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).

For that is desirable

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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.

But it will suffice, in place of many examples of the clemency that he showed in judicial processes, to set down this one, which is neither out of place nor ill-chosen. When a certain woman had been brought before the court, and contrary to her expectation saw that her accuser, who was one of the court servants that had been discharged, wore his girdle,[*](The sign either of military rank or of a position at court; the right to wear it was lost with the office.) she loudly complained at this act of insolence. Whereupon the emperor said: Go on with your charge, woman, if you think that you have been wronged in any way; for this man has thus girt himself in order to go through the mire the more easily[*](This seems to be a sarcastic reference to the muck-rakingthat would characterize the trial.) ; it can do little harm to your cause.

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And these and similar instances led to the belief, as he himself constantly affirmed, that the old goddess of Justice,[*](Astraea, who left the earth in the iron age; cf. Ovid, Metam. i. 150 f., Victa iacet pietas et virgo caede madentes Ultima caelestum terras Astraea reliquit. ) whom Aratus takes up to heaven[*](That is, was represented by Aratus, a Greek poet of Soli in Cilicia (circ. 276 B.C.), as leaving the earth; of. Aratus, 130, καὶ τότε μισήσασα δίκη κείνων γένος ἀνδρῶν ἔπταθ᾽ ὑπουρανίη: Cic., Arat. Phaen. 137 ff. (lines 1, 3 and 4 in the supplement of Grotius): Tune, mortale exosa genus, dea in alta volavitEt Iovis in regno caelique in parte resedit,Illustrem sortita locum, qua nocte serenaVirgo conspicuo fulget vicina Boötae. ) because she was displeased with the vices of mankind, had returned to earth during his reign, were it not that sometimes Julian followed his own inclination rather than the demands of the laws, and by occasionally erring clouded the many glories of his career.

For after many other things, he also corrected some of the laws, removing ambiguities, so that they showed clearly what they demanded or forbade to be done. But this one thing was inhumane, and ought to be buried in eternal silence, namely, that he forbade teachers of rhetoric and literature to practise their profession, if they were followers of the Christian religion.

At about that same time, that notorious state- secretary Gaudentius, who (as I said before)[*](See xxi. 7, 2.) had been sent to Africa by Constantius to oppose Julian there, and also Julianus, a former vice-governor, an intemperate partisan of the same faction, were brought back in chains and punished with death.

Then, too, Artemius, sometime military commander in Egypt,[*](xvii. 11, 5.) since the Alexandrians heaped upon him a mass of atrocious charges, suffered capital

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punishment. After him the son of Marcellus, at one time commander of the cavalry and infantry,[*](xvi. 2, 7, 8.) was publicly executed, on the ground that he had aspired to the throne. Finally, even Romanus and Vincentius, tribunes of the first and the second corps of the targeteers, were convicted of designs beyond their powers and exiled.[*](They were followers of the banished Athanasius, xv. 7, 7 and 10.)

Hardly had a brief time elapsed, when the Alexandrians, on learning of the death of Artemius, whom they dreaded, for fear that he would return with his power restored (for so he had threatened) and do harm to many for the wrong that he had suffered, turned their wrath against the bishop Georgius, who had often, so to speak, made them feel his poisonous fangs.