TRANSLATION
by H.E. Butler (1909)
For you will remember that it is only four or five days since his advocates of malice prepense attacked me with slanderous accusations, and began to charge me with practice of the black art and with the murder of my step-son Pontianus. I was at the momen t totally unprepared for such a charge, and was occupied in defending an action brought by the brothers Granius against my wife Pudentilla. I perceived that these charges were brought forward not so much in a serious spirit as to gratify my opponents' tas te for wanton slander. I therefore straightway challenged them, not once only, but frequently and emphatically, to proceed with their accusation.
The result was that Aemilianus, perceiving that you, Maximus, not to speak of others, were strongly moved by what had occurred, and that his words had created a serious scandal, began to be alarmed and to seek for some safe refuge from the consequences o f his rashness.
Even that he had not the courage to do openly in his own person, but a day later presented the indictment in the name of my step-son, Sicinius Pudens, a mere boy, adding that he appeared as his representative. This is a new method. He attacks me through the agency of a third person, whose tender age he employs to shield his unworthy self against a charge of false accusation. You, Maximus, with great acuteness saw through his designs and ordered him to renew his original accusation in person. In spite of his promise to comply, he cannot be induced to come to close quarters, but actually defies your authority and continues to skirmish at long range with his false accusations. He persistently shirks the perilous task of a direct attack, and perseveres in hi s assumption of the safe rôle of the accuser's legal representative.
As a result, even before the case came into court, the real nature of the accusation became obvious to the meanest understanding. The man who invented the charge and was the first to utter it had not the courage to take the responsibility for it. Moreove r the man in question is Sicinius Aemilianus, who, if he had discovered any true charge against me, would scarcely have been so backward in accusing a stranger of so many serious crimes, seeing that he falsely asserted his own uncle's will to be a forgery although he knew it to be genuine: indeed he maintained this assertion with such obstinate violence, that even after that distinguished senator, Lollius Urbicus, in accordance with the decision of the distinguished consulars, his assessors, had declared the will to be genuine and duly proven, he continued -- such was his mad fury -- in defiance of the award given by the voice of that most distinguished citizen, to assert with oaths that the will was a forgery. It was only with difficulty that Lollius Urb icus refrained from making him suffer for it.
For I am pleading not merely my own cause, but that of philosophy as well, philosophy, whose grandeur is such that she resents even the slightest slur cast upon her perfection as though it were the most serious accusation. Knowing this, Aemilianus' advoc ates, only a short time ago, poured forth with all their usual loquacity a flood of drivelling accusations, many of which were specially invented for the purpose of blackening my character, while the remainder were such general charges as the uninstructed are in the habit of levelling at philosophers. It is true that we may regard these accusations as mere interested vapourings, bought at a price and uttered to prove their shamelessness worthy of its hire.
It is a recognized practice on the part of professional accusers to let out the venom of their tongues to another's hurt; nevertheless, if only in my own interest, I must briefly refute these slanders, lest I, whose most earnest endeavour it is to avoid incurring the slightest spot or blemish to my fair fame, should seem, by passing over some of their more ridiculous charges, to have tacitly admitted their truth, rather than to have treated them with silent contempt. For a man who has any sense of honour or self-respect must needs -- such at least is my opinion -- feel annoyed when he is thus abused, however falsely. Even those whose conscience reproaches them with some crime, are strongly moved to anger, when men speak ill of them, although they have be en accustomed to such ill report ever since they became evildoers. And even though others say naught of their crimes, they are conscious enough that such charges may at any time deservedly be brought against them. It is therefore doubly vexatious to the g ood and innocent man when charges are undeservedly brought against him which he might with justice bring against others. For his ears are unused and strange to ill report, and he is so accustomed to hear himself praised that insult is more than he can bea r.
If, however, I seem to be anxious to rebut charges which are merely frivolous and foolish, the blame must be laid at the door of those, to whom such accusations, in spite of their triviality, can only bring disgrace. I am not to blame. Ridiculous as thes e charges may be, their refutation cannot but do me honour.
[GREEK]which I may interpret thus: `The most glorious gifts of the gods are in no wise to be despised; but the things which they are wont to give are withheld from many that would gladly possess them.' Such would have been my reply.
[GREEK]
I should have added that philosophers are not forbidden to possess a handsome face. Pythagoras, the first to take the name of `philosopher', was the handsomest man of his day. Zeno also, the ancient philosopher of Velia, who was the first to discover tha t most ingenious device of refuting hypotheses by the method of self-inconsistency, that same Zeno was -- so Plato asserts -- by far the most striking in appearance of all the men of his generation. It is further recorded of many other philosophers that t hey were comely of countenance and added fresh charm to their personal beauty by their beauty of character.
But such a defence is, as I have already said, far from me. Not only has nature given me but a commonplace appearance, but continued literary labour has swept away such charm as my person ever possessed, has reduced me to a lean habit of body, sucked awa y all the freshness of life, destroyed my complexion and impaired my vigour. As to my hair, which they with unblushing mendacity declare I have allowed to grow long as an enhancement to my personal attractions, you can judge of its elegance and beauty. As you see, it is tangled, twisted and unkempt like a lump of tow, shaggy and irregular in length, so knotted and matted that the tangle is past the art of man to unravel. This is due not to mere carelessness in the tiring of my hair, but to the fact that I never so much as comb or part it. I think this is a sufficient refutation of the accusations concerning my hair which they hurl against me as though it were a capital charge.
Certainly if the aphorism said to occur in the poems of Statius Caecilius be true, that innocence is eloquence itself, to that extent I may lay claim to eloquence and boast that I yield to none. For on that assumption what living man could be more eloque nt than myself? I have never even harboured in my thoughts anything to which I should fear to give utterance. Nay, my eloquence is consummate, for I have ever held all sin in abomination; I have the highest oratory at my command, for I have uttered no wor d, I have done no deed, of which I need fear to discourse in public. I will begin therefore to discourse of those verses of mine, which they have produced as though they were something of which I ought to be ashamed. You must have noticed the laughter wit h which I showed my annoyance at the absurd and illiterate manner in which they recited them.
Good morrow! Friend Calpurnianus, takeI ask you, what is there in these verses that is disgusting in point either of matter or of manner? What is there that a philosopher should be ashamed to own? Unless indeed I am to blame for sending a powder made of Arabian spices to Calpurnianus, for who m it would be more suitable that he should
the salutation these swift verses make.
Wherewith I send, responsive to thy call,
a powder rare to cleans thy teeth withal.
This delicate dust of Arab spices fine,
shall smooth the swollen gums and sweep away
the relics of the feast of yesterday.
So shall no foulness, no dark smirch be seen,
if laughter shown thy teeth their lips between.
Polish his teeth and ruddy gums,as Catullus says, after the filthy fashion in vogue among the Iberians.
