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Correspondence With The Emperor TrajanPart VIII
Part VIII
LXXI
To the Emperor Trajan
A very considerable question, Sir, in which the whole province is
interested, has been lately started, concerning the state^1 and maintenance of
deserted children.^2 I have examined the constitutions of former princes upon
this head, but not finding anything in them relating, either in general or
particular, to the Bithynians, I thought it necessary to apply to you for your
directions: for in a point which seems to require the special interposition of
your authority, I could not content myself with following precedents. An edict
of the emperor Augustus (as pretended) was read to me, concerning one Annia;
as also a letter from Vespasian to the Lacedaemonians, and another from Titus
to the same, with one likewise from him to the Achaeans, also some letters
from Domitian, directed to the proconsuls Avidius Nigrinus and Armenius
Brocchus, together with one from that prince to the Lacedaemonians: but I have
not transmitted them to you, as they were not correct (and some of them too of
doubtful authenticity), and also because I imagine the true copies are
preserved in your archives.
[Footnote 1: That is, whether they should be considered in a state of freedom
or slavery. M.]
[Footnote 2: "Parents throughout the entire ancient world had the right to
expose their children and leave them to their fate. Hence would sometimes
arise the question whether such a child, if found and brought up by another,
was entitled to his freedom, whether also the person thus adopting him must
grant him his freedom without repayment for the cost of maintenance." Church
and Brodribb.]
LXXII
Trajan To Pliny
The question concerning children who were exposed by their parents, and
afterwards preserved by others, and educated in a state of servitude, though
born free, has been frequently discussed; but I do not find in the
constitutions of the princes my predecessors any general regulation upon this
head, extending to all the provinces. There are, indeed, some rescripts of
Domitian to Avidius Nigrinus and Armenius Brocchus, which ought to be
observed; but Bithynia is not comprehended in the provinces therein mentioned.
I am of opinion, therefore, that the claims of those who assert their right of
freedom upon this footing should be allowed; without obliging them to purchase
their liberty by repaying the money advanced for their maintenance.^3
[Footnote 3: "This decision of Trajan, the effect of which would be that
persons would be slow to adopt an abandoned child which, when brought up, its
unnatural parents could claim back without any compensation for its nurture,
seems harsh, and we find that it was disregarded by the later emperors in
their legal decisions on the subject." Church and Brodribb.]
LXXIII
To the Emperor Trajan
Having been petitioned by some persons to grant them the liberty
(agreeably to the practice of former proconsuls) of removing the relics of
their deceased relations, upon the suggestion that either their monuments were
decayed by age or ruined by the inundations of the river, or for other reasons
of the same kind, I thought proper, Sir, knowing that in cases of this nature
it is usual at Rome to apply to the college of priests, to consult you, who
are the sovereign of that sacred order, as to how you would have me act in
this case.
LXXIV
Trajan to Pliny
It will be a hardship upon the provincials to oblige them to address
themselves to the college of priests whenever they may have just reasons for
removing the ashes of their ancestors. In this case, therefore, it will be
better you should follow the example of the governors your predecessors, and
grant or deny them this liberty as you shall see reasonable.
LXXV
To the Emperor Trajan
I have enquired, Sir, at Prusa, for a proper place on which to erect the
bath you were pleased to allow that city to build, and I have found one to my
satisfaction. It is upon the site where formerly, I am told, stood a very
beautiful mansion, but which is now entirely fallen into ruins. By fixing upon
that spot, we shall gain the advantage of ornamenting the city in a part which
at present is exceedingly deformed, and enlarging it at the same time without
removing any of the buildings; only restoring one which is fallen to decay.
There are some circumstances attending this structure of which it is proper I
should inform you. Claudius Polyaenus bequeathed it to the emperor Claudius
Caesar, with directions that a temple should be erected to that prince in a
colonnade-court, and that the remainder of the house should be let in
apartments. The city received the rents for a considerable time; but partly by
its having been plundered, and partly by its being neglected, the whole house,
colonnade-court and all, is entirely gone to ruin, and there is now scarcely
anything remaining of it but the ground upon which it stood. If you shall
think proper, Sir, either to give or sell this spot of ground to the city, as
it lies so conveniently for their purpose, they will receive it as a most
particular favour. I intend, with your permission, to place the bath in the
vacant area, and to extend a range of porticoes with seats in that part where
the former edifice stood. This new erection I purpose dedicating to you, by
whose bounty it will rise with all the elegance and magnificence worthy of
your glorious name. I have sent you a copy of the will, by which, though it is
inaccurate, you will see that Polyaenus left several articles of ornament for
the embellishment of this house; but these also are lost with all the rest: I
will, however, make the strictest enquiry after them that I am able.
LXXVI
Trajan to Pliny
I have no objection to the Prusenses making use of the ruined court and
house, which you say are untenanted, for the erection of their bath. But it is
not sufficiently clear by your letter whether the temple in the centre of the
colonnade-court was actually dedicated to Claudius or not; for if it were,
it is still consecrated ground!^1
[Footnote 1: And consequently by the Roman laws unapplicable to any other
purposes. M.]
LXXVII
To the Emperor Trajan
I have been pressed by some persons to take upon himself the enquiry of
causes relating to claims of freedom by birthright, agreeably to a rescript of
Domitian`s to Minucius Rufus, and the practice of former proconsuls. But upon
casting my eye on the decree of the senate concerning cases of this nature, I
find it only mentions the proconsular province.^1 I have therefore, Sir,
deferred interfering in this affair, till I shall receive your instructions as
to how you would have me proceed.
[Footnote 1: The Roman provinces in the times of the emperors were of two
sorts: those which were distinguished by the name of the provinciae Caesaris
and the provinciae senatus. The provinciae Caesaris, or imperial provinces,
were such as the emperor, for reasons of policy, reserved to his own immediate
administration, or of those whom he thought proper to appoint: the provinciae
senatus, or proconsular provinces, were such as he left to the government of
proconsuls or praetors, chosen in the ordinary method of election. (Vid. Suet.
in Aug. c. 47.) Of the former kind was Bithynia, at the time when our author
presided there. (Vid. Masson, Vit. Plin. p. 133.) M.]
LXXVIII
Trajan to Pliny
If you will send me the decree of the senate, which occasioned your
doubt, I shall be able to judge whether it is proper you should take upon
yourself the enquiry of causes relating to claims of freedom by birthright.
LXXIX
To the Emperor Trajan
Julius Largus, of Pontus^2 (a person whom I never saw, nor indeed ever
heard his name till lately), in confidence, Sir, of your distinguishing
judgment in my favour, has entrusted me with the execution of the last
instance of his loyalty towards you. He has left me, by his will, his estate
upon trust, in the first place to receive out of it fifty thousand sesterces^3
for my own use, and to apply the remainder for the benefit of the cities of
Heraclea and Tios,^4 either by erecting some public edifice dedicated to your
honour or instituting athletic games, according as I shall judge proper. These
games are to be celebrated every five years, and to be called Trajan`s games.
My principal reason for acquainting you with this bequest is that I may
receive your directions which of the respective alternatives to choose.
[Footnote 2: A province in Asia, bordering upon the Black Sea, and by some
ancient geographers considered as one province with Bithynia. M.]
[Footnote 3: About $2,000. M.]
[Footnote 4: Cities of Pontus near the Euxine or Black Sea. M.]
LXXX
Trajan to Pliny
By the prudent choice Julius Largus has made of a trustee, one would
imagine he had known you perfectly well. You will consider then what will most
tend to perpetuate his memory, under the circumstances of the respective
cities, and make your option accordingly.
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