM MAXIMUM

  5 Flavius Archippus philosophus impetravit a me, ut agrum ei ad c circa PrusiadamÅ, patriam suam, emi iuberem, cuius reditu suos alere posset. Quod ei praestari volo. Summam expensam liberalitati meae feres.

  EIUSDEM AD LAPPIUM MAXIMUM

  6 Archippum philosophum, bonum virum et professioni suae etiam moribus respondentem, commendatum habeas velim, mi Maxime, et plenam ei humanitatem tuam praestes in iis, quae verecunde a te desideraverit.

  EDICTUM DIVI NERVAE

  7 Quaedam sine dubio, Quirites, ipsa felicitas temporum edicit, nec exspectandus est in iis bonus princeps, quibus illum intellegi satis est, cum hoc sibi civium meorum spondere possit vel non admonita persuasio, me securitatem omnium quieti meae praetulisse, ut et nova beneficia conferrem et ante me concessa servarem. 8 Ne tamen aliquam gaudiis publicis afferat haesitationem vel eorum qui impetraverunt diffidentia vel eius memoria qui praestitit, necessarium pariter credidi ac laetum obviam dubitantibus indulgentiam meam mittere. 9 Nolo existimet quisquam, quod alio principe vel privatim vel publice consecutus ideo saltem a me rescindi, ut potius mihi debeat. Sint rata et certa, nec gratulatio ullius instauratis egeat precibus, quem fortuna imperii vultu meliore respexit. le novis beneficiis vacare patiantur, et ea demum sciant roganda esse quae non habent.

  EPISTULA EIUSDEM AD TULLIUM IUSTUM

  10 Cum rerum omnium ordinatio, quae prioribus temporibus incohatae consummatae sunt, observanda sit, tum epistulis etiam Domitiani standum est.

  58 (66.) — TO TRAJAN.

  On my summoning the judges, sir, when opening my provincial court, Flavius Archippus began to plead excuse on the ground of being a philosopher. It was said by some that instead of being freed from the obligation of acting as judge, he ought to be removed altogether from the judicial list, and remitted to the punishment which he had escaped by breaking his chains. A decision of Velius Paulus, the proconsul, was cited, proving Archippus to have been condemned to the mines on a charge of forgery. He brought forward nothing to show that he had been reinstated: he alleged, however, in favour of his reinstatement, a memorial presented by himself to Domitian, and letters of the latter in which he was honourably mentioned, as also as a decree of the Prusenses. To these he added a letter written to him by yourself too, and an edict and a letter of your father confirming the favours granted by Domitian. Consequently, though such crimes were laid to the charge of this man, I deemed that nothing should be decreed till I had consulted you on a point which seemed worthy of being settled by you. I have added to this letter what was cited on both sides.

  THE EPISTLE OF DOMITIAN TO TERENTIUS MAXIMUS.

  Flavius Archippus, the philosopher, has begged me to grant him, in the neighbourhood of Prusa, his native place, some land sufficiently productive to maintain his family by its revenue. I will that this be accorded him. The whole sum expended you will charge to my liberality.

  OF THE SAME TO L. APPIUS MAXIMUS.

  I desire to recommend to you, my dear Maximus, Archippus the philosopher, a worthy man, and one whose conduct answers to his profession; and that you show him the full measure of your kindness in such things as he shall ask of you in moderation.

  EDICT OF NERVA.

  There are some things, Quirites, without doubt, which the felicity of these times spontaneously enjoins; nor is the goodness of a prince to be tested, in matters in which it is sufficient that it be understood: since the assurance, needing no reminder, of my subjects, is a warrant to them, that I have preferred the general security to my own repose, in order to confer many new favours, as well as to maintain those conceded before my time. In order, however, that no uncertainty may be introduced into the public joy, either through the diffidence of those who have obtained favours or through the recollection of him who granted them, I have deemed it at the same time a necessity and a pleasure, with the view of meeting all suspicions, to announce my kindly intentions. I am unwilling any one should suppose that what he has obtained either privately or publicly from another prince will be annulled by me, though it were only with the view of his owing it to me rather than another. All these things are hereby settled and confirmed: nor are fresh prayers necessary to complete the enjoyment of any one on whom the imperial favour has smiled. Let my subjects suffer me to find leisure for fresh benefits, and let them know that those things only are to be asked for which they do not possess.

  LETTER OF THE SAME TO TULLIUS JUSTUS.

  Inasmuch as all public ordinances which have received a commencement and completion in former reigns are to be observed, regard must also be paid to the letters of Domitian.

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  59. C. PLINIUS TRAIANO IMPERATORI

  Flavius Archippus per salutem tuam aeternitatemque petit a me, ut libellum quem mihi dedit mitterem tibi. Quod ego sic roganti praestandum putavi, ita tamen ut missurum me notum accusatrici eius facerem, a qua et ipsa acceptum libellum his epistulis iunxi, quo facilius velut audita utraque parte dispiceres, quid statuendum putares.

  59 (67.) — TO TRAJAN.

  Flavius Archippus has conjured me, “by your health and immortality,” to send you the memorial he has handed to me. I have thought it right to comply with a request so couched, on condition, however, of my informing the prosecutrix that I was going to send it. I got a memorial from her as well, and have appended it to these letters, that having, as it were, heard both sides, you might be in a better condition to judge what you think should be determined.

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  60. TRAIANUS PLINIO

  1 Potuit quidem ignorasse Domitianus, in quo statu esset Archippus, cum tam multa ad honorem eius pertinentia scriberet; sed meae naturae accommodatius est credere etiam statui eius subventum interventu principis, praesertim cum etiam statuarum ei honor totiens decretus sit ab iis, qui ignorabant, quid de illo Paulus proconsul pronuntiasset. 2 Quae tamen, mi Secunde carissime, non eo pertinent, ut si quid illi novi criminis obicitur, minus de eo audiendum putes. Libellos Furiae Primae accusatricis, item ipsius Archippi, quos alteri epistulae tuae iunxeras, legi.