Of course it is a serious charge, and one that no philosopher can afford to despise, to say of a man that he will not allow a speck of dirt to be seen upon his person, that he will not allow any visible portion of his body to be offensive or unclean, lea st of all the mouth, the organ used most frequently, openly and conspicuously by man, whether to kiss a friend, to conduct a conversation, to speak in public, or to offer up prayer in some temple. Indeed speech is the prelude to every kind of action and, as the greatest of poets says, proceeds from `the barrier of our teeth'. If there were any one present here today with like command of the grand style, he might say after his fashion that those above all men who have any care for their manner of speaking, should pay closer attention to their mouth than to any other portion of their body, for it is the soul's antechamber, the portal of speech, and the gathering place where thoughts assemble. I myself should say that in my poor judgement there is nothing le ss seemly for a freeborn man with the education of a gentleman than an unwashen mouth. For man's mouth is in position exalted, to the eye conspicuous, in use eloquent. True, in wild beasts and cattle the mouth is placed low and looks downward to the feet, is in close proximity to their food and to the path thq tread, and is hardly ever conspicuous save when its owner is dead or infuriated with a desire to bite. But there is no part of man that sooner catches the eye when he is silent, or more often when h e speaks.
But why should I speak further of man? Even the crocodile, the monster of the Nile -- so they tell me -- opens his jaws in all innocence, that his teeth may be cleaned. For his mouth being large, tongueless, and continually open in the water, multitudes of leeches become entangled in his teeth: these, when the crocodile emerges from the river and opens his mouth, are removed by a friendly waterbird, which is allowed to insert its beak without any risk to itself.
And yet many others have written such verse, although you may be ignorant of the fact. Among the Greeks, for instance, there was a certain Teian, there was a Lacedaemonian, a Cean, and countless others; there was even a woman, a Lesbian, who wrote with s uch grace and such passion that the sweetness of her song makes us forgive the impropriety of her words; among our own poets there were Aedituus, Porcius, and Catulus, with countless others. `But they were not philosophers.' Will you then deny that Solon was a serious man and a philosopher? Yet he is the author of that most wanton verse:
Longing for your thighs and your sweet mouth.
What is there so lascivious in all my verses compared with that one line? I will say nothing of the writings of Diogenes the Cynic, of Zeno the founder of Stoicism, and many other similar instances. Let me recite my own verses afresh, that my opponents ma
y realize that I am not ashamed of them:
Critias my treasure is and you,Now let me read you the others also which they read last as being the most intemperate in expression.
light of my life, Charinus, too
hold in my love-tormented heart
your own inalienable part.
Ah! Doubt not! With redoubled spite
though fire on fire consume me quite,
the flames ye kindle, boys divine,
I can endure, so ye be mine.
Only to each may I be dear
as your own selves are, and as near;
grant only this and you shall be
dear as mine own two eyes to be.
I lay these garlands, Critias sweet,
and this my song before thy feet;
song to thyself I dedicate,
wreaths to the Angel of thy fate.
The song I send to hymn the praise
of this, the best of all glad days,
whereon the circling seasons bring
the glory of thy fourteenth spring;
the garlands, that thy brows may shine
with splendour worthy spring's and thine,
that thou in boyhood's golden hours
mayst deck the flower of life with flowers
. Wherefore for these bright blooms of spring
thy springtide sweet surrendering,
the tribute of my love repay
and all my gifts with thine outweigh.
Surpass the twinčd garland's grace
with arms entwined in soft embrace;
the crimson of the rose eclipse
with kisses from thy rosy lips.
Or if thou wilt, be this my meed
and breathe thy soul into the reed; ˇ!
then shall my songs be shamed and mute
before the music of thy flute.
You must have noticed also that in this connexion they further attack me for calling these boys Charinus and Critias, which are not their true names. On this principle they may as well accuse Caius Catullus for calling Clodia Lesbia, Ticidas for substitu ting the name Perilla for that of Metella, Propertius for concealing the name Hostia beneath the pseudonym of Cynthia, and Tibullus for singing of Delia in his verse, when it was Plania who ruled his heart. For my part I should rather blame Caius Lucilius , even allowing him all the license of a satiric poet, for prostituting to the public gaze the boys Gentius and Macedo, whose real names he mentions in his verse without any attempt at concealment. How much more reserved is Mantua's poet, who, when like m yself he praised the slave-boy of his friend Pollio in one of his light pastoral poems, shrinks from mentioning real nnames and calls himself Corydon and the boy Alexis.
But Aemilianus, whose rusticity far surpasses that of the Virgilean shepherds and cowherds, who is, in fact, and always has been a boor and a barbarian, though he thinks himself far more austere than Serranus, Curius, or Fabricius, those heroes of the da
ys of old, denies that such verses are worthy of a philosopher who is a follower of Plato. Will you persist in this attitude, Aemilianus, if I can show that my verses were modelled upon Plato? For the only verses of Plato now extant are love-elegies, the
reason, I imagine, being that he burned all his other poems because they were inferior in charm and finish. Learn then the verses written by Plato in honour of the boy Aster, though I doubt if at your age it is possible for you to become a man of learning
.
Thou wert the morning star among the livingThere is another poem by Plato dealing conjointly with the boys Alexis and Phaedrus:
ere thy fair light had fled; --
now having died, thou art as Hesperus giving
new light unto the dead.
I lid but breathe the words `Alexis fair',Without citing any further examples I will conclude by quoting a line addressed by Plato to Dion of Syracuse:
and all men gazed on him with wondering eyes,
my soul, why point to questing beasts their prize?
'Twas thus we lost our Phaedrus; ah! Beware!
Dion, with love thou hast distraught my soul.
A virtuous poet must be chaste. Agreed.The divine Hadrian, when he honoured the tomb of his friend the poet Voconius with an inscription in verse from his own pen, wrote thus:
But for his verses there is no such need.
Thy verse was wanton, but thy soul was chaste,words which he would never have written had he regarded verse of somewhat too lively a wit as proving their author to be a man of immoral life. I remember that I have read not a few poems by the divine Hadrian himself which were of the same type. Come now , Aemilianus, I dare you to say that that was ill done which was done by an emperor and censor, the divine Hadrian, and once done was recorded for subsequent generations.
But, apart from that, do you imagine that Maximus will censure anything that has Plato for its model, Plato whose verses, which I have just read, are all the purer for being frank, all the more modest for being outspoken? For in these matters and the lik e, dissimulation and concealment is the mark of the sinner, open acknowledgement and publication a sign that the writer is but exercising his wit. For nature has bestowed on innocence a voice wherewith to speak, but to guilt she has given silence to veil its sin.
I must express my deep gratitude to you, Maximus, for listening with such close attention to these side issues, which are necessary to my defence inasmuch as I am paying back my accusers in their own coin. Your kindness emboldens me to make this further request, that you will listen to all that I have to say by way of prelude to my answer to the main charge with the same courtesy and attention that you have hitherto shown.
