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All present agreed, with the exception of Fabius Aper, who proposed that Nominatus should be disbarred for the term of five years, and he continued firmly in that opinion though he drew no one over to side with him.
In compliance with your request and the promise I made to comply in case you asked me I will write and tell you the upshot of the demand of Nepos in the matter of Tuscilius Nominatus. Nominatus was brought into the Senate, and he pleaded his own case. There was no one to accuse him, for the legates of the Vicetini, so far from making matters difficult for him, smoothed his path.
Sollers, a man of praetorian rank, asked permission of the Senate to establish a market on his property. The delegates of the people of Vicetia opposed it: Tuscilius Nominatus appeared as their counsel, and the hearing was postponed.
He argued that Nominatus would have done much better if he had gone through with the cause of the Vicetini with the same resolution with which he had undertaken it, but that since his conduct, though blameworthy, was not fraudulent, and he had not been convicted of having committed any crime, he had better be acquitted on the understanding that he should return to the Vicetini the fees he had received from them.
He even produced the law under which the meeting of the Senate had been convened, and forced Dexter, who had been the first to propose the resolution opposed to his, to swear that his proposal was for the good of the State. Though this demand was perfectly legal, certain members loudly protested against it, on the ground that Aper seemed to be accusing Dexter of showing undue favour to Nominatus.
To the question whether on the previous occasion he had appeared for them gratuitously, they said they had given him 6000 sesterces, and on being asked whether they paid him a further fee, they replied, "Yes, a thousand denarii." Nepos demanded that Nominatus should be called, and matters went no further on that day.
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