Res Gestae

Ammianus Marcellinus

Ammianus Marcellinus. Ammianus Marcellinus, with an English translation, Vols. I-III. Rolfe, John C., translator. Cambridge, MA; London: Harvard University Press; W. Heinemann, 1935-1940 (printing).

But, although Julian believed that this was an opportunity to ruin the man, he replied: I know that the person to whom you refer has given me just cause for offence, but it is proper for you to keep silence until he gives satisfaction to me, his opponent of higher rank. And he ordered the prefect who was sitting in judgement not to listen to their charge until he himself was reconciled with Thalassius, which shortly happened.

Passing the winter there to his heart’s content, he was meanwhile carried away by no incitements of the pleasures in which all Syria abounds; but as if for recreation devoting his attention to cases at law, not less than to difficult and warlike affairs, he was distracted by many cares, as with remarkable willingness to receive information he deliberated how he might give each man his due by righteous decisions, bringing the guilty to order with moderate punishments and protecting the innocent with the safety of their property.

And, although in arguing cases he was sometimes untimely, asking at some inopportune moment what the religion of each of the litigants was, yet it cannot be found that in the decision of any suit he was inconsistent with equity, nor could he ever be accused because of a man’s religious views, or for any other cause, of having deviated from the straight path of justice.

For that is desirable

v2.p.255
and proper judgement, when, after examination of all the circumstances, just is distinguished from unjust; and that he might not depart from this, he was as careful as of dangerous rocks.[*](With the expression cf. Caesar (ap. Gell. i. 10, 4), ut tamquam scopulum fugias . .insolens verbum. ) Now this he was able to accomplish for the reason that, recognising the hastiness of his somewhat excitable disposition, he allowed his prefects and associates freely to curb his impulses, when they led him away from what was fitting, by a timely admonition; and at times he showed that he regretted his errors and was glad to be corrected.

And when the defenders of causes greeted him with the greatest applause, declaring that he understood perfect justice, he is said to have replied with emotion: I should certainly rejoice and show my joy, if I were praised by those whom I knew to have also the power to blame me in case I was wrong in deed or word.