For next I have to deal with that long oration, austere as any censor's, which Pudens delivered on the subject of my mirror. He nearly exploded, so violently did he declaim against the horrid nature of my offence. `The philosopher owns a mirror, t he philosopher actually possesses a mirror.' Grant that I possess it: if I denied it, you might really think that your accusation had gone home: still it is by no means a necessary inference that I am in the habit of adorning myself before a mirror. Why! suppose I possessed a theatrical wardrobe, would you venture to argue from that that I am in the frequent habit of wearing the trailing robes of tragedy, the saffron cloak of the mimic dance, or the patchwork suit of the harlequinade? I think not. On the contrary there are plenty of things of which I enjoy the use without the possession.
But if possession is no proof of use nor non-possession of non-use, and if you complain of the fact that I look into the mirror rather than that I possess it, you must go on to show when and in whose presence I have ever looked into it; for as things sta nd, you make it a greater crime for a philosopher to look upon a mirror than for the uninitiated to gaze upon the mystic emblems of Ceres.
Long labour is expended over all the portraits wrought by the hand of man, yet they never attain to such truth as is revealed by a mirror. Clay is lacking in life, marble in colour, painting in solidity, and all three in motion, which is the most convinc ing element in a likeness: whereas in a mirror the reflection of the image is marvellous, for it is not only like its original, but moves and follows every nod of the man to whom it belongs; its age always corresponds to that of those who look into the mi rror, from their earliest childhood to their expiring age: it puts on all the changes brought by the advance of years, shares all the varying habits of the body, and imitates the shifting expressions of joy and sorrow that may be seen on the face of one a nd the same man. For all we mould in clay or cast in bronze or carve in stone or tint with encaustic pigments or colour with paint, in a word, every attempt at artistic representation by the hand of man after a brief lapse of time loses in truth and becom es motionless and impassive like the face of a corpse. So far superior to all pictorial art in respect of truthful representation is that craftsmanly smoothness and productive splendour of the mirror.
Or do you regard it as disgraceful to pay continual attention to one's own appearance? Is not Socrates said actually to have urged his followers frequently to consider their image in a glass, that so those of them that prided themselves on their appearan ce might above all else take care that they did no dishonour to the splendour of their body by the blackness of their hearts; while those who regarded themselves as less than handsome in personal appearance might take especial pains to conceal the meannes s of their body by the glory of their virtue? You see; the wisest man of his day actually went so far as to use the mirror as an instrument of moral discipline. Again, who is ignorant of the fact that Demosthenes, the greatest master of the art of speakin g, always practised pleading before a mirror as though before a professor of rhetoric? When that supreme orator had drained deep draughts of eloquence in the study of Plato the philosopher, and had learned all that could be learned of argumentation from t he dialectician Eubulides, last of all he betook himself to a mirror to learn perfection of delivery. Which do you think should pay greatest attention to the decorousness of his appearance in the delivery of a speech? The orator when he wrangles with his opponent or the philosopher when he rebukes the vices of mankind? The man who harangues for a brief space before an audience of jurymen drawn by the chance of the lot, or he who is continually discoursing with all mankind for audience? The man who is quar relling over the boundaries of lands, or he whose theme is the boundaries of good and evil?
Moreover there are other reasons why a philosopher should look into a mirror. He is not always concerned with the contemplation of his own likeness, he contemplates also the causes which produce that likeness. Is Epicurus right when he asserts that image s proceed forth from us, as it were a kind of slough that continually streams from our bodies? These images when they strike anything smooth and solid are reflected by the shock and reversed in such wise as to give back an image turned to face its origina l. Or should we accept the view maintained by other philosophers that rays are emitted from our body? According to Plato these rays are filtered forth from the centre of our eyes and mingle and blend with the light of the world without us; according to Ar chytas they issue forth from us without any external support; according to the Stoics these rays are called into action by the tension of the air: all agree that, when these emanations strike any dense, smooth, and shining surface, they return to the surf ace from which they proceeded in such manner that the angle of incidence is equal to the angle of reflection, and as a result that which they approach and touch without the mirror is imaged within the mirror.
If you had only read this book, Aemilianus, and, instead of devoting yourself to the study of your fields and their dull clods, had studied the mathematician's slate and blackboard, believe me, although your face is hideous enough for a tragic mask of Th yestes, you would assuredly, in your desire for the acquisition of knowledge, look into the glass and sometimes leave your plough to marvel at the numberless furrows with which wrinkles have scored your face.
But I should not be surprised if you prefer me to speak of your ugly deformity of a face and to be silent about your morals, which are infinitely more repulsive than your features. I will say nothing of them. In the first place I am not naturally of a qu arrelsome disposition, and secondly I am glad to say that until quite recently you might have been white or black for all I knew. Even now my knowledge of you is inadequate. The reason for this is that your rustic occupations have kept you in obscurity, w hile I have been occupied by my studies, and so the shadow cast about you by your insignificance has shielded your character from scrutiny, while I for my part take no interest in others' ill deeds, but have always thought it more important to conceal my own faults than to track out those of others. As a result you have the advantage of one who, while he is himself shrouded in darkness, surveys another who chances to have taken his stand in the full light of day. You from your darkness can with ease form an opinion as to what I am doing in my not undistinguished position before all the world; but your position is so abject, so obscure, and so withdrawn from the light of publicity that you are by no means so conspicuous.
You don't know, really, Aemilianus, you don't know how to accuse a philosopher: you reproach me for the scantiness of my household, whereas it would really have been my duty to have laid claim, however falsely, to such poverty. It would have redou nded to my credit, for I know that not only philosophers of whom I boast myself a follower, but also generals of the Roman people have gloried in the small number of their slaves. Have your advocates really never read that Marcus Antonius, a man who had f illed the office of consul, had but eight slaves in his house? That that very Carbo who obtained supreme control of Rome had fewer by one? That Manius Curius, famous beyond all men for the crowns of victory that he had won, Manius Curius who thrice led th e triumphal procession through the same gate of Rome, had but two servants to attend him in camp, so that in good truth that same man who triumphed over the Sabines, the Samnites, and Pyrrhus had fewer slaves than triumphs? Marcus Cato did not wait for ot hers to tell it of him, but himself records the fact in one of his speeches that when he set out as consul for Spain he took but three slaves from the city with him. When, however, he came to stay at a state residence, the number seemed insufficient, and he ordered two slaves to be bought in the market to wait on him at table, so that he took five in all to Spain.
Had Pudens come across these facts in his reading, he would, I think, either have omitted this particular slander or would have preferred to reproach me on the ground that three slaves were too large rather than too small an establishment for a philosoph er.
I have noticed that of the wealthy themselves those win most praise who live quietly and in moderate comfort, concealing their actual resources, administering their great possessions without ostentation or pride and showing like poor folk under the dis guise of their moderation. Now, if even the rich to some extent affect the outward form and semblance of poverty to give evidence of their moderation, why should we of slenderer means be ashamed of being poor not in appearance only but in reality?
Therefore, Aemilianus, if you wish me to be regarded as poor, you must first prove that I am avaricious. But if my soul lacks nothing, I care little how much of the goods of this world be lacking to me; for it is no honour to possess them and no reproach to lack them.
