Page:Roman History of Ammianus Marcellinus.djvu/464

 Italy, who were all put to death with great cruelty because the count of Italy had complained to the emperor that Diodorus had, though in a constitutional manner, implored the aid of the law against him; and that the officers, by command of the judge, served a summons on him as he was setting out on a journey, commanding him to answer to the action according to law. And the Christians at Milan to this day cherish their memory, and call the place where they were buried, the tomb of the innocents.

6. Afterwards, in the affair of a certain Pannonian, named Maxentius, on account of the execution of a sentence very properly commanded by the judge to be carried out immediately, he ordered all the magistrates of these towns to be put to death, when Eupraxius, who at that time was quaestor, interposed, saying, "Be more sparing, O most pious of emperors, for those whom you command to be put to death as criminals, the Christian religion honours as martyrs, that is as persons acceptable to the deity."

7. And the prefect Florentius, imitating the salutary boldness of Eupraxius, when he heard that the emperor was in a similar manner very angry about some trifling and pardonable matter, and that he had ordered the execution of three of the magistrates in each of several cities, said to him, "And what is to be done if any town has not got so many magistrates? It will be necessary to suspend the execution there till there are a sufficient number for the purpose."

8. And besides this cruel conduct there was another circumstance horrible even to speak of, that if any one came before him protesting against being judged by a powerful enemy, and requiring that some other judge might hear his case, he always refused it; and however just the arguments of the man might be, he remitted his cause to the decision of the very judge whom he feared. And there was another very bad thing much spoken of; namely, that when it was urged, that any debtor was in such absolute want as to be unable to pay anything, he used to pronounce sentence of death on him.

9. But some princes do these and other similar actions with the more lofty arrogance, because they never allow their friends any opportunity of setting them right in any