Letter 10048: A poet of real quality has appeared among the younger men of the senatorial class; I draw your attention to him...
The duties of all the offices of state are fixed: it is the particular business of the urban prefecture to safeguard the rights of senators, O lords and emperors. Therefore I could not, given the necessity, fail to attend to the suits of most distinguished men [viri clarissimi, senatorial-rank gentlemen] pressing their just claims. From these men the palace official Eusebius, having been ordered to dig out a number of slaves, so that the inquiry concerning the estate of Catulus, a man of most distinguished memory, an inquiry already exhausted by judicial decisions and by sacred imperial responses, might be reopened, has stirred up the complaints of the leading men [optimates], who have long since been in possession of their share. Matters came accordingly to the laws, since the executor desired what the objection was repelling, and the sanctions of your divine power were invoked, those which forbade that the disputes of senators be transferred from the urban court to foreign jurisdictions. But when I maintained that the prerogative is not the same in the case of slaves, for whose petitions your perpetuity has appointed a definite judge of the case, the reply was made that a subtle petition had assailed the fortunes of most distinguished persons. Amid these proceedings, when Donatus stood among the other petitioners joined to the sacred rescript, I inquired, as is the custom, lest another be substituted under the same name, what status the man held and whether he himself had petitioned concerning the judgment about Catulus. Then he, declaring himself the slave of Hilarianus, a most distinguished man, firmly asserted that he was a stranger to the knowledge of those petitions which he is said to have submitted along with the others; and thus the credibility of the supplication appeared to waver even as regards its author. Other points, full of law and reason, were added: namely, that after frequent inquiries and after numerous rescripts issued in response to an official report [the formal dispatch sent up to the emperor], those who petitioned anew against what had been forbidden incurred the penalty of the law. For there exist on record the verdicts which, when an appeal had attempted to block them, your clemency's deified begetter [the late emperor], having been consulted by an official report, set as the limit of the inquiry. To which victory the imperial treasury added its profit, having obtained, as has been asserted, a fixed share of the estate of Catulus, a man of most distinguished memory. Since therefore the senators' suit rested upon rescripts and laws, they preferred to open their case to your justice through me rather than to vindicate it by a lawful trial, being secure in the decrees which you will preserve both by the necessity of the law and out of veneration for your deified father. And so in good confidence they have handed over the slaves; whom, to the prejudice of absent parties after the conclusion of the business, the equity of these times, as far as we presume, will not allow to be given a hearing.
AI-assisted translation - This translation was produced with AI assistance and has not been peer-reviewed. See the 19th-century translation or original Latin/Greek below for scholarly use.
Latin / Greek Original
Certa officia sunt omnium potestatum: praefecturae urbanae proprium negotium
est senatorum iura tutari, ddd. imppp. quare partium mearum conventus necessitate
allegationibus clarissimorum virorum iusta poscentium deesse non potui. a quibus
pleraque servitia palatinus Eusebius iussus eruere, ut bonorum Catuli clarissimae
memoriae viri quaestio iudicationibus sacrisque responsis consumpta repetatur, opti- is
matium querimonias, qui dudum partis fmuntur, excivit. ventum est igitur ad leges
executore cupiente quem contradictio repellebat, inplorataeque vestri numinis sanctiones, quae senatorum controversias transferri ab urbano foro ad peregrina
vetuerunt. sed cum adsererem, non eandem praerogativam esse servorum, quibus supplicantibus certum perennitas vestra detulit cognitorem , responsum est , quod
fortunas clarissimarum personarum precatio subtilis incesserit. inter haec cum Donatus
adsisteret ceteris precatoribus sacro iunctus oraculo, quaesivi, ut mos est, ne eodem
nomine alius subderetur, quae hominem condicio haberet et an ipse de Catuli iudicio
supplicasset. tunc ille Hilariani clarissimi viri servum professus ab illarum precum
conscientia, quas dicitur obtulisse cum ceteris, alienum se constanter adseruit; atque
ita visa est supplicationis fides etiam de auctore nutare. adiecta sunt alia plena iuris
atque rationis, quod post crebras cognitiones et rescripta ad relationem numerosa
poenam legis inciderint, qui denuo contra vetitum supplicarunt. extant quippe sententiae , quas cum provocatio temptasset inhibere , consultus relatione divus genitor
clementiae vestrae finem posuit quaestioni. cui victoriae fiscus accessit emolumentum
bonorum Catuli clarissimae memoriae viri, ut adsertum est, pro certa parte sortitus.
cumigitur senatorum allegatio rescriptis ac legibus niteretur, maluerunt caysamsuam
vestrae per me aperire iustitiae quam legitimo vindicare iudicio, securi decretorum,
quae et necessitate iuris et divi patris veneratione servabitis. itaque servos bona fiducia
tradiderunt; quos in praeiudicium absentium post consummationem negotii aequitas
temporum, quantum praesumimus, non patietur audiri.
Revision history
- 2026-05-27v2.2.34-import
Initial corpus import from modern symmachus repair v1.
Fields: letter text, metadata, source links. Source: https://archive.org/details/qaureliisymmach00seecgoog
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