Yet however scanty my service, food, and raiment may seem to you, I on the contrary regard them as ample and even excessive. Indeed I am desirous of still further reducing them, since the leas I have to distract me the happier I shall be. For the soul, l ike the body, goes lightly clad when in good health; weakness wraps itself up, and it is a sure sign of infirmity to have many wants. We live, just as we swim, all the better for being but lightly burdened. For in this stormy life as on the stormy ocean h eavy things sink us and light things buoy us up. It is in this respect, I find, that the gods more especially surpass men, namely that they lack nothing: wherefore he of mankind whose needs are smallest is most like unto the gods.
There is a twon named Wallet in the midst of smoke that's dark as wine.The lines which follow are so wonderful, that had you read them you would envy me my wallet even more than you envy me my marriage with Pudentilla.
You reproach philosophers for their staff and wallet. You might as well reproach cavalry for their trappings, infantry for their shields, standard-bearers for their banners, triumphant generals for their chariots drawn by four white horses and their cloa ks embroidered with palmleaves. The staff and wallet are not, it is true, carried by the Platonic philosophers, but are the badges of the Cynic school. To Diogenes and Antisthenes they were what the crown is to the king, the cloak of purple to the general , the cowl to the priest, the trumpet to the augur. Indeed the Cynic Diogenes, when he disputed with Alexander the Great, as to which of the two was the true king, boasted of his staff as the true sceptre. The unconquered Hercules himself, since you despi se my instances as drawn from mere mendicancy, Hercules that roamed the whole world, exterminated monsters, and conquered races, god though he was, had but a skin for raiment and a staff for company in the days when he wandered through the earth. And yet but a brief while afterwards he was admitted to heaven as a reward for his virtue.
But I beg you, Aemilianus, in future to abstain from reviling any one for their poverty, since you yourself used, after waiting for some seasonable shower to soften the ground, to expend three days in ploughing single-handed, with the aid of one wretched ass, that miserable farm at Zarath, which was all your father left you. It is only recently that fortune has smiled on you in the shape of wholly undeserved inheritances which have fallen to you by the frequent deaths of relatives, deaths to which, far m ore than to your hideous face, you owe your nickname of Charon.
I say this not because I am ashamed of my country, since even in the time of Syphax we were a township. When he was conquered we were transferred by the gift of the Roman people to the dominion of King Masinissa, and finally as the result of a settlement of veteran soldiers, our second founders, we have become a colony of the highest distinction. In this same colony my father attained to the post of duumvir and became the foremost citizen of the place, after filling all the municipal offices of honour. I myself, immediately after my first entry into the municipal senate, succeeded to my father's position in the community, and, as I hope, am in no ways a degenerate successor, but receive like honour and esteem for my maintenance of the dignity of my posit ion. Why do I mention this? That you, Aemilianus, may be less angry with me in future and may more readily pardon me for having been negligent enough not to select your `Attic' Zarath for my birthplace.
I will now deal with the actual charge of magic. You spared no violence in fanning the flame of hatred against me. But you have disappointed all men's expectations by your old wives' fables, and the fire kindled by your accusations has burned itself away . I ask you, Maximus, have you ever seen fire spring up among the stubble, crackling sharply, blazing wide and spreading fast, but soon exhausting its flimsy fuel, dying fast away, leaving not a wrack behind? So they have kindled their accusation with abu se and fanned it with words, but it lacks the fuel of facts and, your verdict once given, is destined to leave not a wrack of calumny behind. The whole of Aemilianus' calumnious accusation was centred in thc charge of magic. I should therefore like to ask his most learned advocates how, precisely, they would define a magician.
If what I read in a large number of authors is true, namely, that magician is the Persian word for priest, what is there criminal in being a priest and having due knowledge, science, and skill in all ceremonial law, sacrificial duties, and the binding ru
les of religion, at least if magic consists in that which Plato sets forth in his description of the methods employed by the Persians in the education of their young princes? I remember the very words of that divine philosopher. Let me recall them to your
memory, Maximus:
When the boy has reached the age of fourteen he is handed over to the care of men known as the Royal Masters. They are four in number, and are chosen as being the best of the elders of Persia, one the wisest, another the justest, a third the most temperat e, a fourth the bravest. And one of these teaches the boy the magic of Zoroaster the son of Oromazes; and this magic is no other than the worship of the gods. He also teaches him the arts of kingship.
But if these accusers of mine, after the fashion of the common herd, define a magician as one who by communion of speech with the immortal gods has power to do all the marvels that he will, through a strange power of incantation, I really wonder that the y are not afraid to attack one whom they acknowledge to be so powerful. For it is impossible to guard against such a mysterious and divine power. Against other dangers we may take adequate precautions. He who summons a murderer before the judge comes into court with an escort of friends; he who denounces a poisoner is unusually careful as to what he eats; he who accuses a thief sets a guard over his possessions. But for the man who exposes a magician, credited with such awful powers, to the danger of a ca pital sentence, how can escort or precaution or watchmen save him from unforeseen and inevitable disaster? Nothing can save him, and therefore the man who believes in the truth of such a charge as this is certainly the last person in the world who should bring such an accusation.
I fear, however, Maximus, that you may regard the empty, ridiculous and childish fictions which my opponents have advanced in support of their case as serious charges merely because they have been put forward. `Why,' says my accuser, `have you sought out particular kinds of fish?' Why should not a philosopher be permitted to do for the satisfaction of his desire for knowledge what the gourmand is permitted to do for the satisfaction of his gluttony? `What,' he asks, `induced a free woman to marry you aft er thirteen years of widowhood?' As if it were not more remarkable that she should have remained a widow so long. `Why, before she married you, did she express certain opinions in a letter?' As if anyone should give the reasons for another p erson's private opinions. `But,' he goes on, `although she was your senior in years, she did not despise your youth.' Surely this simply serves to show that there was no need of magic to induce a woman to marry a man, or a widow to wed a bachelor some yea rs her junior. There are more charges equally frivolous. `Apuleius,' he persists, `keeps a mysterious object in his house which he worships with veneration.' As if it were not a worse offence to have nothing to worship at all. `A boy fell to the ground in Apuleius' presence.' What if a young man or even an old man had fallen in my presence through a sudden stroke of disease or merely owing to the slipperiness of the ground? Do you really think to prove your charge of magic by such arguments as these: the fall of a wretched boy, my marriage to my wife, my purchases of fish?
I will therefore begin by refuting their arguments, and will prove that they have nothing to do with magic. Next I will show that even on the assumption of my being the most consummate magician, I have never given cause or occasion for conviction of any evil practice. I will also deal with the lies with which they have endeavoured to arouse hostility against me, with their misquotation and misinterpretation of my wife's letters, and with my marriage with Pudentilla, whom, as I will proceed to prove, I ma rried for love and not for money. This marriage of ours caused frightful annoyance and distress to Aemilianus. Hence springs all the anger, frenzy, and raving madness that he has shown in the conduct of this accusation.
