Ep. 5.13.1Et tū rogās et ego prōmīsī sī rogāssēs, scrīptūrum mē tibi quem habuisset ēventum postulātiō Nepōtis circā Tuscilium Nōminātum.You ask, and I promised that if you asked I would write to you about the outcome of Nepos' demand concerning Tuscilius Nominatus. Ep. 5.13.1Inductus est Nōminātus;Nominatus was brought in; Ep. 5.13.1ēgit ipse prō sē nūllō accūsante.he pleaded for himself, with no one accusing him. Ep. 5.13.1Nam lēgātī Vicetinōrum nōn modo nōn pressērunt eum vērum etiam sublevāvērunt.For the envoys of the Vicetines not only did not press him but even helped him. Ep. 5.13.2Summa dēfēnsiōnis, nōn fidem sibi in advocātiōne sed cōnstantiam dēfuisse;The gist of his defence was that he had lacked not good faith as an advocate but firmness; Ep. 5.13.2dēscendisse ut āctūrum, atque etiam in cūriā vīsum, deinde sermōnibus amīcōrum perterritum recessisse;that 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down intending to plead, and had even been seen in the senate house, but then, terrified by what his friends said, had withdrawn; Ep. 5.13.2monitum enim nē dēsīderiō senātōris, nōn iam quasi dē nūndinīs sed quasi dē grātiā fāmā dignitāte certantis, tam pertināciter praesertim in senātū repugnāret, aliōquī maiōrem invidiam quam proximē passūrus.for 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.
Ep. 5.13.3Erat sānē prius, ā paucīs tamen, acclāmātum exeuntī.And indeed there had earlier been shouts against him as he left, though from only a few. Ep. 5.13.3Subiūnxit precēs multumque lacrimārum;He added entreaties and many tears; Ep. 5.13.3quīn etiam tōtā āctiōne homō in dīcendō exercitātus operam dedit, ut dēprecārī magis - id enim et favōrābilius et tūtius - quam dēfendī vidērētur.indeed 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. Ep. 5.13.4Absolūtus est sententiā dēsignātī cōnsulis Afrānī Dextrī, cuius haec summa: melius quidem Nōminātum fuisse factūrum, sī causam Vicetinōrum eōdem animō quō suscēperat pertulisset;He 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; Ep. 5.13.4quia tamen in hoc genus culpae nōn fraude incidisset, nihilque dignum animadversiōne admīsisse convincerētur, līberandum, ita ut Vicetinīs quod accēperat redderet.but 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.
Ep. 5.13.5Assēnsērunt omnēs praeter Fabium Aprum.Everyone agreed except Fabius Aper. Ep. 5.13.5Is interdīcendum eī advocātiōnibus in quīnquennium cēnsuit, et quamvīs nēminem auctōritāte trāxisset, cōnstanter in sententiā mānsit;He 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; Ep. 5.13.5quīn etiam Dextrum, quī prīmus dīversum cēnsuerat, prōlātā lēge dē senātū habendō iūrāre coēgit ē rē pūblicā esse quod cēnsuisset.he 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. Ep. 5.13.6Cui quamquam lēgitimae postulātiōnī ā quibusdam reclāmātum est;Although this demand was lawful, some people protested against it; Ep. 5.13.6exprobrāre enim cēnsentī ambitiōnem vidēbātur.for he seemed to be reproaching the proposer with seeking favour. Ep. 5.13.6Sed prius quam sententiae dīcerentur, Nigrīnus tribūnus plēbis recitāvit libellum disertum et gravem, quō questus est vēnīre advocātiōnēs, vēnīre etiam praevāricātiōnēs, in lītēs coīrī, et glōriae locō pōnī ex spoliīs cīvium magnōs et statōs reditūs.But 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.
Ep. 5.13.7Recitāvit capita lēgum, admonuit senātūs cōnsultōrum, in fīne dīxit petendum ab optimō prīncipe, ut quia lēgēs, quia senātūs cōnsulta contemnerentur, ipse tantīs vitiīs medērētur.He 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. Ep. 5.13.8Paucī diēs, et liber prīncipis sevērus et tamen moderātus: legēs ipsum;A few days passed, and there was a letter from the emperor, severe and yet moderate: you will read it yourself; Ep. 5.13.8est in pūblicīs actīs.it is in the public records. Ep. 5.13.8Quam mē iuvat, quod in causīs agendīs nōn modo pactiōne dōnō mūnere vērum etiam xeniīs semper abstinuī!How 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! Ep. 5.13.9Oportet quidem, quae sunt inhonesta, nōn quasi illicita sed quasi pudenda vītāre;One ought, indeed, to avoid what is dishonourable not as unlawful but as shameful; Ep. 5.13.9iūcundum tamen sī prohibērī pūblicē videās, quod numquam tibi ipse permīserīs.yet it is pleasant if you see forbidden by public authority what you have never allowed yourself.
Ep. 5.13.10Erit fortasse, immō nōn dubiē, huius prōpositī meī et minor laus et obscūrior fāma, cum omnēs ex necessitāte facient quod ego sponte faciēbam.Perhaps — 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. Ep. 5.13.10Interim fruor voluptāte, cum aliī dīvīnum mē, aliī meīs rapīnīs meae avāritiae occursum per lūdum ac iocum dictitant.Meanwhile 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. Ep. 5.13.10Valē.Farewell.