Res Gestae

However, in this affair Valentinian overstepped the usage established of old, in that he named his brother and his son, not Caesar, but Augustus, generously enough. For before that no one had appointed a colleague of equal power with himself except the emperor Marcus,[*](Marcus Aurelius. Titus is not an exception; see Trans. Amer. Phil. Assoc. xlv. (1914), pp. 43 f.) who made his adopted brother Verus his partner, but without any impairment of his own imperial majesty.

Scarcely had a few days passed since these affairs were settled according to the desire of the emperor and the soldiers,[*](At Amiens, Aug. 24, 367.) when Mamertinus, the praetorian prefect,[*](In Illyricum, Africa, and Italy; cf. xxvi. 5, 5.) on his return from Rome, to which he had gone to correct certain abuses, was charged with peculation[*](In 365.) by Avitianus, a former deputy governor.[*](In Africa.)

Therefore he was displaced by Vulcatius Rufinus, a man excellent in all respects, who seemed to be displaying the crown of an honoured old age,[*](Cf. Cic., DeSen. 17, 61, apexest autemsenectutis auctoritas. ) except that he never let slip a favourable opportunity for gain, if there was hope of concealment.

As soon as he gained the imperial ear, he brought it about that Orfitus, a former prefect of Rome, was freed from banishment,[*](Cf. 3, 2.) and, after restoration of his lost patrimony, was restored to his home.

Valentinian was known to be a cruel man, and although in the early part of his reign, in order to

Most conspicuous, however, at that time was the death (among the executions of other persons of low rank[*](Diocles was not a person of low rank; for this use of alius, which is fairly frequent in Ammianus, see xxiii. 3, 9, crit. note 5. The same is perhaps true of Diodorus.) ) of Diodes, former head of the state treasury in Illyricum, whom the emperor ordered to be burned to death because of some small offences; and also that of Diodorus, former state agent, and of three attendants of the deputy-governor of Italy; all these suffered cruel execution because the commanding general complained to the emperor that Diodorus had implored the aid of the law against him, as was his right,[*](I.e., as was the right of a citizen; cf. Apul., Metam. x. 6. civiliter, if it is the correct reading, gives the opinion of Ammianus, not of the accuser; see crit. note.) and that the officials,[*](The attendants of the deputy-governor.) by order of the judge, had ventured to summon him as he was going on a journey, to answer to the action according to law. The memory of these victims is still honoured by the Christians in Milan,[*](The seat of the deputy-governor of Italy.) who call the place where they are buried The Place of the Innocents.

Later, in the affair of a certain Maxentius of Pannonia, when the judge had rightly commanded a speedy execution, the emperor ordered the death of the decurions of three towns; but Eupraxius, who was then quaestor, intervened, saying: Act more mercifully, most dutiful emperor, for these men whom you order to be put to death as criminals the Christian religion will honour as martyrs (that is to say, as beloved of God).[*](An incorrect definition of martyres, which is correctly defined by Ammianus in xxii. 11, 10; id est . . . acceptos is probably a gloss, as Valesius and Wagner thought.)

Eupraxius’ helpful self-confidence was imitated by the prefect Florentius[*](Praetorian prefect in Gaul.) when he heard that, because of some pardonable offence, the emperor had flown into a passion and ordered the execution likewise of three decurions in each of a number of cities; for he said: What is to be done, then, if any town does not have so many decurions?[*](For the reluctance of citizens to serve as decurions see xxii. 9, 8, note 5.) To the rest this also should be added,[*](I.e., this provision should be added to the law; suspendi seems to mean posted (hung up), cf. legem figere. ) that they shall be killed, when the town has them.

To this ruthlessness was added another thing, dreadful to do or even to tell of, namely, that if anyone came before him to avoid being tried before some powerful enemy, and asked that another judge be assigned him, the request was denied and the man was sent back to the person whom he feared, however many just reasons for the change he might present. Still another horrible thing was talked about; for when he learned that any debtor[*](To the fiscus.) could pay nothing because of the pressure of want, the emperor ruled that he ought to be put to death.[*](This was in accordance with a law of the XII Tables, which was nominally rescinded by the Lex Poetelia of 326 B.C. or later.)

That some princes commit these and similar arbitrary acts with lofty arrogance is because they do not allow their friends the opportunity of dissuading them from unjust designs or deeds, and that because of their great power they make their enemies afraid to speak. No correction is possible of the perverse actions of those who believe that what they desire to do must be the highest virtue.[*](For other examples of Valentinian’s cruelty see xxix. 8, 2 ff.)