If I succeed in making all these points abundantly clear and obvious, I shall then appeal to you, Claudius Maximus, and to all here present to bear me out, that the boy Sicinius Pudens, my step-son, through whom and with whose consent his uncle now accus es me, was quite recently stolen from my charge after the death of Pontianus his brother, who was as much his superior in character as in years, and that he was fiercely embittered against myself and his mother through no fault of mine: that he abandoned his study of the liberal arts and cast off all restraint, and -- thanks to the education afforded him by this villanous accusation -- is more likely to resemble his uncle Aemi]ianus than his brother Pontianus.
But if there is nothing in all this that can give rise to suspicion, neither the payment of the fishermen to ply their usual trade, to wit, the capture of fish -- I may point out that the prosecution never produced any of these fishermen, who are, as a m atter of fact, wholly creatures of their imagination -- nor the purchase of a common article of sale -- the prosecution have never stated the amount paid, for fear that if they mentioned a small sum, it would be regarded as trivial, or if they mentioned a large sum it would fail to win belief, -- if, I say, there is no cause for suspicion on any of these grounds, I would ask Aemilianus to tell me what, failing these, induced them to accuse me of magic.
I beg you to listen to me, Tannonius Pudens, that you may learn the extent of the ignorance which you have shown by accepting the possession of a fish as a proof of sorcery. If you had read your Vergil, you would certainly have known that very different
things are sought for this purpose. He, as far as I recollect, mentions soft garlands and rich herbs and male incense and threads of diverse hues, and, in addition to these, brittle laurel, clay to be hardened, and wax to be melted in the fire. There are
also the objects mentioned by him in a more serious poem.
Rank herbs are sought, with milky venom dark by brazen sickles under moonlight mown; sought also is that wondrous talisman, torn from the forehead of the foal at birth ere yet its dam could snatch it.But you who take such exception to fish attribute far different instruments to magicians, charms not to be torn from new-born foreheads, but to be cut from scaly backs; not to be plucked from the fields of earth, but to be drawn up from the deep fields of ocean; not to be mowed with sickles, but to be caught on hooks. Finally, when he is speaking of the black art, Vergil mentions poison, you produce an entree; he mentions herbs and young shoots, you talk of scales and bones; he crops the meadow, you searc h the waves.
I would also have quoted for your benefit similar passages from Theocritus with many others from Homer and Orpheus, from the comic and tragic poets and from the historians, had I not noticed ere now that you were unable to read Pudentilla's letter which
was written in Greek. I will, therefore, do no more than cite one Latin poet. Those who have read Laevius will recognize the lines.
Love-charms the warlocks seek through all the world: The `lover's knot' they try, the magic wheel, ribbons and nails and roots and herbs and shoots, the two-tailed lizard that draws on to love, and eke the charm tbat gods the whinnying mare.
Many hold Pythagoras to have been a pupil of Zoroaster, and, like him, to have been skilled in magic. And yet it is recorded that once near Metapontum, on the shores of Italy, his home, which his influence had converted into a second Greece, he noticed c
ertain fishermen draw up their net. He offered to buy whatever it might contain, and after depositing the price ordered all the fish caught in meshes of the net to be relea~ed and thrown back into the sea. He would assuredly never have allowed them to sli
p from his possession had he known them to possess any valuable magical properties. For being a man of abnormal learning, and a great admirer of the men of old, he remembered that Homer, a poet of manifold or, rather I should say, absolute knowledge of al
l that may be known, spoke of the power of all the drugs that earth produces, but made no mention of the sea, when speasing of a certain witch, he wrote the line:
All drugs, that wide earth nourishes, shc knew.Similarly in another passage he says:
Earth the grain-giver yields up to her its store of drugs, whereo many be healing, mingled in the cup, and many baneful.But never in the works of Homer did Proteus anoint his face nor Ulysses his magic trench, nor Aeolus his windbags, nor Helen her mixing bowl, nor Circe her cup, nor Venus her girdle, with any charm drawn from the sea or its inhabitants. You alone within t he memory of man have been found to sweep as it were by some convulsion of nature all the powers of herbs and roots and young shoots and small pebbles from their hilltops into the sea, and there confine them in the entrails of fish. And so whereas sorcere rs at their rites used to call on Mercury the giver of oracles, Venus that lures the soul, the moon that knows the mystery of the night, and Trivia the mistress of the shades, you will transfer Neptune, with Salacia and Portumnus and all the company of Ne reids from the cold tides of the sea to the burning tides of love.
But on the lines of your argument you must believe that even the comrades of Menelaus were magicians; for they, according to the great poet, averted starvation at the isle of Pharos by their use of curved fish-hooks. Nay, you will class in the same categ ory of sorcerers seamews, dolphins, and the lobster; gourmands also, who sink whole fortunes in the sums they pay to fishermen; and fishermen themselves, who by their art capture all manner of fish.
`But what do you want fish for?' you insist. I feel myself under no necessity to tell you, and refuse to do so. But I challenge you to prove unsupported that I bought them for the purpose you assert; as though I had bought hellebore or hemlock or opium o r any other of those drugs, the moderate use of which is salutary, although they are deadly when given with other substances or in too large quantities. Who would endure it if you made this a ground for accusing me of being a poisoner, merely because thos e drugs are capable of killing a man?
My accusers lied -- and very cunning they thought themselves -- when they closed their false accusation by pretending that I had sought for two sea-beasts known by gross names. That fellow Tannonius wished to indicate the nature of the obscenity, but fai led, matchless pleader that he is, owing to his inability to speak. After long hesitation he indicated the name of one of them by means of some clumsy and disgusting circumlocution. The other he found impossible to describe with decency, and evaded the di fficulty by turning to my works and quoting a certain passage from them in which I described the attitude of a statue of Venus.
Or did you think it a particularly clever invention on your part to pretend that I had sought out these two fish for the purpose of using them as magical charms? Remember that it is as absurd an argument to say that these sea-creatures with gross names w ere sought for gross purposes, as to say that the sea-comb is sought for the adornment of the hair, the fish named sea-hawk to catch birds, the fish named the little boar for the hunting of boars, or the sea-skull to raise the dead. My reply to these lyin g fabrications, which are as stupid as they are absurd, is that I have never attempted to acquire these playthings of the sea, these tiny trifles of the shore, either gratis or for money.
You have said that certain objects drawn from the sea have a certain value for gross purposes on account of the similarity of their names. On this analogy why should not a stone be good for diseases of the bladder, a shell for the making of a will, a cra b for a cancer, seaweed for an ague? Really, Claudius Maximus, in listening to these appallingly long-winded accusations to their very close you have shown a patience that is excessive and a kindness which is too long-suffering. For my part when they utte red these charges of theirs, as though they were serious and cogent, while I laughed at their stupidity, I marvelled at your patience.
It is a good thing, Maximus, that this case is being tried before a scholar like yourself, who have read Aristotle's numerous volumes `on the generation, the anatomy, the history of animals', together with his numberless `Problems' and works by others of his school, treating of various subjects of this kind. If it is an honour and glory to them that they should have put on record the results of their careful researches, why should it be disgraceful to me to attempt the like task, especially since I shall attempt to write on those subjects both in Greek and Latin and in a more concise and systematic manner, and shall strive either to make good omissions or remedy mistakes in all these authors?
