The Roman History of Ammianus Marcellinus Part 64

11. There is a second cla.s.s of those men who, professing the science of the law, especially the interpretation of conflicting and obsolete statutes, as if they had a bridle placed in their mouths, keep a resolute silence, in which they rather resemble their shadows than themselves. These, like those men who cast nativities or interpret the oracles of the sibyl, compose their countenances to a sort of gravity, and then make money of their supine drowsiness.

12. And that they may appear to have a more profound knowledge of the laws, they speak of Trebatius,[185] and Cascellius, and Alfenus, and of the laws of the Aurunci and Sicani, which have long become obsolete, and have been buried ages ago with the mother of Evander. And if you should pretend to have deliberately murdered your mother, they will promise you that there are many cases recorded in abstruse works which will secure your acquittal, if you are rich enough to pay for it.

13. There is a third cla.s.s of these men, who, to arrive at distinction in a turbulent profession, sharpen their mercenary mouths to mystify the truth, and by prost.i.tuting their countenances and their vile barking, work their way with the public. These men, whenever the judge is embarra.s.sed and perplexed, entangle the matter before him with further difficulties, and take pains to prevent any arrangement, carefully involving every suit in knotty subtleties. When these courts, however, go on rightly, they are temples of equity; but when they are perverted they are hidden and treacherous pitfalls, and if any person falls into them, he will not escape till after many years have elapsed, and till he himself has been sucked dry to his very marrow.

14. There is a fourth and last cla.s.s, impudent, saucy, and ignorant, consisting of those men who, having left school too early, run about the corners of cities, giving more time to farces than to the study of actions and defences, wearing out the doors of the rich, and hunting for the luxuries of banquets and rich food.

15. And when they have given themselves up to gains, and to the task of hunting for money by every means, they incite men, on any small pretence whatever, to go to law; and if they are permitted to defend a cause, which but seldom happens, it is not till they are before the judge, while the pleadings are being recited, that they begin to inquire into the cause of the client, or even into his name; and then they so overflow with a heap of unarranged phrases and circ.u.mlocutions, that from the noise and jabber of the vile medley you would fancy you were listening to Thersites.

16. But when it happens that they have no single allegation they can establish, they then resort to an unbridled licence of abuse; for which conduct they are continually brought to trial themselves, and convicted, when they have poured ceaseless abuse upon people of honour; and some of these men are so ignorant that they do not appear ever to have read any books.

17. And if in a company of learned men the name of any ancient author is ever mentioned, they fancy it to be some foreign name of a fish or other eatable. And if any stranger asks (we will say) for Marcia.n.u.s, as one with whom he is as yet unacquainted, they all at once pretend that their name is Marcia.n.u.s.

18. Nor do they pay the slightest attention to what is right; but as if they had been sold to and become the property of Avarice, they know nothing but a boundless licence in asking. And if they catch any one in their toils, they entangle him in a thousand meshes, pretending sickness by way of protracting the consultations. And to produce an useless recital of some well-known law, they prepare seven costly methods of introducing it, thus weaving infinite complications and delays.

19. And when at last days and months and years have been pa.s.sed in these proceedings, and the parties to the suit are exhausted, and the whole matter in dispute is worn out with age, then these men, as if they were the very heads of their profession, often introduce sham advocates along with themselves. And when they have arrived within the bar, and the fortune or safety of some one is at stake, and they ought to labour to ward off the sword of the executioner from some innocent man, or calamity and ruin, then, with wrinkled brows, and arms thrown about with actor-like gestures, so that they want nothing but the flute of Gracchus at their back,[186] then they keep silence for some time on both sides; and at last, after a scene of premeditated collusion, some plausible preamble is p.r.o.nounced by that one of them who is most confident in his power of speaking, and who promises an oration which shall rival the beauties of the oration for Cluentius[187] or for Ctesiphon.[188] And then, when all are eager for him to make an end, he concludes his preamble with a statement that the chief advocates have as yet only had three years since the commencement of the suit to prepare themselves to conduct it; and so obtains an adjournment, as if they had to wrestle with the ancient Antaeus, while still they resolutely demand the pay due for their arduous labours.

