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Pliny · Epistulae V

Pliny, Letter 5.13

The outcome of the Nominatus affair

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1You ask, and I promised that if you asked I would write to you about the outcome of Nepos' demand concerning Tuscilius Nominatus. 1Nominatus was brought in; 1he pleaded for himself, with no one accusing him. 1For the envoys of the Vicetines not only did not press him but even helped him. 2The gist of his defence was that he had lacked not good faith as an advocate but firmness; 2that he had come down intending to plead, and had even been seen in the senate house, but then, terrified by what his friends said, had withdrawn; 2for he had been warned not to oppose so stubbornly, especially in the senate, the wishes of a senator who was contending no longer, as it were, over a market but over his influence, his reputation and his standing, or else he would suffer greater unpopularity than on the last occasion.

3And indeed there had earlier been shouts against him as he left, though from only a few. 3He added entreaties and many tears; 3indeed throughout his whole speech, as a man practised in speaking, he took pains to seem to be begging for pardon — for that is both more likely to win favour and safer — rather than defending himself. 4He was acquitted on the motion of the consul-elect Afranius Dexter, the gist of which was this: that Nominatus would indeed have done better if he had carried through the Vicetines' case in the same spirit in which he had taken it on; 4but since he had fallen into this kind of fault not through fraud, and was proved to have committed nothing deserving punishment, he should be released, on condition that he returned to the Vicetines what he had received.

5Everyone agreed except Fabius Aper. 5He proposed that Nominatus be barred from acting as an advocate for five years, and although he had won no one over by his authority, he stood firmly by his proposal; 5he even produced the law on the conduct of the senate and forced Dexter, who had been the first to propose otherwise, to swear that his proposal was in the public interest. 6Although this demand was lawful, some people protested against it; 6for he seemed to be reproaching the proposer with seeking favour. 6But before the opinions were given, Nigrinus, a tribune of the plebs, read out an eloquent and weighty memorandum in which he complained that advocates' services were for sale, that even collusion was for sale, that men conspired in lawsuits, and that large and regular incomes from the spoils of fellow citizens were reckoned as glory.

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7He read out the heads of the laws, reminded the senate of its decrees, and at the end said that the best of emperors should be asked, since the laws and the decrees of the senate were being despised, to cure such great abuses himself. 8A few days passed, and there was a letter from the emperor, severe and yet moderate: you will read it yourself; 8it is in the public records. 8How glad I am that in pleading cases I have always abstained not only from any bargain, gift or present, but even from tokens of friendship! 9One ought, indeed, to avoid what is dishonourable not as unlawful but as shameful; 9yet it is pleasant if you see forbidden by public authority what you have never allowed yourself.

10Perhaps — no, without doubt — there will be both less praise and a dimmer reputation for this principle of mine, since everyone will do from necessity what I used to do of my own accord. 10Meanwhile I enjoy the pleasure of it, as some keep calling me a prophet, others, in fun and as a joke, say that a check has been put on my plundering and my greed. 10Farewell.

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Pliny, Epistulae V. Latin text: the Perseus digital text of Pliny's Letters, public domain; digital text from the Perseus Digital Library, CC BY-SA. Word analysis: drafted by our own tagger (trained on the hand-checked texts on this site), with every doubtful word checked by hand. English translation and section titles: written for this app, each checked against the Latin by a second reader.