The Roman historie containing such acts and occurrents as passed under Constantius, Iulianus, Iovianus, Valentinianus, and Valens, emperours. Digested into 18. bookes, the remains of 31. and written first in Latine by Ammianus Marcellinus: now translated newly into English. Wherunto is annexed the chronologie, serving in stead of a briefe supplement of those former 13. bookes, which by the iniurie of time are lost: together with compendious annotations and coniectures upon such hard places as occurre in the said historie. Done by Philemon Holland of the citie of Coventrie, Doctor in Physicke.

CHAP. V. The lament able plight of the East Provinces under Valens deceived by his Courtiers, and making much of these frapling Lawyers and petie-foggers. Whereunto is set in opposition the felicitie of former ages.

BVt in the East parts (whiles all was husht and quiet abroad) an in∣ward mischiefe increased, by meanes of the friends and favou∣rites of Valens, with whom profit was of more reckoning than honestie. For, great care and diligence was employed, that the man of a rigorous disposition, and desirous to heare causes and controversies pleaded, should be reclaimed from all desire of de∣ciding and judging them, least as in Iulians dayes, while innocencie gat a breathing time by lawfull defence, the swelling pride of mightie persons should be abated, which by taking of libertie was woont to breake out and raunge at will abroad. For these and such like respects, when as with one consent and accord many de∣horted him, and especially Modestus Prefect of the Pretorium (a man wholly made and squared to the pleasure of the Princes Eunuchs, and one with a forced countenance deceiving his rude and rusticall nature not polished with reading of any antiquitie) bearing him also in hand, that these small and trifling privat cau∣ses were farre inferiour to his Imperiall dignitie, he supposing (as he said) that the examination and hearing of causes was a device to take downe and humble the highnesse of his Majestie, forbare wholly to sit in judgement, and so did set open the doores of pilling and extortion, which grew strong everie day more than o∣ther, through the wickednesse of Iudges and Advocates both, agreeing together, and drawing in one line: who setting to sale the suits and causes of meaner per∣sons unto militarie men and managers of martiall affaires, or to such as were migh∣tie in Court, gained thereby either much wealth or great honours. This professi∣on of Oratours and pleading Barresters, that noble Plato defineth to be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. the image or shadowe of some part of civilitie, or more truely, the fourth part of flatterie: But Epicurus naming it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, reckoneth it among bad arts: Ctesias and with him Leontinus Gorgias, saith, it is the worke-mistresse of persuasi∣on. Which being thus by old writers defined, the subtile craft of some Easterlings hath brought it, to be hated and detested of good men: whereby also it is bridled and restrained by the reines of a set and prefixed time. After therefore that I shall deliver some few words, as touching the indignitie thereof, which I found by experience conversing in those parts, I will returne to the intended course of those matters which I have begun. Then, and never else, flourished the Tribunes with pleading patrons of auncient elegancie, when as Oratours of quicke and pregnant eloquence, seriously given to the studies of learning, for wit, faithfulnesse, copi∣ous words, and many ornaments of oratorie excelled, as for example Demosthe∣nes; who, whensoever he was to make an oration, there was woont to be a great concourse of people out of all parts of Greece, to heare him, as we find in the At∣ticke records: also Callistratus, whom at the time that he pleaded that noble cause as touching Oropus, a place in Euboea, the same Demosthenes followed, leaving the ^• Academie together with Plato. Likewise Hyperides, Aeschines, Andocides, Di∣narchus, and that famous Antiphon of Rhamnus, who was the first of all others, as

auncient hystories make report, that tooke a fee for the defence of a cause. Sem∣blably among the Romans also, the * 1.1 Rutilij, Galbae, and Scauri, men for their life, behaviour, and frugalitie approved: and after them for sundrie yeares together of the age ensuing, many that were Censors and Consuls in their time, yea and had triumphed, to wit, the * 1.2 Crassi, Antonij, the Philippi, and the Scaevolae, with a number more beside, after most fortunat conduct of armies, after victories atchieved and trophees erected, flourished in the performance of civile offices betweene citizen and citizen, even for their stipends: and gaining by their goodly prizes plaid, the laurell garlands of the Barre and Common place, enjoyed glorious honours in the highest degree. After whom Cicero, the most excellent of all, who oftentimes with the thunderbolts of his commaunding speech, delivering some that were op∣pressed and cast downe out of daungerous flames of judgement, affirmed, That men haply might be undefended altogether without blame and reproofe; but negligently de∣fended without a sinfull act they could not possibly be.

Notes

• * 1.1

  Rutilius, Galb••, and 〈…〉〈…〉, &c. a kind of Helle∣nisme, wherof this author favoureth not a little, though he wrot in La••i••e.
• * 1.2

  The like Helle∣nisme and Sy∣necdoche.