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affair. And, as he soon received from him a true account of all that had taken place, he prepared to repair thither himself with all speed, in order to overwhelm with the first crash of his arms (such was his idea) the barbarians who had dared to pollute our frontier.

3. But, because, as it was now the end of autumn, there were many serious difficulties in the way, all the nobles in the palace pressed him earnestly to allow the time between that and the beginning of spring to be spent in embassies and conferences. Reminding him, in the first place, that the roads were all impassable through frost-that it was impossible to find herbage to feed the cattle, or anything else that would be useful. In the next place, they dwelt on the ferocity of the chieftains who lay nearest to Gaul, and especially of Macrianus whom they greatly dreaded, as it was quite certain that he was no friend to us, and was inclined to attack even the fortified cities.

4. By recapitulating these arguments, and adding others of great weight, they brought the emperor to adopt a wiser plan; and immediately (as was best for the commonwealth) King Macrianus was invited in courteous terms to come to Mayence; and the event proved that he also was well inclined to make a treaty. When he arrived, however, it was marvellous how proud and arrogant he was, as if he were to be the supreme arbiter of the peace. And on a day appointed for a conference he came, carrying himself very loftily, to the very brink of the Rhine, and escorted by a number of his countrymen, who made a great clang with their shields.

5. On the other hand, the emperor, having embarked in a boat, such as is used on that river, and likewise es corted by a strong force, came with great confidence up to the eastern bank, being conspicuous through the brilliancy of his glittering standards; and when the frantic gestures and murmurs of the barbarians had been quieted, a long discussion took place on both sides, and at last a firm friendship was agreed on, and ratified with an oath.

6. When this was over, the king, who had been the cause of all these troubles, retired, quite pacified, and destined to prove an ally to us for the future; indeed, he afterwards, to the very end of his life, gave proof of

A.D. 374.]

MODESTUS PREFECT OF THE PRÆTORIUM.

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his constancy and resolution to preserve his agreement with us, by many noble and gallant actions.

7. But subsequently he died in the country of the Franks, which he had invaded and ravaged in a most destructive manner, till at last he was cut off by the manœuvres of Mellobaudes, the warlike king of that nation, and slain. After the treaty had thus been solemnly ratified, Valentinian retired into winter quarters, at Treves.

IV.

§ 1. THESE were the events which took place in Gaul and the northern countries. But in the east, while all our foreign affairs were quiet, great domestic evils were increasing in consequence of the conduct of the friends and relations of Valens, who had more regard to expediency than honesty; for they laboured with the utmost diligence to bring about the recall from his post a judge of rigid probity, who was fond of deciding lawsuits equitably, out of a fear lest, as in the times of Julian, when Innocence was allowed a fair opportunity of defending itself, the pride of the powerful nobles, which was accustomed to roam at large with unrestrained licence, might again be broken down.

2. With these and similar objects a great number of persons conspired together, being led by Modestus, the prefect of the prætorium, who was a complete slave to the wishes of the emperor's eunuchs, and who, under a specious countenance, concealed a rough disposition which had never been polished by any study of ancient virtue or literature, and who was continually asserting that to look into the minute details of private actions was beneath the dignity of the emperor. He thinking, as he said, that the examination of such matters had been imposed on the nobles to lower their dignity, abstained from all such matters himself, and opened the doors to plunder; which doors are now daily more and more opened by the depravity of the judges and advocates, who are all of the same mind, and who sell the interests of the poor to the military commanders, or the persons of influence within

the palace, by which conduct they themselves have gained riches and high rank.

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3. This profession of forensic oratory the wisdom of Plato defines to be πολιτικῆς μορίου εἴδωλον, “ the shadow of a fraction of the art of government," or a fourth part of the art of flattery. But Epicurus calls it κακοτεχνία, reckoning it among the wicked arts. Tisias, who has Gorgias of Leontinum on his side, calls the orator an artist of persuasion.

4. And while such has been the opinion formed of this art by the ancients, the craft of some of the Eastern people has put it forward so as to make it an object of hatred to good men, on which account an orator it is sometimes restricted to a limited time for speaking. Therefore, after saying a few words about its unworthy character, as I found by experience while in those countries, I will return to my original subject.

