The annales of Cornelius Tacitus. The description of Germanie

XII. Balbus a Senators testament forged: and Pedanius Rufus killed by his bondmen.

THe same yeere two notable lewd parts were committed at Rome: the one by a Senator; the other by an audacious bondman. Domitius Balbus sometime Pretor, being aged, without children, and of great wealth, lay open to much treacherie. One of his neerest kinsmen, Valerius Fabianus, and Consull elect, forged a false testament in his name, hauing called thereunto Vicius Rufinus, and Terentius Lentinus gentlemen of Rome: and they associated vnto them Antonius Primus, and Asinius Marcellus. Antonie was readie and bold; Marcellus nobly descended, and nephewe to Asinius Pollio, of a good cariage and behauiour; sauing that he thought pouertie the woorst of all things. Fabianus then sealed the testament with those which I haue named, and others of lesser calling: whereof he was conuicted before the Lords of the Senat, with Antonius, & Rufinus, & Terentius, and condem∣ned by the law Cornelia against forgerie. But Marcellus the memorie of his aun∣cestors, and Caesars entreatie, acquited rather from punishment, than infamie. The same day ouerthrew Pompeianus Aelianus, a yoong man, who had been Quaestor and priuie to Fabianus practise, and was banished Italy and Spaine his natiue countrey. Valerius Ponticus sustained the like ignominie, because that eschuing the iudge∣ment of the Prouost of the citie, he had informed against some before the Pretor first vnder colour of som lawes, then by preuarication to escape punishment. Wher∣upon a decree of Senate was ordained, that he who should either buy or sell any such actions, should sustaine the same punishment, as he who was publickly con∣demned for forging of crimes in false accusations. Not long after Pedanius Secun∣dus Prouost of the citie was slaine by his bondman, either because he had denied him his libertie, which for woney he had couenāted; or hating him for the vnnatural lust of a youth, as not induring his lord to be his riuall. But when all the bondslaues of the house according to the old custom should haue bin condemned for that fact; through the flocking thither of people, which defended so many innocent persons, they grew almost to a mutinie, and euen in the Senate it selfe; among which there was a faction, some contemning that ouergreat seueritie; and many on the contrary side holding it necessary that nothing should be changed. Among which, C. Cassius vttered his opinion as followeth. I haue oftentimes been present in this aslemblie, Lords of the Senate, when new decrees haue beene demaunded, contrary to the lawes and ordinances of our auncestors: neither haue I euer gainesaide them; not that I doubted but that in times past they foresaw and tooke better and more vp∣right order for all affaires then now; and that those things which were altered were changed into the worse: but least I should seeme by sticking too much to old cus∣tomes, to extoll the thing I affected: with all I thought it not conuenient with of∣ten contradiction, to ouerthrow this our authoritie whatsoeuer it be, to the end it might remaine strong and entire, if at any time the common wealth should neede of counsell. Which this day hath appeered, a Consull being murdered in his owne house, by treason of his slaues, which none either hindered or bewraied, although the decree of Senate be yet in force, which in this case threatned punishment to the whole familie. Decree in good truth impunitie. But whom shall any mans digni∣tie warrant, seeing the Prouostship of the citie auailed not? whom shall a multi∣tude of slaues defend, seeing foure hundred haue not protected Pedanius Secundus? Whom shall any ones familie help, if standing in feare of lawes our seruants care

not what danger we fall into. Shall we say, as some are not ashamed to inuent, that this murderer reuenged his owne priuat iniurie, because he had compounded for his fathers inheritance; or that some old slaue had beene taken from him? Let vs pro∣nounce sentence without any further adoe, that Pedianus seemeth to vs to haue bin iustly slaine. Giue me leaue to reason of that point, that hath been determined by wiser men: If we were now first of all to consider of the matter, do you thinke that a slaue had had the hart to murder his Lord, if no threatning word had before esca∣ped him? if he had vttered nothing rashly? forsooth he concealed his intention, he prepared a weapon amongst such as knew nothing of it. Could he passe the watch, open the chamber dores, bring in light, commit the murder, all of his fellowes igno∣rant of it? If slaues would bewraye such attempts, they can giue many signes: which if they discouer, we alone may be safe among many lewde persons: in the end if we must needes dye, yet not vnreuenged of the wicked. The disposition of slaues hath alwayes beene feared by our auncestors; yea although they were borne in the same countrey and houses, and haue iust occasion presently to loue their lords. But seeing we haue nations of them in our families, vsing diuers rites and cus∣tomes, strange or no ceremonies of religions at all, this rascalitie thou shalt not be able to bridle but by feare. But some innocents shall be cast away. When an armie is discomfited, and euery tenth souldier is culled out and beaten with a cudgell, the lot falleth also vpon the valiant. Euery exemplarie punishment hath somewhat in it which is vniust, which being in particular to the preiudice of some, yet is recom∣pensed by the generall good of the whole. As no one man durst gainsay Cassius opi∣nion, so many confusedly answered together, that there should commiseration be taken, of the number, age, sexe, and vndoubted innocencie of many. Yet that opi∣nion preuailed, which cōcluded they should be punished; but it could not be execu∣ted, a multitude being flocked together, threatning with stones and fire. Then Caesar rebuked the people by an edict, & beset al the way, by which the condemned parties were lead to punishment with a gard of souldiers. Cingonius Varro aduised that the freed men which liued vnder the same roofe with their maister slaine, should be ba∣nished Italie. But that was withstoode by the Prince, least the auncient custome which clemencie had not diminished, should by crueltie be made worse. The same men being Consuls, Tarquitius Priscus was condemned for extortion, at the suite of the Bithynians, the Senators greatly reioysing thereat, who bare in minde that Sta∣tilius Taurus their Proconsull had beene accused by him. The people were num∣bred and valued in Gallia by Q. Volusius, and Sext. Africanus, and Trebellius Maxi∣mus; and whilest Volusius and Africanus contended for woorth and nobilitie, and both disdaining Trebellius, they preferred him before themselues. That yeere died Memmius Regulus, in authoritie, constancie, fame, as much as might be, the impe∣riall highnes shadowing him, greatly renowmed: in so much that Nero being sicke, and such as were about him flattering him, and saying that the Empire was at an end if he should miscary, made answere; that the common wealth had a support and stay. Then they demaunding him in whom especially? he added, in Memmius Regu∣lus. Neuertheles Regulus liued after this, shrowded by his quiet life, and because he was of new nobilitie, and not enuied for his wealth. The same yeere, a place of all kinde of exercise called Gymnasium was dedicated by Nero, and oyle giuen when they wrestled naked to the gentlemen and Senate, according to the courtesie of the Greekes.