I beg of you, if you think it worth while, to permit the reading of extracts from my `magic' works, that Aemilianus may learn that my sedulous researches and inquiries have a wider range than he thinks. Bring a volume of my Greek works -- some of my frie nds who are interested in questions of natural history may perhaps have them with them in court -- take by preference one of those dealing with problems of natural philosophy, and from among those that volume in particular which treats of the race of fish . While he is looking for the book, I will tell you a story which has some relevance to this case.
Have you found the book? Thank you. Let us try now whether what I write may serve me in good stead in a law-court. Read a few lines at the beginning, then some details concerning the fish. And do you while he reads stop the water-clock. [...]
I will ask that a few of my Latin writings dealing with the same science may be read, in which you will notice some rare pieces of knowledge and names but little known to the Romans; indeed they have never been produced before today, but yet thanks to my toil and study they have been so translated from the Greek, that in spite of their strangeness they are none the less of Latin mintage. Do you deny this, Aemilianus? If so, let your advocates tell me in what Latin author they have ever before read such w ords as those which I will cause to be recited to you. I will mention only aquatic animals, nor will I make any reference to other animals save in connexion with the characteristics which distinguish them from aquatic creatures. Listen then to what I say. You will cry out at me saying that I am giving you a list of magic names such as are used in Egyptian or Babylonian rites. Selacheia, malacheia, malakostraka, chondrakantha, ostrakoderma, karcharodonta, amphibia, lepidôta, pholidôta, dermo ptera, steganopoda, monèrè, sunagelastika -- I might continue the list, but it is not worth wasting time over such trifles, and I need time to deal with other charges. Meanwhile read out my translation into Latin of the few names I have just given you. [...]
Quintus Ennius wrote a poem on dainties: he there enumerates countless species of fish, which of course he had carefully studied. I remember a few lines and will recite them:
Clipea's sea-weasels are of all the best, for `mice' the place is Aenus; oysters rough in greatest plenty from Abydos come. The sea-comb's found at Mitylene and Ambracian Charadrus, and I praise Brundisian sargus: take him, if he's big. Know that Tarentum's small sea-boar is prime; the sword-fish at Surrentum thou shouldst buy; Blue fish at Cumae. What! Have I passed by Scarus? The brain of Jove is not less sweet. You catch them large and good off Nestor's home. Have I passed by the black-tail and the `thrush', the sea-merle and the shadow of the sea? Best to Corcyra go for cuttle-fish, for the acarne and the fat sea-skull the purple-fish, the little murex too, mice of the sea and the sea-urchin sweet.He glorified many fish in other verses, stating where each was to be found and whether they were best fried or stewed, and yet he is not blamed for it by the learned. Spare then to blame me, who describe things known to few under elegant and appropriate n ames both in Greek and Latin.
`But,' says my adversary, `for what purpose save evil did you dissect the fish brought you by your servant Themison?' As if I had not told you just now that I write treatises on the organs of all kind of animals, describing the place, number and purpose of their various parts, diligently investigating Aristotle's works on anatomy and adding to them where necessary. I am, therefore, greatly surprised that you are only aware of my having inspected one small fish, although I have actually inspected a very l arge number under all circumstances wherever I might find them, and have, moreover, made no secret of my researches, but conducted them openly before all the world, so that the merest stranger may, if it please him, stand by and observe me. In this I foll ow the instruction of my masters, who assert that a free man of free spirit should as far as possible wear his thoughts upon his face. Indeed I actually showed this small fish, which you call a sea-hare, to many who stood by.
I do not yet know what name to call it without closer research, since in spite of its rarity and most remarkable characteristics I do not find it described by any of the ancient philosophers. This fish is, as far as my knowledge extends, unique in one re spect, for it contains twelve bones resembling the knuckle-bones of a sucking-pig, linked together like a chain in its belly. Apart from this it is boneless. Had Aristotle known this, Aristotle who records as a most remarkable phenomenon the fact that the fish known as the small sea-ass alone of all fishes has its diminutive heart placed in its stomach, he would assuredly have mentioned the fact.
See, too, how they contradict themselves. They say that I sought my wife in marriage with the help of the black art and charms drawn from the sea at the very time when they acknowledge me to have been in the midmost mountains of Gaetulia, where, I suppos e, Deucalion's deluge has made it possible to find fish! I am, however, glad that they do not know that I have read Theophrastus' `On beasts that bite and sting' and Nicander `On the bites of wild animals'; otherwise they would have accused me of poisonin g as well! As a matter of fact I have acquired a knowledge of these subjects thanks to my reading of Aristotle and my desire to emulate him. I owe something also to the advice of my master Plato, who rays that those who make such investigations as these ` pursue a delightful form of amusement which they will never regret.'
For this we know is the prize of magical incantations, namely divination and prophecy. And this miracle in the case of boys is confirmed not only by vulgar opinion but by the authority of learned men. I remember reading various relations of the kind in t he philosopher Varro, a writer of the highest learning and erudition, but there was the following story in particular. Inquiry was being made at Tralles by means of magic into the probable issue of the Mithridatic war, and a boy who was gazing at an image of Mercury reflected in a bowl of water foretold the future in a hundred and sixty lines of verse. He records also that Fabius, having lost five hundred denarii, came to consult Nigidius; the latter by means of incantations inspired certain boys so that they were able to indicate to him where a pot containing a certain portion of the money had been hidden in the ground, and how the remainder had been dispersed, one denarius having found its way into the possession of Marcus Cato the philosopher. This coi n Cato acknowledged he had received from a certain lackey as a contribution to the treasury of Apollo.
But howsoever these things may be, if any faith is to be put in them, the prophetic boy must, as far as I can understand, be fair and unblemished in body, shrewd of wit and ready of speech, so that a worthy and fair shrine may be provided for the divine indwelling power (if indeed such a power does enter into the boy's body) or that the boy's mind when wakened may quickly apply itself to its inherent powers of divination, find them ready to its use and reproduce their promptings undulled and unimpaired b y any loss of memory. For, as Pythagoras said, not every kind of wood is fit to be carved into the likeness of Mercury.
If that be so, tell me who was that healthy, unblemished, intelligent, handsome boy whom I deemed worthy of initiation into such mysteries by the power of my spells. As a matter of fact, Thallus, whom you nentioned, needs a doctor rather than a magician. For the poor wretch is such a victim to epilepsy that he frequently has fits twice or thrice in one day without the need for any incantations, and exhausts all his limbs with his convulsions. His face is ulcerous, his head bruised in front and behind, hi s eyes are dull, his nostrils distended, his feet stumbling. He may claim to be the greatest of magicians in whose presence Thallus has remained for any considerable time upon his feet. For he is continually lying down, either a seizure or mere weariness causing him to collapse.