  60 (68.) — TRAJAN TO PLINY.

  Domitian, to be sure, may have been ignorant of the situation of Archippus, when he wrote so much tending to his honour. But it is more in accordance with my nature to suppose that the intervention of the Emperor was actually for the purpose of relieving his situation, especially as such an honour as that of a statue was so often decreed to him by persons who were not ignorant of the sentence passed on him by the Proconsul Paulus. All this, however, my dearest Secundus, must not go so far as to make you think you should be the slower to hear, in case anything in the shape of a fresh charge is brought against him. I have read the memorials of Furia Prima, the prosecutrix, also those of Archippus himself, which you appended to your former letters.

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  61. C. PLINIUS TRAIANO IMPERATORI

  1 Tu quidem, domine, providentissime vereris,ne commissus flumini atque ita mari lacus effluat; sed ego in re praesenti invenisse videor, quem ad modum huic periculo occurrerem. 2 Potest enim lacus fossa usque ad flumen adduci nec tamen in flumen emitti, sed relicto quasi margine contineri pariter et dirimi. Sic consequemur, ut neque aqua viduetur flumini mixtus et sit perinde ac si misceatur. Erit enim facile per illam brevissimam terram, quae interiacebit, advecta fossa onera transponere in flumen. 3 Quod ita fiet si necessitas coget, et - spero - non coget. Est enim et lacus ipse satis altus et nunc in contrariam partem flumen emittit, quod interclusum inde et quo volumus aversum, sine ullo detrimento lacus tantum aquae quantum nunc portat effundet. Praeterea per id spatium, per quod fossa fodienda est, incidunt rivi; qui si diligenter colligantur, augebunt illud quod lacus dederit. 4 Enimvero, si placeat fossam longius ducere et altius pressam mari aequare nec in flumen, sed in ipsum mare emittere, repercussus maris servabit et reprimet, quidquid e lacu veniet. Quorum si nihil nobis loci natura praestaret, expeditum tamen erat cataractis aquae cursum temperare. 5 Verum et haec et alia multo sagacius conquiret explorabitque librator, quem plane, domine, debes mittere, ut polliceris. Est enim res digna et magnitudine tua et cura. Ego interim Calpurnio Macro clarissimo viro auctore te scripsi, ut libratorem quam maxime idoneum mitteret.

  61 (69.) — TO TRAJAN.

  You, sir, to be sure, with your great forethought, are apprehensive that if the lake be made to communicate with the river and so with the sea, it may be dried up. I, however, who am on the spot, fancy I have discovered a way of obviating this danger. The lake may be brought by means of a canal up to the river, and yet not be discharged into it, but be at the same time retained and kept separate from it, by leaving, as it were, a margin between the two. By this means we shall obtain as a result, that while the lake shall not seem to be emptied by being poured into the river, yet it will be as good as poured into it. For over this very small intermediate space it will be easy to transport to the river the cargoes brought to that point by means of the canal. The work will be so executed if necessity compels, though I hope it will not compel. For not only is the lake sufficiently high of itself, but also at the present moment it discharges a river on the opposite side, which may be dammed off from that direction, and diverted as we wish, and so, without any loss to the lake, be made to give all the water which it now carries. Moreover, on the ground along which the canal will have to be made, rivulets occur which, if they are carefully collected, will add to what the lake gives us. If, again, it be decided to prolong the canal, to dig it narrower, and to bring it on a level with the sea, and so to make it communicate not with the river but with the sea itself, the counter-pressure of the sea will preserve and keep back whatever comes from the lake. If the nature of the locality allowed of nothing of this kind, yet it would be easy to check the rapidity of the stream by means of sluices. However, these and other matters will be inquired into and investigated with much more sagacity by the surveyor whom you, sir, ought clearly to send according to promise. For the matter is one worthy of your greatness and your attention. I meanwhile have written to that distinguished man, Calpurnius Macer, at your suggestion, to send me as competent a surveyor as possible.

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  62. TRAIANUS PLINIO

  Manifestum, mi Secunde carissime, nec prudentiam nec diligentiam tibi defuisse circa istum lacum, cum tam multa provisa habeas, per quae nec periclitetur exhauriri et magis in usu nobis futurus sit. Elige igitur id quod praecipue res ipsa suaserit. Calpurnium Macrum credo facturum, ut te libratore instruat, neque provinciae istae his artificibus carent.

  62 (70.) — TRAJAN TO PLINY.

  It is clear, my dearest Secundus, that you have been wanting neither in prudence nor in diligence in the matter of the lake of which you speak: since you have provided so many expedients, by means of which not only will there be no danger of its being exhausted, but also it will be made more serviceable to us. Choose, then, whatever the circumstances themselves shall particularly recommend. I take it that Calpurnius Macer will arrange to furnish you with a surveyor, nor are those provinces deficient in professionals of this kind.

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  63. C. PLINIUS TRAIANO IMPERATORI

  Scripsit mihi, domine, Lycormas libertus tuus ut, si qua legatio a Bosporo venisset urbem petitura, usque in adventum suum retineretur. Et legatio quidem, dumtaxat in eam civitatem, in qua ipse sum, nulla adhuc venit, sed venit tabellarius Sauromatae , quem ego usus opportunitate, quam mihi casus obtulerat, cum tabellario qui Lycormam ex itinere praecessit mittendum putavi, ut posses ex Lycormae et regis epistulis pariter cognoscere, quae fortasse pariter scire deberes.

 

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