To add to his calamity, this also had happened at that same time, which was not less fatal. The soothsayer Amantius, at that time especially notorious, was betrayed on secret evidence of having been employed by the said Hymetius, for the purpose of committing certain criminal acts, to perform a sacrifice; but when brought to trial, although he stood bent double upon the rack,Tortured until he was permanently disfigured. For sub eculeo see xxvi. 10, 13, note. he denied it with obstinate insistence.

Upon his denial, his secret papers were brought from his house and a memorandum in the handwriting of Hymetius was found, begging him that by carrying out a solemn sacrifice he should prevail upon the deity to make the emperorsValentinian and Gratian. milder towards him; and at the end of the document were read some reproaches of Valentinian as avaricious and cruel.

When the emperor learned this from the report of the judges, who gave what had been done a harsh interpretation, he issued orders that the affair should be investigated with excessive strictness. And since Frontinus, an adviserFor consiliarius = minister, cf. Suet., 55; 12, 2. He was one of the governor’s assistants, appointed to aid him in making judicial decisions, and corresponding to the members of the emperor’s consistorium; see Index II, Vol. I, s.v. consiliarius. of the said Hymetius, was charged with having drawn up the form of prayer that was made, he was mangled with rods, and having confessed his guilt, was exiled to Britain; but Amantius was later found guilty of a capital crime and executed.

After this course of events Hymetius was taken to the town of Ocriculum,Modern Otricoli. to be heard by Ampelius, prefect of the city,He was city prefect in 371 and 372. Ammianus includes the whole time of the investigation. and Maximinus, the deputy-prefect; and when it was evident that he would immediately be condemned to death, he boldly appealed to the emperor’s protection, when the opportunity was given him, and, defended under the refuge of that name, saved his life.

When the emperor was consulted368 ff. A.D. about this matter, he referred the business to the senate. And when they had weighed the case in the scales of justice and learned the truth and had exiled the accused to Boae,An island on the Dalmatian Coast. a place in Dalmatia, they could hardly bear the wrath of the emperor, who was greatly incensed on learning that a man whom he had intended to be condemned to death had been punished with a milder sentence.

On account of this occurrence and many others of the same kind, the fate which was seen to overtake a few persons began to be feared by all. And lest, by so many evils that were ignored, and gradually creeping on, the mass of troubles should be increased, by resolution of the nobles envoys were sent to the emperor. These were Praetextatus,Cf. xxvii. 9, 8. former prefect of the city, Venustus, a one-time deputy-prefect,Cf. xxiii. 1, 4. and Minervius, who had been a consular governor. They were to ask that punishments should be inflicted that were not too severe for the offences,The punishment should fit the crime. According to Capitolinus, 24, 1, Marcus Aurelius punished all offences with a milder penalty than the laws allowed. and that no senator should, in a fashion neither practised nor permitted, be subjected to torture.