The Letters of the Younger Pliny, First Series — Volume 1

Pliny the Younger (Publius Caecilius Secundus) · c. 96–113 CE (composition of the letters collected as First Series, Volume 1) primary

passage 72 of 127 · Book of his correspondence, and which show us Pliny acting as Governor of the province of Pontus and Bithynia. He had been sent there because the finances of many of the cities had been allowed to fall into a shocking state, and because the Emperor wanted a man whom he could thoroughly trust to put them straight. No doubt Pliny, while flattered at this proof of Trajan's regard, felt the severance from his friends and ordinary pursuits which this term of absence necessitated. But compare his attitude with that of Cicero as Governor of Cilicia! Cicero crawled on the outward journey, and when he reached his destination he counted the days to his return like a bullied school-boy counts the days to the end of the term. He writes to his friends in the capital, begging and praying of them that they will prevent his being obliged to stay for a second year. All his thoughts are of Rome and how to return there. The wretched provincials bore him to distraction; he yearns for the wider arena of the capital in which to play the swelling part to which he aspires. There is, in short, not a trace in Cicero's letters from his province to show that he took the slightest interest in his new surroundings. Pliny displays a far different spirit. He reminds us more of the Colonial Governor of our own day. He is interested in the past history and traditions of the country, he is anxious that the cities shall have good water supplies, good baths, good theatres, good gymnasia. He is for ever suggesting to the Emperor that he should send architects to consult with him on some important public work. And these letters disclose to us what a wonderful system of organised government the Roman Empire possessed. Pliny even writes to Trajan to ask permission that an evil-smelling sewer may be covered over in a town called Amastria. If all the governors of the provinces wrote home for orders on such points, the Emperor must indeed have been busy, and some of his replies to Pliny show that Trajan hinted very plainly that a governor ought to have some initiative of his own. None the less, the tenour of this correspondence proves that Trajan held the threads of government very jealously in his own hands. When Pliny suggested the establishment of a small fire-brigade in Nicomedia, where the citizens had stood enjoying the aesthetic beauty of a disastrous fire which destroyed whole streets, instead of putting it out, Trajan sharply vetoed the suggestion, on the ground that the Greeks were factious people and would turn even a fire-brigade to illicit and seditious purposes. > BOOK III. (13/24)

in brief

Pliny narrates the Senate and courtroom outcomes in a series of actions against Classicus and his associates, arguing legal principles, rejecting dubious defensive claims, and concluding with acquittals and banishments.

and Stilonius Priscus, who had acted under him as tribune of a cohort. Here the verdicts differed, for while Priscus was banished from Italy for two years, Fuscus was acquitted.

In the third action, we thought our best course was to lump the defendants together, fearing lest, if the trial were to be spun out to undue length, those who were hearing the case would grow sick and tired of it, and their zeal for strict justice and severity would abate. Besides, the accused persons, who had been designedly kept over till then, were all of comparatively little importance, except the wife of Classicus, and, although suspicion against her was strong, the proofs seemed rather weak. As for the daughter of Classicus, who was also among the defendants, she had cleared herself even of suspicion. Consequently, when I reached her name in the last trial--for there was no fear then as there had been at the beginning that such an admission would weaken the force of the prosecution--I thought the most honourable course was to refrain from pressing the charge against an innocent person, and I frankly said so, repeating the idea in various forms. For example, I asked the deputation of the Baetici whether they had given me definite instructions on any point which they felt confident they could prove against her; I turned to the senators and inquired whether they thought I ought to employ what eloquence I might possess against an innocent person, and hold, as it were, the knife to her throat; and, finally, I concluded the subject with these words: "Some one may say, 'You are presuming to act as judge.' No, I reply, I am not presuming to be a judge, but I cannot forget that the judges appointed me to act as counsel."

Well, the conclusion of this trial, with its crowd of defendants, was that a certain few were acquitted, but the majority were condemned and banished, some for a fixed term of years, and others for life. In the same decree the Senate expressed in most handsome terms its appreciation of our industry, loyalty, and perseverance, and this was the only possible worthy and adequate reward for the trouble we had taken. You can imagine how worn out we were, when you think how often we had to plead, and answer the pleadings of our opponents, and how many witnesses we had to cross-question, encourage, and refute. Besides, you know how trying and vexatious it is to say "no" to the friends of the accused when they come pleading with you in private, and to stoutly oppose them when they confront you in open court. I will tell you one of the things I said. When one of those who were acting as judges interrupted me on behalf of one of the accused in whom he took a special interest, I replied: "He will be none the less innocent, if he be innocent, when I have had my full say." You can guess from this sample what opposition we had to face, and how we could not avoid giving offence,--but that only lasted a short time, for though at the moment a loyal conduct of a case may offend those whom one is opposing, in the end it wins even their admiration and respect.

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topics: courts, trials, and pleading · crime and punishment · equity, mercy, and pardon

The Letters of the Younger Pliny, First Series — Volume 1 · Pliny the Younger (Publius Caecilius Secundus) · 96–113