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because if such men were involved in such accusations, they themselves would easily procure an acquittal.

38. In this way, Maximin's implacable temper overwhelmed those yet in his power; numbers were thrown into prison, and persons of the highest rank were seen with anxious faces and in mourning attire. Nor ought any one of them to be blamed for bowing down to the ground in saluting this monster, when they heard him vociferating with the tone of a wild beast, that no one could ever be acquitted unless he choose.

39. For sayings like that, when instantly followed by their natural result, would have terrified even men like Numa, Pompilius, or Cato. In fact things went on in such a way that some persons never had their eyes dried of the tears caused by the misfortunes of others, as often happens in such unsettled and dangerous times.

40. And the iron-hearted judge, continually disregarding all law and justice, had but one thing about him which made him endurable; for sometimes he was prevailed upon by entreaties to spare some one, though this too is affirmed to be nearly a vice in the following passage of Cicero. "If anger be implacable, it is the extreme of severity; if it yield to entreaties, it is the extreme of levity; though in times of misfortune even levity is to be preferred to cruelty."

41. After these events, Leo arrived, and was received as his successor, and Maximin was summoned to the emperor's court and promoted to the office of prefect of the prætorium, where he was as cruel as ever, having indeed greater power of inflicting injury, like a basilisk serpent.

42. Just at this time, or not long before, the brooms with which the senate-house of the nobles was swept out were seen to flower, and this portended that some persons of the very lowest class would be raised to high rank and power.

43. Though it is now time to return to the course of our regular history, yet without neglecting the proper order of time, we must dwell on a few incidents, which through the iniquity of the deputy prefects of the city, were done most unjustly, being in fact done at the word and will of Maximin by those same officers, who seemed to look on themselves as the mere servants of his pleasure.

44. After him came Ursicinus, a man of a more merciful

A.D. 368.]

CRUELTY OF SIMPLICIUS.

477

disposition, who, wishing to act cautiously and in confor mity to the constitution, confronted a man named Esaias with some others who were in prison on a charge of adultery with Rufina; who had attempted to establish a charge of treason against Marcellus her husband, formerly in a situation of high trust. But this act led to his being despised as a dawdler, and a person little fit to carry out such designs with proper resolution, and so he was removed from his place of deputy.

His

45. He was succeeded by Simplicius of Emona, who had been a schoolmaster, but was now the assessor of Maximin. After receiving this appointment, he did not grow more proud or arrogant, but assumed a supercilious look, which gave a repulsive expression to his countenance. language was studiously moderate, while he meditated the most rigorous proceedings against many persons. first of all he put Rufina to death with all the partners of her adultery, and all who were privy to it, concerning whom Ursicinus, as we have related, had already made a report. Then he put numbers of others to death, without any distinction between the innocent and the guilty.

And

46. Running a race of bloodshed with Maximin, as if he had, as it were, been his leader, he sought to surpass him in destroying the noblest families, imitating Busiris and Antæus of old, and Phalaris, so that he seemed to want nothing but the bull of Agrigentum.

47. After these and other similar transactions had taken place, a certain matron named Hesychia, who was accused of having attempted some crime, becoming greatly alarmed, and being of a fierce and resolute disposition, killed herself in the house of the officer to whom she was given in custody, by muffling her face in a bed of feathers, and stopping up her nostrils and so becoming suffocated.

48. To all these calamities another of no less severity was added. For Eumenius and Abienus, two men of the highest class, having been accused, during Maximin's term of office, of adultery with Fausiana, a woman of rank, after the death of Victorinus, under whose protection they were safe, being alarmed at the arrival of Simplicius, who was as full of audacity and threats as Maximin, withdrew to some secret hiding place.

49. But after Fausiana had been condemned they were recorded among the accused, and were summoned by public edict to appear, but they only hid themselves the more carefully. And Abrenus was for a very long time concealed in the house of Anepsia. But as it continually happens that unexpected accidents come to aggravate the distresses of those who are already miserable, a slave of Anepsia named Apaudulus, being angry because his wife had been flogged, went by night to Simplicius, and gave information of the whole affair, and officers were sent to drag them both from their place of concealment.

50. The charge against Abrenus was strengthened by another charge which was brought against him, of having seduced Anepsia, and he was condemned to death. But Anepsia herself, to get some hope of saving her life by at least procuring the delay of her execution, affirmed that she had been assailed by unlawful arts, and had been ravished in the house of Aginatius.