20. And yet, in spite of all these things, advocates are not without some inconveniences, which are hard to be endured by one who would live uprightly. For being allured by small gains, they quarrel bitterly among themselves, and offend numbers by the insane ferocity of their evil speaking, which they pour forth when they are unable to maintain the weakness of the case intrusted to them by any sound reasoning.

21. And sometimes the judges prefer persons who have been instructed in the quibbles of Philistion or aesop, to those who come from the school of Aristides the Just, or of Cato--men who, having bought public offices for large sums of money, proceed like troublesome creditors to hunt out every one's fortune, and so shake booty for themselves out of the laps of others.

22. Finally, the profession of a lawyer, besides other things, has in it this, which is most especially formidable and serious (and this quality is almost innate in all litigants), namely that when, through one or other out of a thousand accidents, they have lost their action, they fancy that everything which turned out wrong was owing to the conduct of their counsel, and they usually attribute the loss of every suit to him, and are angry, not with the weakness of their case or (as they often might be) with the partiality of the judge, but only with their advocate. Let us now return to the affairs from which we have thus digressed.

V.

A.D. 375.

-- 1. At the beginning of the spring Valentinian quitted Treves, and proceeded by rapid marches along the usual high roads. And as he approached the districts to which he was hastening, he was met by amba.s.sadors from the Sarmatians, who threw themselves at his feet, and, with prayers, breathing no wish but for peace, entreated him to be favourable and merciful to them, a.s.suring him that he would not find any of their countrymen implicated in or privy to any evil action.

2. And when they had frequently repeated this a.s.sertion, he, after careful deliberation, made answer to them, that these matters must be diligently inquired into by an accurate investigation in the district where they were said to have happened, and if they had happened, then they must be punished. After this, when he had reached Carnuntum, a city of the Illyrians, now indeed in a desolate and ruinous state, but still very convenient for the general of an army, he from thence sallied out whenever either chance or skill afforded him an opportunity; and by the possession of this post in their neighbourhood, he checked the inroads of the barbarians.

3. And although he alarmed all people in that district, since it was expected that, as a man of active and impetuous feelings, he would speedily command the judges to be condemned through whose perfidy or desertion the empire had been left undefended on the side of the Pannonians, yet when he did arrive he was so lukewarm in the business that he neither inquired into the death of the king Gabricius, nor did he make any accurate investigation into the calamities which the republic had sustained, with a view to learning through whose misconduct or negligence these events had taken place; so that in fact, in proportion as he was severe in punis.h.i.+ng his common soldiers, he was remiss in correcting (even by harsh words) those of higher rank.

4. The only person whom he pursued with any especial hatred was Probus; whom from the first moment that he saw him he never ceased to threaten, and to whom he never softened; and the causes of this animosity against him were not obscure nor trivial. When Probus first obtained the rank of prefect of the praetorium, the power of which he was continually labouring to extend by all kinds of means (I wish I could say by all lawful means), he forgot the lessons which he might have learnt from his ill.u.s.trious descent, and devoted himself more to flattery than to modesty.

5. For reflecting on the resolution of the emperor, who considered nothing but how he might ama.s.s money from all quarters, without any distinction between just and unjust actions; he never attempted to lead back the misguided prince into the path of equity, as mild and wise rulers often have done; but rather followed his lead through all his winding and tortuous paths.

6. And to this conduct were owing the heavy distresses which afflicted the emperor's subjects; the ruinous t.i.tles, privileges, and exemptions, which alike ate up the fortunes of poor and rich; under different pretexts which were produced, each more powerful than the other, as the fruit of a long experience in injuring. Lastly, the burdens of all tributes and taxes were augmented in a manifold degree; and drove some of the highest n.o.bles from fear of the worst to emigrate from their homes; some also after being drained to the utmost by the cruelty of the revenue officers, as they really had nothing more to give, were thrown into prison, of which they became permanent inmates. And some, becoming weary of life and light, sought a release from their miseries by hanging themselves.

