Res Gestae

In order to seem to have a deeper knowledge of the law, they talk of Trebatius,[*](Horace, Serm. ii. 1; Cicero, Ad Fam. vii. 5, 8, 17.) Cascellius,[*](Of the time of the first triumvirate; cf. Val. Max., vi. 2, 12; Hor., A.P. 371.) and Alfenus,[*](Alfenus Varus, cf. Hor., Serm. i. 3, 130.) and of the laws of the Aurunci and Sicani,[*](Typical of antiquity; cf. Virg., Aen. viii. 51 ff.; Hor., Serm. i. 3, 91; Gell. i. 10, 1, 2.) which were long since forgotten and buried many ages ago along with Evander’s mother.[*](A humorous superlative of antiquus. Evander is typical of antiquity (Hor., Serm. i. 3, 91; etc.), and his mother carries us back a generation.) And if you pretend that you have purposely murdered your mother, they promise, if they have observed that you are a moneyed man,[*](Cf. xiv. 6, 12, note 3; Cic., Agr., ii. 22, 59.) that their many recondite studies will secure an acquittal for you.

A third group consists of those who, in order to gain glory by their troublous profession, sharpen their venal tongues[*](Cf. ingenium procudere, xv. 2, 8; procudere linguas, xxxi. 16, 9.) to attack the truth, and with shameless brow and base yelping often gain entrance wherever they wish. When the anxious judges are distracted by many cares, they tie up the business in an inexplicable tangle, and do their best to involve all peace and quiet in lawsuits and purposely by knotty inquisitions they deceive the courts, which, when their procedure is right, are temples of justice, when corrupted, are deceptive and hidden pits: and if anyone is deluded and falls into those pits, he will not get out except after many a term of years, when he has been sucked dry to his very marrow.

The fourth and last class, shameless, headstrong, and ignorant, consists of those who have broken away too soon from the elementary schools, run to and fro through the corners of the cities, thinking out mimiambic lines,[*](By mimiambi are meant either farces or songs written in iambics. See Pliny, Epist. vi. 21, 4; Gell. xx. 9, 1 ff.) rather than speeches suitable to win law-suits, wearing out the doors of the rich, and hunting for banquets and fine choice food.

When they have once devoted themselves to shady gain and to eagerness for money from any and every source, they urge all kinds of innocent people to involve themselves in vain litigations. And when they are allowed to defend suits, which rarely happens, amidst the very turning-points of the disputes they learn the name of their client and the purport of the business in hand from the mouth of the judge, and they so overflow with disarranged circumlocutions that in the foul hotchpotch you would think you were hearing a Thersites[*](Here a typical name for a foul-mouthed rascal; Iliad, ii. 211 ff.) with his howling din.

But when they find themselves in the end unable to defend the charges, they turn to unbridled licence in abuse; and on this account, because of their constant insults of persons of rank, they are prosecuted and often condemned; and among them are some who are so ignorant that they cannot remember that they ever possessed a law-book.

And if in a circle of learned men the name of an ancient writer happens to be mentioned, they think it is a foreign word for some fish or other edible; but if any stranger asks for the orator Marcianus (for example),[*](Here a typical name.) who was

And they no longer have before their eyes any right, but as if sold to and enslaved by avarice, they understand nothing except endless licence in making demands. And if once they have caught anyone in their nets, they entangle him in a thousand toils, purposely defaulting by pretending sicknesses one after another; and they prepare seven plausible preambles in order that the useless reading of well-known law may be introduced, thus weaving swarms[*](A favourite word of Ammianus, used literally in xviii. 3, 1; figuratively in xvi. 12, 11; xx. 7, 15; xxi. 5, 4. Wagner takes examina here in the sense of investigations (examina: a stateris ducta metaphora).) of long delays.

And when the contending parties are stripped of everything, and days, months and years are used up, at last the case, now worn out with age, is introduced, and those brilliant principals[*](The heads of the knighthood (ordo splendidus); cf. xxiii. 6, 83, nobilitas omnis et splendor. ) come forth, bringing with them other shadows of advocates. And when theyhave come within the barriers[*](= fori cancelli; cf. Cic., Sest. 58, 124, tantus est ex omnibus spectaculis usque a Capitolio, tantus ex fori cancellis plausus excitatus. ) of the court, and the fortunes or safety of some one begins to be discussed, and they ought to work to turn the sword or ruinous loss from an innocent person, the advocates on both sides wrinkling their brows and waving their arms in semblance of the gestures of actors (so that they lack only the oratorical pipe[*](See Cic., De Orat. iii. 60, 225; Plut., Tib. Gracch. 2, 4–5; Gaius Gracchus is said to have had a player on a pipe stationed behind him, when he made a speech, to regulate the force of his delivery; Val. Max. viii. 10, 1; Quint. i. 10, 27; Gell. i. 11, 10 ff.) of Gracchus behind them) stand for a long time opposite each other. At last, in accordance with a prearranged agreement, the one who is more confident in speech utters a kind of a sweet prologue, promising to emulate the ornamental language of