I will confess myself guilty of everything, if he has not long since been sent away into the country, far from the sight of all of them, to a distant farm, for fear he should infect the rest of the household. They cannot deny this to be the fact. For the same reason it is impossible for us to produce him here today. The whole of this accusation has been reckless and sudden, and it was only the day before yesterday that Aemilianus demanded that we should produce fifteen slaves before you. The fourteen liv ing in the town are present today. Thallus only is absent owing to the fact that he has been banished to a place some hundred miles distant. However, we have sent a man to bring him here in a carriage.
I ask you, Maximus, to question these fourteen slaves whom we have produced as to where the boy Thallus is and what is the state of his health; I ask you to question my accuser's slaves. They will not deny that this boy is of revolting appearance, that h is body is rotten through and through with disease, that he is liable to fits, and is a barbarian and a clodhopper. This is indeed a handsome boy whom you have selected as one who might fairly be produced at the offering of sacrifice, whom one might touch upon the head and clothe in a fair white cloak in expectation of some prophetic reply from his lips! I only wish he were present. I would have entrusted him to your tender mercies, Aemilianus, and would be ready to hold him myself that you might question him. Here in open court before the judges he would have rolled his wild eyes upon you, he would have foamed at the mouth, spat in your face, drawn in his hands convulsively, shaken his head and fallen at last in a fit into your arms.
Nay, even supposing I had thought it a great achievement to cast an epileptic into a fit, why should I use charms when, as I am told by writers on natural history, the burning of the stone named gagates is an equally sure and easy proof of the disease? F or its scent is commonly used as a test of the soundness or infirmity of slaves even in the slave-market. Again, the spinning of a potter's wheel will easily infect a man suffering from this disease with its own giddiness. For the sight of its rotations w eakens his already feeble mind, and the potter is far more effective than the magician for casting epileptics into convulsions.
You had no reason for demanding that I should produce these slaves; I have good reason for asking you to name those who witnessed that guilty ritual when I cast the moribund Thallus into one of his fits. The only witness you mention is that worthless boy , Sicinius Pudens, in whose name you accuse me. He says that he was present. His extreme youth is no reason why we should reject his sworn evidence, but the fact that he is one of my accusers does detract from his credibility. It would have been easier fo r you, Aemilianus, and your evidence would have carried much more weight, had you said that you were present at the rite and had been mad ever since, instead of entrusting the whole business to the evidence of boys as though it were a mere joke. A boy had a fit, a boy saw him. Was it also some boy that bewitched him?
I might ignore it, but I will go out of my way to challenge it as I have done with all the rest. I want those boys to be produced. I hear they have been bribed by the promise of their liberty to perjure themselves. But I say no more. Only produce them. I demand and insist, Tannonius Pudens, that you should fulfil your promise. Bring forward those boys in whose evidence you put your trust; produce them, name them. You may use the time allotted to my speech for the purpose. Speak, I say, Tannonius. Why are you silent? Why do you hesitate? Why look round? If he does not remember what he has said, or has forgotten his witnesses' names, do you at any rate, Aemilianus, come forward and tell us what instructions you gave your advocate, and produce those boys. W hy do you turn pale? Why are you silent? Is this the way to bring an accusation? Is this the way to indict a man on so serious a charge? Is it not rather an insult to so distinguished a citizen as Claudius Maximus, and a false and slanderous persecution o f myself?
However, if your representative has made a slip in his speech, and there are no such boys to produce, at any rate make some use of the fourteen whom I have brought into court. If you refuse, why did you demand the appearance of such a housefull?
At this point, Maximus, although I have for the present been careful to abstain from praising you, lest I should seem to have flattered you with an eye to winning my case, yet I cannot help praising you for the astuteness of your questions. After they ha d spent much time in discussing these points and asserting that I had bewitched the woman, and after the doctor who was present on that occasion had denied that I had done so, you, with shrewdness more than human, asked them what profit I derived from my incantations They replied, `The woman had a fit.' `What then?' you asked, `Did she die?' `No,' they said. `What is your point then? How did the fact of her having a fit profit Apuleius?'
That third question showed brilliant penetration and persistence. You knew that it was necessary to submit all facts to stringent examination of their causes, that often facts are admitted while motives remain to seek, and that the representatives of lit igants are called pleaders of causes, because they set forth the causes of each particular act. To deny a fact is easy and needs no advocate, but it is far more arduous and difficult a task to demonstrate the rightness or wrongness of a given action. It i s waste of time, therefore, to inquire whether a thing was done, when, even if it were done, no evil motive can be alleged. Under such circumstances, if no criminal motive is forthcoming, a good judge releases the accused from all further vexatious inquir y.
So now, since they have not proved that I either bewitched the woman or caused her to have a fit, I for my part will not deny that I examined her at the request of a physician; and I will tell you, Maximus, why I asked her if she had noises in her ears. I will do this not so much to clear myself of the charge which you, Maximus, have already decided to involve neither blame nor guilt, as to impart to you something worthy of your hearing and interesting to one of your erudition. I will tell you in as few words as possible. I have only to call your attention to certain facts. To instruct you would be presumption.
But if, on the other hand, this dangerous corruption be contained within the body and mingle with the black bile, and so run fiercely through every vein, and then working its way upwards to the head flood the brain with its destructive stream, it straigh tway weakens that royal part of man's spirit which is endowed with the power of reason and is enthroned in the head of man, that is its citadel and palace. For it overwhelms and throws into confusion those channels of divinity and paths of wisdom. During sleep it makes less havoc, but when men are full of meat and wine it makes its presence somewhat unpleasantly felt by a choking sensation, the herald of epilepsy. But if it reaches such strength as to attack the heads of men when they are wide awake, then their minds grow dull with a sudden cloud of stupefaction and they fall to the ground, their bodies swooning as in death, their spirit fainting within them. Men of our race have styled it not only the `Great sickness ' and the `Comitial sickness', but al so the `Divine sickness', in this resembling the Greeks, who call it hiera nosos, the holy sickness. The name is just; for this sickness does outrage to the rational part of the soul, which is by far the most holy.
I have mentioned these things, I have been careful to quote the arguments of renowned philosophers, and to mention the books where they are to be found, and have avoided any reference to the works of physicians or poets, that my adversaries may cease to wonder that philosophers have learnt the causes of remedies and diseases in the natural course of their researches.
Well then, since this woman was brought to be examined by me in the hope that she might be cured, and since it is clear both from the evidence of the physician who brought her and from the arguments I have just set forth that such a course was perfectly right, my opponents must needs assert that it is the part of a magician and evildoer to heal disease, or, if they do not dare to say that, must confess that their accusations in regard to this epileptic boy and woman are false, absurd, and indeed epilepti c.
The words you used in the presence of so grave and perspicacious a judge amounted to something very like this. `Apuleius kept certain things wrapped in a cloth among the household gods in the house of Pontianus. Since I do not know what they were, I ther efore argue that they were magical. I beg you to believe what I say, because I am talking of that of which I know nothing.' What a wonderful argument, in itself an obvious refutation of the charge. `It must have been this, because I do not know what it wa s.' You are the only person hitherto discovered who knows that which he does not know. You so far surpass all others in folly, that whereas philosophers of the most keen and penetrating intellect assert that we should not trust even the objects that we se e, you make statements about things which you have never seen or heard.