7. Unvarying report made known the treacherous and inhuman character of these transactions; but Valentinian, as if his ears had been stopped with wax, was ignorant of the report, being eager to acquire money indiscriminately, even from the most trivial sources, and thinking only of what was presented to him; though he would perhaps have spared the Pannonian provinces, if he had earlier known of these melancholy sources of gain with which he became acquainted when it was too late, owing to the following occurrence:--

8. Following the example of the inhabitants of other provinces, the people of Epirus were compelled by the prefect to send envoys to thank him, and a certain philosopher named Iphicles, a man of tried courage and magnanimity (who was very unwilling to undertake the commission), was elected to discharge that duty.

9. And when he saw the emperor, having been recognized by him and questioned as to the cause of his arrival, he answered in Greek; and, like a philosopher who professed himself a votary of truth, when the prince inquired more precisely, if those who had sent him did really think well of the prefect, he replied, that they had sent him against their will, and with bitter groans.

10. The emperor, stricken by this speech as by an arrow, now investigated his actions like a sagacious beast, inquiring of him, in his own language, about different persons whom he knew: for instance, where was this man or that man (mentioning some one of high reputation and honour, or some very rich man, or some other person well known as having filled some high office). And when he learnt that this man had been hanged, that that one had been banished beyond the seas, and that a third had killed himself or had expired under torture, he became furiously angry, while Leo, who was at that time master of the offices, added fuel to his pa.s.sion--O shameful villany! Leo, it should be borne in mind, was at this very time secretly aiming at the prefecture; and had he obtained that office and authority, he would undoubtedly have governed with such audacity, that the administration of Probus would in comparison have been extolled as a model of justice and humanity.

11. So the emperor remained at Carnuntum; and during the three summer months he occupied himself uninterruptedly in preparing arms and magazines, in the hope that chance might afford him a good opportunity of making use of them; intending to take a favourable season for attacking the Quadi, who had lately caused an atrocious disturbance; since in their chief town, Faustinus, the nephew of Juventius, the prefect of the praetorium, who had attained the rank of military secretary, was tortured and then put to death by the executioners, under the very eyes of Probus; having been accused of slaying an a.s.s in some magical operation, as his enemies a.s.serted; but he himself said it was to use for strengthening his hair, which was beginning to fall off.

12. Another charge was also maliciously brought against him, namely, that when a person of the name of Nigrinus had in jest asked him to make him a secretary, he replied in ridicule of the man and his pet.i.tion, "Make me emperor if you wish to obtain that." And because some gave an unfair interpretation to this jest, Faustinus himself, and Nigrinus, and several other persons were put to death.

13. Accordingly, having sent forward Merobaudes with a strong force of infantry under his command, and Sebastian for his colleague, to ravage the districts of the barbarians with fire and sword, Valentinian speedily moved his camp to Buda; and having with great rapidity made a bridge of boats in order to guard against any sudden mishap, he crossed the river in another place and entered the territories of the Quadi, who from their precipitous mountains were watching for his approach; the main body of their nation, in their perplexity and uncertainty of what might happen, had taken refuge with their families in those hills; but were overwhelmed with consternation when they unexpectedly saw the imperial standards in their country.

14. Valentinian advanced with as much rapidity as he could, slaughtering every one of whatever age whom his sudden inroad surprised straggling about the country, and after burning all their dwellings, he returned safe without having experienced the slightest loss. And then, as autumn was now on the wane, he stopped awhile at Buda, seeking where best to fix his winter quarters in a region subject to very rigorous frost. And he could not find any suitable place except Sabaria, though that town was at the time in a very bad state of defence, having been ruined by frequent sieges.

15. Accordingly when he reached this place, though it was one of great consequence to him, he remained there but a very short time; and having left it, he marched along the bank of the river, which he strengthened with several forts and castles, and manned them with adequate garrisons.