But yet, in spite of this, advocates suffer many inconveniences, not easy to be endured by a man who would live rightly. For, allured by the profits of their sedentary[*](With the underlying sense of base, contemptible. ) trade, they differ among themselves and become enemies, and they offend many by their outbursts of abusive ferocity (as has been said), which they blab out in a torrent when they have no arguments strong enough to fortify the weakness of the cases which have been entrusted to them.

And they have to deal with judges who sometimes are taught by the sophisms of Philistion or Aesopus,[*](Lindenbrog thought Aesopus was the famous tragic actor, but that seems doubtful because of the connection; cf. xxvi. 6, 15, mimicam cavillationem; Solinus, ch. x. (on Sicily). Valesius took him to be the celebrated writer of fables; Wagner believed that both Philistion and Aesopus were writers of mimes contemporary with Cicero.) rather than reared in the discipline of your Aristides the Just or Cato. Such men, having bought public office for large sums of money, like tiresome creditors prying into the resources of every kind of fortune, shake out booty from other men’s bosoms.

Finally, the profession of advocate has, with the rest, this serious and dangerous evil, which is native to almost all litigants, that although their cases may be lost by a thousand accidents, they

When spring was already ripening,[*](Ammianus takes up his narrative from the end375 A.D. of chapter 3.) Valentinian moved from Trier and hastened by quick marches along the familiar roads; and when he came to the regions for which he was aiming, he was met by a deputation of the Sarmatians,[*](Cf. xxvi. 4, 5; xxix. 6, 15.) who threw themselves at his feet and begged in peaceful terms that his visit might be favourable and merciful to them, since he would find that their countrymen were neither participants in, nor aware of, any outrage.

When they often repeated these same statements, after mature deliberation the emperor made this answer: that these acts must be investigated, in the place where they were said to have been committed, and punished in the light of the most reliable evidence. And when thereafter he entered Carnuntum,[*](Modern Haimburg, in Pannonia, on the Danube; near Vienna.) a town of the prefecture of Illyricum, now indeed deserted and in ruins, but very convenient for the leader of an army, he proceeded (whenever chance or design gave

And though he was a terror to all while his arrival was waited for, since he was likely in bitter anger to order at once the punishment of officials who through perfidy or desertion had exposed that side of Pannonia, yet on his arrival he became so mild that he neither made inquiry into the murder of King Gabinius,[*](Cf. xxix. 6, 5.) nor carefully investigated the wounds branded on the body of the state to learn through whose negligence or guilt they had come about. And indeed it was his way to be severe in punishing common people, but more lenient towards personages of higher rank, even when they deserved a severe rebuke in harsh words.

Probus alone he attacked with bitter[*](Cf. furori incitatissimo, xxxi. 2, 11.) hatred, never ceasing to threaten him from the first time he had seen him, nor showing him any mildness; and for this conduct there were obvious weighty reasons. Probus had then, not for the first time, attained the rank of praetorian prefect, and in his longing to prolong his tenure of office in many ways (I only wish that they had been justifiable), he relied more on flattery than on worth otherwise than the glory of his stock[*](He was decended from the family of the Anicii; cf. xvi. 8, 13.) admonished him.

For considering the emperor’s inclination to seek out ways of getting money from every quarter without distinction between right and wrong, he did not call him back when he strayed from the path of justice (as peace-loving counsellors have often done), but himself also followed the emperor on his devious and perverse course.

Hence resulted the grievous

These things, as persistent rumour maintained, went on thus with increasing treachery[*](Cf. illecebrosis insidiis, xxx. 1, 19.) and ruthlessness; but Valentinian knew nothing of them, as if his ears were stopped with wax, being eager for indiscriminate gain even from the slightest things, and taking into consideration only what was offered. Yet perhaps he would have spared Pannonia,[*](As his native land; cf. 7, 2, below.) if he had known earlier of these lamentable sources of profit, of which he learned all too late from the following chance occurrence.

After the example of the rest of the provincials the Epirotes also were compelled by the prefect to send envoys to the emperor to offer him their thanks,[*](For the merits of the governor.) and forced a philosopher called Iphicles,[*](A Cynic, formerly intimate with Julian.) a man renowned for his strength of soul, against his own desire to go and perform that duty.

And he, when he came into the emperor’s presence, being recognized and asked the reason for his coming,