A. 374.] ROMAN LAWYERS CHARACTERIZED. 557 school too early, run about the corners of cities, giving more time to farces than to the study of actions and defences, wearing out the doors of the rich, aud hunting for the luxuries of banquets and rich food. 15. And when they have given themselves up to gains, and to the task of hunting for money by every means, they incite men, on any small pretence what ever, to go to law; and if they are permitted to defend a cause, which but seldom happens, it is not till they are before the judge, while the pleadings are being recited, that they begin to inquire into the cause of the client, or even into his name; and then they so overflow with a heap of unarranged phrases and circumlocutions, that from the noise and jabber of the vile medley you would fancy you were listening to Thersites. 16. But when it happens that they have no single allegation they can establish, they then resort to an unbridled licence of abuse; for which conduct they are continually brought to trial themselves, and convicted, when they have poured ceaseless abuse upon people of honour; and some of these men are so ignorant that they do not appear ever to have read any books. 17. And if in a company of learned men the name of any ancient author is ever mentioned, they fancy it to be some foreign name of a fish or other eatable. And if any stranger asks (we will say) for Marcianus, as one with whom he is as yet unacquainted, they all at once pretend that their name is Marcianus. 18. Nor do they pay the slightest attention to what is right; but as if they had been sold to and become the property of Avarice, they know nothing but a boundless licence in asking. And if they catch any one in their toils, they entangle him in a thousand meshes, pretending sickness by way of protracting the consultations. And to produce an useless recital of some well-known law, they prepare seven costly methods of introducing it, thus weaving infinite complications and delays. 19. And when at last days and months and years have 'been passed in these proceedings, and the parties to the suit are exhausted, and the whole matter in dispute is worn out with age, then these men, as if they were the very heads of their profession, often introduce sham advocates along with themselves. And when they have arrived within the bar, and the fortune or safety of some one is at stake, and they ought to labour to ward off the sword of the executioner from some innocent man, or calamity and ruin, then, with wrinkled brows, and arms hrown about with actor-like gestures, so that they want nothing but the flute of Gracchus at their back,' then they keep silence for some time on both sides; and at last, after a scene of premeditated collusion, some plausible preamble is pronounced by that one of them who is most confident in his power of speaking, and who promises an oration which shall rival the beauties of the oration for Cluentius or for Ctesiphon. And then, when all are eager for him to make an end, he concludes his preamble with a statement that the chief advocates have as yet only had three years since the commencement of the suit to prepare themselves to conduct it; and so obtains an adjournment, as if they had to wrestle with the ancient Antæus, while still they resolutely demand the pay due for their arduous labours. 20. And yet, in spite of all these things, advocates are not without some inconveniences, which are hard to be endured by one who would live uprightly. For being allured by small gains, they quarrel bitterly among themselves, and offend numbers by the insane ferocity of their evil speaking, which they pour forth when they are unable to maintain the weakness of the case intrusted to them by any sound reasoning. 21. And sometimes the judges prefer persons who have been instructed in the quibbles of Philistion or sop, to those who come from the school of Aristides the Just, or of Cato-men who, having bought public offices for large sums of money, proceed like troublesome creditors to hunt out every one's fortune, and so shake booty for themselves out of the laps of others. 22. Finally, the profession of a lawyer, besides other things, has in it this, which is most especially formidable and serious (and this quality is almost innate in all liti 1 See Cicero, de Oratore iii. 60. The Speech of Cicero pro Cœlio Cluentio. The celebrated speech of Demosthenes, more usually known as that of De Coronâ. : A.D. 375.] VALENTINIAN AND THE SARMATIANS. 559 gants), namely that when, through one or other out of å thousand accidents, they have lost their action, they fancy that everything which turned out wrong was owing to the conduct of their counsel, and they usually attribute the loss of every suit to him, and are angry, not with the weakness of their case or (as they often might be) with the partiality of the judge, but only with their advocate. Let us now return to the affairs from which we have thus digressed. √. A.D. 375. § 1. AT the beginning of the spring Valentinian quitted Treves, and proceeded by rapid marches along the usual high roads. And as he approached the districts to which he was hastening, he was met by ambassadors from the Sarmatians, who threw themselves at his feet, and, with prayers, breathing no wish but for peace, entreated him to be favourable and merciful to them, assuring him that he would not find any of their countrymen implicated in or privy to any evil action. 