He then proceeded to Bregitio; and in that town, after settling down there in quiet, his Destiny, by numerous prodigies, portended to him his approaching fate.

16. For a very few days before some of those comets, which ever give token of the ruins of lofty fortunes, and of which we have already explained the origin, appeared in the heavens. Also, a short time before, a thunderbolt fell at Sirmium, accompanied with a terrific clap of thunder, and set fire to a portion of the palace and senate-house: and much about the same time an owl settled on the top of the royal baths at Sabaria, and pouring forth a funeral strain, withstood all the attempts to slay it with arrows or stones, however truly aimed, and though numbers of people shot at it in diligent rivalry.

17. And again, when the emperor was quitting the city to return to the camp, he set out to leave it by the same gate by which he had entered it, with the object of obtaining an augury that he should speedily return to Gaul. But the spot through neglect had become choked up with ruins; and when they were cleaning it out they found that the door, which had originally closed the entrance, had fallen down: and a great mult.i.tude of people, though labouring with all their might, were unable to remove it; so that after waiting the greater part of the day there, he was obliged at last to go out by another gate.

18. And on the night preceding the day on which he died, he saw in a dream, such as often visits a man in his sleep, his absent wife sitting by, with dishevelled hair, and clad in a mourning robe; which some people fancied was Fortune, who was about in this sad apparel to take her leave of him.

19. After this, when he came forth in the morning, his brow was contracted, and his countenance somewhat melancholy; and when his horse was brought to him, it would not let him mount, but reared up its forefeet over the shoulders of the equerry who was holding it.

Valentinian, according to the usual bent of his savage temper, grew immoderately furious, and ordered the equerry's hand to be cut off, which had, he said, pushed him aside when mounting a horse he was used to: and the innocent youth would have perished under torture if Cerealis, the princ.i.p.al master of the horse, had not delayed the barbarous infliction at his own risk.

VI.

-- 1. After this event amba.s.sadors arrived from the Quadi, with humble supplications, entreating peace, and oblivion of the past: and that there might be no obstacle to their obtaining this, they promised to furnish a body of recruits, and some other things which would be of use to the Roman state.

2. And after they had been received, and had obtained permission to return with the grant of an armistice which they had solicited (but in truth, our want of supplies and the unfavourable season of the year prevented us from hara.s.sing them any longer), they were, by the influence of Equitius, who became security for their good behaviour, admitted into the council-chamber. When introduced they seemed quite overcome by fear, bowing down to the ground; and on being ordered to unfold their message, they urged all the customary pretences and excuses, confirming them by an oath; a.s.suring the council that whatever offence had been committed against any of our people, had not been done by the consent of the n.o.bles of the nation, but only by some foreign banditti who dwelt on the borders of the river; they added further, as a fact quite sufficient to establish the truth of their allegations, that the fortress which had been begun to be built both unjustly and unreasonably, had inflamed the savage temper of those rude men to a great pitch of ferocity.

3. By this speech the emperor was excited to most vehement wrath; and as he began to reply to it he grew more indignant, reproaching the whole nation in bitter language, as unmindful of kindness, and ungrateful. But after a time he became pacified, and inclined to a milder view of the case, when suddenly, as if he had been stricken from heaven, his breathing and his voice ceased, and his countenance appeared bloodshot, and in a moment the blood burst forth, and a deadly sweat broke forth over his whole body; and to save him from falling down in the sight of a number of low-born persons, he was led by his servants into one of the private chambers in the interior of the palace.

4. When he was placed on his bed, breathing with difficulty, though the vigour of his intellect was not as yet at all diminished, he recognized those who stood around, having been collected by the chamberlains with great prompt.i.tude, to prevent any of them being suspected of having murdered him. And as on account of the fever which was racking his bowels it was necessary to open a vein, yet no surgeon could be found, because he had dispersed them all over different districts to cure the soldiers among whom a dangerous pestilence was raging.

