Res Gestae

And they no longer have before their eyes any right, but as if sold to and enslaved by avarice, they understand nothing except endless licence in making demands. And if once they have caught anyone in their nets, they entangle him in a thousand toils, purposely defaulting by pretending sicknesses one after another; and they prepare seven plausible preambles in order that the useless reading of well-known law may be introduced, thus weaving swarms[*](A favourite word of Ammianus, used literally in xviii. 3, 1; figuratively in xvi. 12, 11; xx. 7, 15; xxi. 5, 4. Wagner takes examina here in the sense of investigations (examina: a stateris ducta metaphora).) of long delays.

And when the contending parties are stripped of everything, and days, months and years are used up, at last the case, now worn out with age, is introduced, and those brilliant principals[*](The heads of the knighthood (ordo splendidus); cf. xxiii. 6, 83, nobilitas omnis et splendor. ) come forth, bringing with them other shadows of advocates. And when theyhave come within the barriers[*](= fori cancelli; cf. Cic., Sest. 58, 124, tantus est ex omnibus spectaculis usque a Capitolio, tantus ex fori cancellis plausus excitatus. ) of the court, and the fortunes or safety of some one begins to be discussed, and they ought to work to turn the sword or ruinous loss from an innocent person, the advocates on both sides wrinkling their brows and waving their arms in semblance of the gestures of actors (so that they lack only the oratorical pipe[*](See Cic., De Orat. iii. 60, 225; Plut., Tib. Gracch. 2, 4–5; Gaius Gracchus is said to have had a player on a pipe stationed behind him, when he made a speech, to regulate the force of his delivery; Val. Max. viii. 10, 1; Quint. i. 10, 27; Gell. i. 11, 10 ff.) of Gracchus behind them) stand for a long time opposite each other. At last, in accordance with a prearranged agreement, the one who is more confident in speech utters a kind of a sweet prologue, promising to emulate the ornamental language of

But yet, in spite of this, advocates suffer many inconveniences, not easy to be endured by a man who would live rightly. For, allured by the profits of their sedentary[*](With the underlying sense of base, contemptible. ) trade, they differ among themselves and become enemies, and they offend many by their outbursts of abusive ferocity (as has been said), which they blab out in a torrent when they have no arguments strong enough to fortify the weakness of the cases which have been entrusted to them.

And they have to deal with judges who sometimes are taught by the sophisms of Philistion or Aesopus,[*](Lindenbrog thought Aesopus was the famous tragic actor, but that seems doubtful because of the connection; cf. xxvi. 6, 15, mimicam cavillationem; Solinus, ch. x. (on Sicily). Valesius took him to be the celebrated writer of fables; Wagner believed that both Philistion and Aesopus were writers of mimes contemporary with Cicero.) rather than reared in the discipline of your Aristides the Just or Cato. Such men, having bought public office for large sums of money, like tiresome creditors prying into the resources of every kind of fortune, shake out booty from other men’s bosoms.

Finally, the profession of advocate has, with the rest, this serious and dangerous evil, which is native to almost all litigants, that although their cases may be lost by a thousand accidents, they

When spring was already ripening,[*](Ammianus takes up his narrative from the end375 A.D. of chapter 3.) Valentinian moved from Trier and hastened by quick marches along the familiar roads; and when he came to the regions for which he was aiming, he was met by a deputation of the Sarmatians,[*](Cf. xxvi. 4, 5; xxix. 6, 15.) who threw themselves at his feet and begged in peaceful terms that his visit might be favourable and merciful to them, since he would find that their countrymen were neither participants in, nor aware of, any outrage.