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Pliny · Epistulae V

Pliny, Letter 5.9

Nepos' edict on advocates' fees

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1I had gone down to the Basilica Julia to hear the speakers to whom I had to reply at the next adjourned hearing. 2The judges were seated, the decemvirs had arrived, the advocates were moving about, there was a long silence; 2at last, a messenger from the praetor. 2The centumviri are dismissed and the day is cancelled, to my delight, for I am never so well prepared that I am not glad of a delay. 3The cause of the adjournment was Nepos the praetor, who presides over the criminal courts. 3He had posted a short edict, warning accusers and warning defendants that he would enforce the provisions of a decree of the senate.

4Attached to the edict was the decree of the senate: by it all who had any lawsuit were ordered to swear, before they pleaded, that they had given, promised or guaranteed nothing to anyone for legal assistance. 4For in these words, and a thousand others besides, the selling and the buying of advocates' services were forbidden; 4after the case was finished, however, it was permitted to give a sum of money, up to ten thousand sesterces. 5Disturbed by this action of Nepos, the praetor who presides over the centumviral court, intending to consider whether to follow his example, gave us an unexpected holiday. 6Meanwhile throughout the whole city Nepos' edict is criticised and praised.

6Many say: 'We have found someone to straighten what is crooked! 6What? 6were there no praetors before this one? 6and who is this man, to reform public morals?' 6Others, on the contrary: 'He has acted quite rightly; 6on the point of taking office he studied the law, read the decrees of the senate, checks the foulest bargains, and does not allow a most noble thing to be sold most shamefully.' 7Such is the talk everywhere, which will nevertheless prevail on one side or the other according to the outcome. 7It is altogether unfair, but accepted by custom, that honourable or shameful plans are approved or condemned according to whether they turn out well or badly.

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7Hence for the most part the same actions are given the name now of diligence, now of vanity, now of freedom, now of madness. 7Farewell.

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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.