As De

5. The tribunals, in former times, when good taste prevailed, were greatly adorned by our advocates, when orators of spirited eloquence-laborious and accomplished scholars-shone pre-eminent in genius, honesty, fluency, and every kind of embellishment of language. mosthenes, who, as we learn from the Athenian records, whenever he was going to speak, drew together a vast concourse of people from the whole of Greece, who assembled for the sake of hearing him; and Callistratus, who, when summing up his noble pleading on the subject of Oropus in Euboea, produced such an impression that that same Demosthenes quitted the academy, at the time when Plato was at its head, to become his follower. And Hyperides, and Eschines, and Andocides, and Dinarchus, and Antiphon the Rhamnusian, who is the first man spoken of in ancient history as having received a fee for pleading a cause.

6. And similarly among the Romans, the Rutilii, and Galbæ, and Scauri, men of eminent reputation for purity of life and manners, and for frugality; and in the succeeding generations, many men of censorian and consular rank, and even many who had celebrated triumphs, such

As at Athens, where the orators were only allowed to speak as long as an hour-glass, filled with water, was running down,

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ROMAN LAWYERS CHARACTERIZED.

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as the Crassi, the Antonii, the Philippi, the Scævolæ, and numbers of others, after having commanded armies with glory, gained victories, and raised trophies, became eminent also for their civil services to the State, and won fresh laurels by their noble contests at the bar, thus reaping the highest honour and glory.

7. And after them Cicero, the most excellent of them all who repeatedly saved many who were in distress from the scorching flames of judgment by the stream of his imperious eloquence, used to affirm "that if men could not be defended without their advocate incurring blame, they certainly could not be carelessly defended without his being guilty of crime."

8. But now throughout all the regions of the East one may see the most violent and rapacious classes of men hovering about the courts of law, and besieging the houses of the rich like Spartan or Cretan hounds, cunningly pursuing different traces, in order to create the occasion of a lawsuit.

And in

9. Of these the chief is that tribe of men who, sowing every variety of strife and contest in thousands of actions, wear out the doorposts of widows and the thresholds of orphans, and create bitter hatred among friends, relations, or connections, who have any disagreement, if they can only find the least pretext for a quarrel. these men, the progress of age does not cool their vices as it does those of others, but only hardens and strengthens them. And amid all their plunder they are insatiable and yet poor, whetting the edge of their genius in order by their crafty orations to catch the ear of the judges, though the very title of those magistrates is derived from the name of Justice.

10. In the pertinacity of these men rashness assumes the disguise of freedom-headlong audacity seeks to be taken for constancy, and an empty fluency of language usurps the name of eloquence-by which perverse arts, as Cicero tells us, it is a shame for the holy gravity of a judge to be deceived. For he says, "And as nothing in a republic ought to be so incorruptible as a suffrage or a sentence, I do not understand why the man who corrupts such things with money is to be esteemed worthy of punishment, while he who perverts them by eloquence receives

commendation. In fact, the latter appears to me to do the most harm, it being worse to corrupt a judge by a speech than by a bribe, inasmuch as no one can corrupt a wise man with a bribe, though it is possible that he may with eloquence.

11. There is a second class of those men who, professing the science of the law, especially the interpretation of conflicting and obsolete statutes, as if they had a bridle placed in their mouths, keep a resolute silence, in which they rather resemble their shadows than themselves. These, like those men who cast nativities or interpret the oracles of the sibyl, compose their countenances to a sort of gravity, and then make money of their supine drowsi

ness.

12. And that they may appear to have a more profound knowledge of the laws, they speak of Trebatius,' and Cascellius, and Alfenus, and of the laws of the Aurunci and Sicani, which have long become obsolete, and have been buried ages ago with the mother of Evander. And if you should pretend to have deliberately murdered your mother, they will promise you that there are many cases recorded in abstruse works which will secure your acquittal, if you are rich enough to pay for it.

13. There is a third class of these men, who, to arrive at distinction in a turbulent profession, sharpen their mercenary mouths to mystify the truth, and by prostituting their countenances and their vile barking, work their way with the public. These men, whenever the judge is embarrassed and perplexed, entangle the matter before him with further difficulties, and take pains to prevent any arrangement, carefully involving every suit in knotty subtleties. When these courts, however, go on rightly, they are temples of equity; but when they are perverted they are hidden and treacherous pitfalls, and if any person falls into them, he will not escape till after many years have elapsed, and till he himself has been sucked dry to his very marrow.

14. There is a fourth and last class, impudent, saucy, and ignorant, consisting of those men who, having left

All these men are spoken of by Horace as distinguished lawyers in his time.

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