5. At last, however, one was procured; but though he punctured a vein over and over again, he could not produce a single drop of blood, while all the time his bowels were burning with the intensity of his fever; or (as some fancied) because his limbs were wholly dried up in consequence of some of the pa.s.sages, which we now call haemorrhoidal, were closed up and crusted over through the severity of the cold.

6. The emperor, from the exceeding violence of his agony, felt that the moment of his death was at hand; and attempted to say something, and to give some orders, as was indicated by a sobbing, which shook his whole frame, a gnas.h.i.+ng of the teeth, and a series of violent gestures with his arms, resembling those of boxers with the caestus: at last he became exhausted, and covered all over with livid spots, and after a severe struggle he expired, in the fifty-fifth year of his age, having reigned twelve years all but a hundred days.

VII.

-- 1. This is a seasonable opportunity to do as we have often done before, namely, to retrace from the original appearance of the father of this emperor down to the time of his own death, all his actions, just touching on them cursorily with a brief mention, not omitting to distinguish between his vices and his virtues, both of which his lofty position held up to the world; being a condition which naturally reveals the inward disposition of every man.

2. The elder Gratian was born at Cibalae, a town of Pannonia, of a mean family; and from his childhood he received the surname of Funarius, because, while still very young, while he was carrying about a rope (funem) for sale, he resisted the attempt of five soldiers who laboured with all their might to take it from him: thus rivalling Milo of Crotona, from whom no amount of strength could ever wrest an apple, whether he held it in his right or his left hand.

3. Therefore, on account of his exceeding personal strength, and his skill in wrestling after the military fas.h.i.+on, he became well known to many persons, was promoted to the rank of an officer of the guard, then to the post of tribune: after this he was made count, and sent to command the forces in Africa: but there he was suspected of theft; and having quitted that province, he was some time afterwards sent to command the army in Britain, with the same authority which he had enjoyed in Africa. At length he received an honourable discharge from military service, and returned home; and while living there in quiet, he suddenly had all his property confiscated by Constantius, on the ground that, when the civil discord was at its height, he was said to have received Magnentius as a guest when pa.s.sing through his land to carry his designs into execution.

4. The merits of Gratian brought Valentinian into notice from his early youth; and, indeed, he was further aided by his own eminent qualities; so that he received the ornaments of the imperial majesty at Nicaea; when he also made his brother Valens his colleague, as one bound to him not only by his relations.h.i.+p as a brother, but also by the most perfect agreement--Valens, as we shall show at a suitable time, being made up almost equally of vices and of virtues.

5. Therefore Valentinian, after having experienced many dangers and much distress as a private individual, as soon as he began to reign went to visit the towns and cities which were situated on the rivers; and repaired to Gaul, which was exposed to the inroads of the Allemanni, who had begun to recover their courage and to rea.s.sume an imposing att.i.tude since they had heard of the death of the Emperor Julian--the only prince whom they had feared since the time of Constans.

6. And Valentinian was deservedly dreaded by them because he took care to keep up the numbers of his army by strong reinforcements, and because also he fortified both banks of the Rhine with lofty fortresses and castles, to prevent the enemy from ever pa.s.sing over into our territory without being perceived.

7. We may pa.s.s over many circ.u.mstances, and many acts which he performed with the authority of an emperor whose power was fully established, and many of the reforms which he either effected himself, or caused to be carried out by his vigorous lieutenants. But we must record how, after he had raised his son Gratian to a partners.h.i.+p in the imperial authority, he contrived the secret murder of Vithigabius, the king of the Allemanni, and the son of Vadomarius, a young man in the flower of youth, who was actively stirring up the surrounding nations to tumults and wars; doing this because he found it impossible to procure his death openly. How also he fought a battle against the Allemanni near Solicinium, where he was nearly circ.u.mvented and slain by the manoeuvres of the enemy; but where at last he utterly destroyed their whole army with the exception of a few who saved themselves by the aid of the darkness which a.s.sisted the rapidity of their flight.