21. The consequence was that, under an appearance of clemency, numbers of innocent men were driven from their homes, and sent into exile: and their property was confiscated to the public treasury, and then seized by himself for his private uses; so that the owners, after their condemnation, had no means of subsistence but such as they could beg; and were worn out with the distresses of the most miserable poverty. For fear of which that wise old poet Theognis advises a man to rush even into the sea.[177]
22. And even if any one should grant that these sentences were in some instances right, yet it surely was an odious severity; and from this conduct of his it was remarked that the maxim was sound which says, "that there is no sentence more cruel than that which, while seeming to spare, is still harsh."
23. Therefore all the chief magistrates and the prefect of the prætorium, to whom the conduct of these investigations was committed, having been assembled together, the racks were got ready, and the weights, and lead, and scourges, and other engines of torture. And all places resounded with the horrors of the cruel voice of the executioners, and the cries uttered amid the clanking of chains: "Hold him!" "Shut him up!" "Squeeze him!" "Hide him!" and other yells uttered by the ministers of those hateful duties.
24. And since we saw numbers condemned to death after having endured cruel torture, everything being thrown into complete confusion as if in perfect darkness, because the complete recollection of everything which then took place has in some degree escaped me, I will mention briefly what I do remember.
25. Among the first who were summoned before the bench, was Pergamius, who, as we have already mentioned, was betrayed by Palladius, who accused him of having arrived at a foreknowledge of certain events through wicked incantations. As he was a man of exceeding eloquence, and very likely to say dangerous things, and after some very trivial interrogatories had been put to him, seeing that the judges were hesitating what questions to put first and what last, he began himself to harangue them boldly, and shouting out the names with a loud voice and without any cessation, he named several thousand persons as accomplices with himself, demanding that people should be brought forward to be accused of great crimes from every part of the empire, up to the very shores of the great Atlantic. The task that he thus seemed to be putting together for them was too arduous; so they condemned him to death; and afterwards put whole troops of others to death, till they came to the case of Theodorus, which was regarded, after the manner of the Olympian games, as a crowning of the whole.
26. The same day, among other circumstances, this melancholy event took place, that Salia, who a little while before had been the chief treasurer in Thrace, when he was about to be brought out of his prison to have his cause heard, and was putting on his shoes, as if suddenly overwhelmed by the dread of his impending destruction, died in the hands of his gaolers.
27. So when the court was opened, and when the judges exhibited the decrees of the law, though, in accordance with the desire of the emperor, they moderated the severity of the charges brought before them, one general alarm seized all people. For Valens had now so wholly departed from justice, and had become so accomplished in the infliction of injury, that he was like a wild beast in an amphitheatre; and if any one who had been brought before the court escaped, he grew furious beyond all restraint.
28. Presently Patricius and Hilarius were brought before the court, and were ordered to enumerate the whole series of their actions: and as they differed a little at the beginning of their statement, they were both put to the torture, and presently the tripod which they had used was brought in;[178] and they, being reduced now to the greatest extremity, gave a true account of the whole affair from the very beginning. And first Hilarius spoke as follows:—
29. "We did construct, most noble judges, under most unhappy auspices, this little unfortunate tripod which you see, in the likeness of that at Delphi, making it of laurel twigs: and having consecrated it with imprecations of mysterious verses, and with many decorations and repeated ceremonies, in all proper order, we at last moved it; and the manner in which we moved it as often as we consulted it upon any secret affair, was as follows:—
30. "It was placed in the middle of a building, carefully purified on all sides by Arabian perfumes; and a plain round dish was placed upon it, made of different metals. On the outer side of which the four-and-twenty letters of the alphabet were engraved with great skill, being separated from one another by distances measured with great precision.