51. Simplicius with loud indignation reported to the emperor all that had taken place, and as Maximin, who was now at court, hated Aginatius for the reason which we have already explained, and having his rage increased against him at the same time that his power was augmented, entreated with great urgency that he might be sentenced to death; and such a favour was readily granted to this furious and influential exciter of the emperor's severity.

52. Then fearing the exceeding unpopularity which would fall upon him if a man of patrician family should perish by the sentence of Simplicius, who was his new assessor and friend, he kept the imperial edict for the execution by him for a short time, wavering and doubting whom to pitch upon as a trusty and efficient perpetrator of so atrocious a deed.

53. At length, as like usually finds like, a certain Gaul of the name of Doryphorianus was discovered, a man daring even to madness; and as he promised to accomplish the matter in a short time, he obtained for him the post of deputy, and gave him the emperor's letter with an additional rescript; instructing the man, who though

A.D. 368.]

CONDUCT OF DORYPHORIANUS.

479

savage had no experience in such matters, how, if he used sufficient speed, he would meet with no obstacle to his slaying Aginatius; though, if there were any delay, he would be very likely to escape.

54. Doryphorianus, as he was commanded, hastened to Rome by rapid journeys; and while beginning to discharge the duties of his new office, he exerted great industry to discover how he could put a senator of eminent family to death without any assistance. And when he learnt that he had been some time before found in his own house where he was still kept in custody, he determined to have him brought before him as the chief of all the criminals, with Anepsia, in the middle of the night; an hour at which men's minds are especially apt to be bewildered by terror; as, among many other instances, the Ajax of Homer' shows us, when he expresses a wish rather to die by daylight, than to suffer the additional terrors of the night.

55. And as the judge, I should rather call him the infamous robber, intent only on the service he had promised to perform, carried everything to excess, having ordered Aginatius to be brought in, he also commanded the introduction of a troop of executioners; and while the chains rattled with a mournful sound, he tortured the slaves who were already exhausted by their long confinement, till they died, in order to extract from them matter affecting the life of their master; a proceeding which in a trial for adultery our merciful laws expressly forbids.

56. At last, when the tortures which were all but mortal had wrung some hints from the maid-servant, without any careful examination of the truth of her words, Aginatius was at once sentenced to be led to execution, and without being allowed to say a word in his defence, though with

See the Iliad, XVIII. 1. 645, where Ajax prays:

"Lord of earth and air,

O King! O Father, hear my humble prayer!
Dispel this cloud, the light of heaven restore;
Give me to see, and Ajax asks no more!
If Greece must perish, we thy will obey,
But let us perish in the face of day.'

POPE'S Trans., 1. 727, etc.

loud outcries he appealed to and invoked the names of the emperors, he was carried off and put to death, and Anepsia was executed by a similar sentence. The eternal city was filled with mourning for these executions which were perpetrated either by Maximin himself when he was present in the city, or by his emissaries when he was at a dis

tance.

57. But the avenging Furies of those who had been murdered were preparing retribution. For, as I will afterwards relate at the proper season, this same Maximin giving way to his intolerable pride when Gratian was emperor, was put to death by the sword of the executioner; and Simplicius also was beheaded in Illyricum. Doryphorianus too was condemned to death, and thrown into the Tullian prison, but was taken from thence by the emperor at his mother's suggestion, and when he was brought back to his own country was put to death with terrible torments. Let us now return to the point at which we left our history. Such, however, was the state of affairs in the city of Rome.

II.
A.D. 369.

§ 1. VALENTINIAN having several great and useful projects in his head, began to fortify the entire banks of the Rhine, from its beginning in the Tyrol to the straits of the ocean,' with vast works; raising lofty castles and fortresses, and a perfect range of towers in every suitable place, so as to protect the whole frontier of Gaul; and sometimes, by constructing works on the other side of the river, he almost trenched upon the territories of the enemy.

2. At last considering that one fortress, of which he himself had laid the very foundations, though sufficiently high and safe, yet, being built on the very edge of the river Neckar, was liable to be gradually undermined by the violent beating of its waters, he formed a plan to divert the river itself into another channel; and, having sought out some workmen who were skilful in such works

1 See Gibbon, vol. III. p. 97 (Bohn's edition).

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