Res Gestae

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 adviser[*](For consiliarius = minister, cf. Suet., Tib. 55; Claud. 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 consulted[*](368 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.

When the deputation had been admitted to the council-chamber and had presented their request, Valentinian said that he had never made such a decree, and cried out that he was the victim of calumny. But the quaestor Eupraxius[*](Cf. xxvii. 6, 14.) mildly contradicted him, and through his freedom of speech the cruel order, which surpassed all examples of harshness, was rescinded.

At about that same time Lollianus, a youth just growing his first beard, son of the ex-prefect Lampadius,[*](Cf. xxvii. 3, 5.) as the result of a strict examination by Maximinus, was convicted of having written a book on destructive magic arts, when adult age had not yet endowed him with sound judgment. And when it was feared that he would be exiled, by his father’s advice he appealed to the emperor and was ordered to be taken to his court; but he went from the smoke (as the saying is)[*](Cf. from the frying-pan into the fire and xiv. 11, 12.) into the fire; for he was handed over to Phalangius, consular governor

Besides these also Tarracius Bassus, afterwards prefect of the city,[*](In 390.) his brother Camenius, a certain Marcianus, and Eusaphius, all men of senatorial rank, were brought to trial on the ground that they were said to be making much of the charioteer[*](For the bad repute of charioteers cf. 4, 25, below; xxvi. 3, 3.) Auchenius, and were his accomplices in the use of poisons; but because the evidence was even then doubtful, they were acquitted, as widespread rumour declared, through the influence of Victorinus, who was the closest friend of Maximinus.

Not even women were more immune from similar calamities. For many of high birth belonging to this sex too were charged with the disgrace of adultery or of fornication, and put to death. Conspicuous among these were Charitas and Flaviana, of whom the latter, when she was led to death, was stripped of the clothing which she wore, being allowed not even to keep sufficient covering for the secret parts of her body. But for that reason the executioner was convicted of having committed a monstrous crime, and was burned alive.

Nay more, two senators, Paphius and Cornelius, both of whom confessed to having disgraced themselves by the wicked practices of poisons, by the sentence of the same Maximinus were put to death. Even the head of the mint[*](Called monetae praepositus, xxii. 11, 9.) perished by a like fate. But Sericus and Asbolius, mentioned above,[*](See 1, 8.) because when he urged them to name indiscriminately such accomplices as they wished, he had declared on oath that he would order no

It is, I think, fitting now to set forth the cause which drove Aginatius headlong to death, a man of noble descent from his early ancestors, as persistent report declared; for as to this there is no trustworthy documentary evidence.

Maximinus, breathing blasts of arrogance, while he was still prefect of the grain supply, and finding no slight incentives to his audacity, went so far as to insult Probus,[*](Cf. xxxvii. 11, 1.) the most distinguished man among all the highest officials, and governing several provinces with the rank of praetorian prefect.

Aginatius, filled with indignation at this, and resentful because Maximinus, in conducting examinations, was preferred to him by Olybrius, although he himself was vice-prefect of Rome, secretly informed Probus in a confidential communication[*](I.e., by letter, see § 33.) that the worthless man, one who quarrelled with high merits, could easily be brought low, if Probus decided that it should be done.

This letter Probus, as some maintained, without the knowledge of anyone except the bearer,[*](For this meaning of baiuihs, cf. xv. 5, 10.) sent to Maximinus, fearing him as a man already very highly trained in wickedness and in favour with the emperor. On reading the letter that savage man fell into such a blaze of anger, that from then on he set all devices in motion against Aginatius, after the manner of a serpent crushed by a wound from some unknown person.

There was added to this another more powerful impulse to treacherous attacks, which ruined the said Aginatius. For he

The woman, fearful of these troubles, and wishing to protect herself by the help of Maximinus, pretended that her husband in a will which he had made shortly before his death had left him 3000 pounds of silver. Maximinus then, enflamed with excessive greed—for he was not free from that vice also—demanded half of her inheritance. But by no means content even with this, which he thought too little, he devised another plan, honourable and safe (as he thought), and in order not to lose the opportunity which was offered him for profiting from rich estate, he asked for the hand of the step-daughter of Victorinus (Anepsia’s own child) for his son; and this was quickly secured with the woman’s consent.

Through these and other equally lamentable crimes, which were a blot on the fair aspect of the Eternal City, this man, to be named only with groans, made his violent way over the ruins of many fortunes, passing beyond the limits afforded by the courts. For he is said to have had a cord hanging from a secluded window of his palace, the lower end of which could pick up certain seemingly incriminating charges, supported, it is true, by no evidence, but nevertheless likely to injure many innocent persons.[*](The text is very uncertain, and probably corrupt; see the crit. note. The general meaning is clear.) And sometimes he ordered Mucianus and Barbarus, his attendants, who were most skilled in deception, severally to be cast out of his house.

These two then, as if bewailing the fate by which they pretended to be overwhelmed, exaggerated the cruelty of the judge and often repeated the assertion that the accused had no other means of saving their lives than by charging men of high rank with serious crimes; for they declared that by involving such men in the same accusations with themselves they could easily secure an acquittal.

Because of this, with a ruthlessness now passing all bounds, the hands of very many were bound in fetters, and men of noble birth were seen in mourning garb and in distress. And none of them could rightly be blamed, since very often when waiting upon him with bodies bent so as almost to touch the ground, they constantly heard that brigand with the heart of a wild beast shout that no one could be found innocent without his consent.

Such words, which accomplishment quickly followed, would surely have terrified men like Numa Pompilius, and a Cato. For, in fact, the business was conducted in such a way that some people could not even contemplate the ills of others with dry eyes, a thing which often happens in the many difficult trials of life.

Nevertheless, the iron-hearted judge, often as he deviated from law and justice, was endurable in what may be called one special thing. For at times he could be prevailed upon to show mercy to some; although this, we read in the following passage in Cicero,[*](Ad Quint. Frat. i. 1, 13, 39.) is almost a vice: For, he says, when anger is implacable, there is extreme severity; but if it yields to entreaties, the greatest inconstancy: yet the latter, as a choice of evils, is to be preferred to severity.