2. And when they had frequently repeated this assertion, he, after careful deliberation, made answer to them, that these matters must be diligently inquired into by an accurate investigation in the district where they were said to have happened, and if they had happened, then they must be punished. After this, when he had reached Carnuntum, a city of the Illyrians, now indeed in a desolate and ruinous state, but still very convenient for the general of an army, he from thence sallied out whenever either chance or skill afforded him an opportunity; and by the possession of this post in their neighbourhood, he checked the inroads of the barbarians. 3. And although he alarmed all people in that district, since it was expected that, as a man of active and impetuous feelings, he would speedily command the judges to be condemned through whose perfidy or desertion the empire had been left undefended on the side of the Pannonians, yet when he did arrive he was so lukewarm in the business that he neither inquired into the death of the king Gabricius, nor did he make any accurate investigation into the calamities which the republic had sustained, with a view to learning through whose misconduct or negligence these events had taken place; so that in fact, in proportion as he was severe in punishing his common soldiers, he was remiss in correcting (even by harsh words) those of higher rank. 4. The only person whom he pursued with any especial hatred was Probus; whom from the first moment that he saw him he never ceased to threaten, and to whom he never softened; and the causes of this animosity against him were not obscure nor trivial. When Probus first obtained the rank of prefect of the prætorium, the power of which he was continually labouring to extend by all kinds of means (I wish I could say by all lawful means), he forgot the lessons which he might have learnt from his illustrious descent, and devoted himself more to flattery than to modesty. 5. For reflecting on the resolution of the emperor, who considered nothing but how he might amass money from all quarters, without any distinction between just and unjust actions; he never attempted to lead back the misguided prince into the path of equity, as mild and wise rulers often have done; but rather followed his lead through all his winding and tortuous paths. 6. And to this conduct were owing the heavy dis tresses which afflicted the emperor's subjects; the ruinous titles, privileges, and exemptions, which alike ate up the fortunes of poor and rich; under different pretexts which were produced, each more powerful than the other, as the fruit of a long experience in injuring. Lastly the burdens of all tributes and taxes were augmented in a manifold degree; and drove some of the highest nobles from fear of the worst to emigrate from their homes; some also after being drained to the utmost by the cruelty of the revenue officers, as they really had nothing more to give, were thrown into prison, of which they became permanent inmates. And some, becoming weary of life and light, sought a release from their miseries by hanging them selves. 7. Unvarying report made known the treacherous and inhuman character of these transactions; but Valentinian, as if his ears had been stopped with wax, was ignorant of A.D. 374.] IPHICLES AN ENVOY FROM EPIRUS. 561 the report, being eager to acquire money indiscriminately, even from the most trivial sources, and thinking only of what was presented to him; though he would perhaps have spared the Pannonian provinces, if he had earlier known of these melancholy sources of gain with which he became acquainted when it was too late, owing to the following occurrence :— 8. Following the example of the inhabitants of other provinces, the people of Epirus were compelled by the prefect to send envoys to thank him, and a certain philosopher named Iphicles, a man of tried courage and magnanimity (who was very unwilling to undertake the commission), was elected to discharge that duty. 9. And when he saw the emperor, having been recognized by him and questioned as to the cause of his arrival, he answered in Greek; and, like a philosopher who professed himself a votary of truth, when the prince inquired more precisely, if those who had sent him did really think well of the prefect, he replied, that they had sent him against their will, and with bitter groans. 10. The emperor, stricken by this speech as by an arrow, now investigated his actions like a sagacious beast, inquiring of him, in his own language, about different persons whom he knew: for instance, where was this man or that man (mentioning some one of high reputation and honour, or some very rich man, or some other person well known as having filled some high office). And when he learnt that this man had been hanged, that that one had been banished beyond the seas, and that a third had killed himself or had expired under torture, he became furiously angry, while Leo, who was at that time master of the offices, added fuel to his passion-O shameful villany! Leo, it should be borne in mind, was at this very time secretly aiming at the prefecture; and had he obtained that office and authority, he would undoubtedly have governed with such audacity, that the administration of Probus would in comparison have been extolled as a model of justice and humanity. 11. So the emperor remained at Carnuntum; and during the three summer months he occupied himself uninterruptedly in preparing arms and magazines, in the hope |