If Pontianus still lived and you were to ask him what the cloth contained, he would reply that he did not know. There is the freedman who still has charge of the keys of the place; he is one of your witnesses, but he says that he has never examined these objects, although, as the servant responsible for the books kept there, he opened and shut the doors almost daily, continually entered the room, not seldom in my company but more often alone, and saw the cloth lying on the table unprotected by seal or co rd. Quite natural, was it not? Magical objects were concealed in the cloth, and for that reason I took little care for its safe custody, but left it about anyhow for any one to examine and inspect, if he liked, or even to carry it away! I entrusted it to the custody of others, I left it to others to dispose of at their pleasure!
What credence do you expect us to give you after this? Are we to believe that you, on whom I have never set eyes save in this court, know that of which Pontianus, who actually lived under the same roof, was ignorant? Or shall we believe that you, who hav e never so much as approached the room where they were placed, have seen what the freedman never saw, although he had every opportunity to inspect them during the sedulous performance of his duties?
Suppose that what you never saw was such as you say. Yet, you fool, if this very day you had succeeded in getting that handkerchief into your hands, I should deny the magical nature of whatever you might produce from it.
You will perhaps, as is your wont, say, `What, then, was it that you wrapped in a linen cloth and were so careful to deposit with the household gods?' Really, Aemilianus! Is this the way you accuse your victims? You produce no definite evidence yourself, but ask the accused for explanations of everything.' `Why do you search for fish?' `Why did you examine a sick woman?' `What had you hidden in your handkerchief?' Did you come here to accuse me or to ask me questions? If to accuse me, prove your charges yourself; if to ask questions, do not anticipate the truth by expressing opinions on that concerning which your ignorance compels you to inquire.
If this precedent is followed, if there is no necessity for the accuser to prove anything, but on the contrary he is given every facility for asking questions of the accused, there is not a man in all the world but will be indicted on some charge or othe r. In fact, everything that he has ever done will be used as a handle against any man who is charged with sorcery. Have you written a petition on the thigh of some statue? You are a sorcerer! Else why did you write it? Have you breathed silent prayers to heaven in some temple? You are a sorcerer! Else tell us what you asked for? Or take the contrary line. You uttered no prayer in some temple! You are a sorcerer! Else why did you not ask the gods for something? The same argument will be used if you have ma de some votive dedication, or offered sacrifice, or carried sprigs of some sacred plant. The day will fail me if I attempt to go through all the different circumstances of which, on these lines, the false accuser will demand an explanation. Above all, wha tever object he has kept concealed or stored under lock and key at home will be asserted by the same argument to be of a magical nature, or will be dragged from its cupboard into the light of the law-court before the seat of judgement.
Although I might deny that I had deposited any handkerchief of mine in Pontianus' library, or even admitting that it was true enough that I did so deposit it, I might still deny that there was anything wrapped up in it. If I should take this line, you ha ve no evidence or argument whereby to refute me, for there is no one who has ever handled it, and only one freedman, according to your own assertion, who has ever seen it. Still, as far as I am concerned I will admit the cloth to have been full to burstin g. Imagine yourself, please, to be on the brink of a great discovery, like the comrades of Ulysses who thought they had found a treasure when they stole the bag that contained all the winds. Would you like me to tell you what I had wrapped up in a handker chief and entrusted to the care of Pontianus' household gods? You shall have your will.
I have been initiated into various of the Greek mysteries, and preserve with the utmost care certain emblems and mementoes of my initiation with which the priests presented me. There is nothing abnormal or unheard of in this. Those of you here present wh o have been initiated into the mysteries of father Liber alone, know what you keep hidden at home, safe from all profane touch and the object of your silent veneration. But I, as I have said, moved by my religious fervour and my desire to know the truth, have learned mysteries of many a kind, rites in great number, and diverse ceremonies. This is no invention on the spur of the moment; nearly three years since, in a public discourse on the greatness of Aesculapius delivered by me during the first days of my residence at Oea, I made the same boast and recounted the number of the mysteries I knew. That discourse was thronged, has been read far and wide, is in all men's hands, and has won the affections of the pious inhabitants of Oea not so much through any eloquence of mine as because it treats of Aesculapius.
Will anyone, who chances to remember it, repeat the beginning of that particular passage in my discourse? [...] You hear, Maximus, how many voices supply the words. I will order this same passage to be read aloud, since by the courteous expression of your face you show that you will not be displeased to hear it. [...]
And yet I know that some persons, among them that fellow Aemilianus, think it a good jest to mock at things divine. For I learn from certain men of Oea who know him, that to this day he has never prayed to any god or frequented any temple, while if he ch ances to pass any shrine, he regards it as a crime to raise his hand to his lips in token of reverence. He has never given firstfruits of crops or vines or flocks to any of the gods of the farmer, who feed him and clothe him; his farm holds no shrine, no holy place, nor grove. But why do I speak of groves or shrines? Those who have been on his property say they never saw there one stone where offering of oil has been made, one bough where wreaths have been hung. As a result, two nicknames have been given him: he is called Charon, as I have said, on account of his truculence of spirit and of countenance, but he is also -- and this is the name he prefers -- called Mezentius, because he despises the gods. I therefore find it the easier to understand that he should regard my list of initiations in the light of a jest. It is even possible that, thanks to his rejection of things divine, he may be unable to induce himself to believe that it is true that I guard so reverently so many emblems and relics of mysteri ous rites.
But what Mezentius may think of me, I do not care a straw; to others I make this announcement clearly and unshrinkingly: if any of you that are here present had any part with me in these same solemn ceremonies, give a sign and you shall hear what it is I keep thus. For no thought of personal safety shall induce me to reveal to the uninitiated the secrets that I have received and sworn to conceal.
You heard them read from a written deposition, the evidence of a gorging brute, a hopeless glutton, named Junius Crassus, that I performed certain nocturnal rites at his house in company with my friend Appius Quintianus, who had taken lodgings there. Thi s, mark you, Crassus says that he discovered (in spite of the fact that he was as far away as Alexandria at the time!) from finding the feathers of birds and traces of the smoke of a torch. I suppose that while he was enjoying a round of festivities at Al exandria -- for Crassus is one who is ready even to encroach upon the daylight with his gluttonies -- I suppose, I say, that there from his reeking-tavern he espied, with eye keen as any fowler's, feathers of birds wafted towards him from his house, and s aw the smoke of his home rising far off from his ancestral rooftree. If he saw this with his eyes, he saw even further than Ulysses prayed and yearned to see. For Ulysses spent years in gazing vainly from the shore to see the smoke rising from his home, w hile Crassus during a few months' absence from home succeeded, without the least difficulty, in seeing this same smoke as he sat in a wine-shop! If, on the other hand, it was his nose that discerned the smoke, he surpasses hounds and vultures in the keenn ess of his sense of smell. For what hound, what vulture hovering in the Alexandrian sky, could sniff out anything so far distant as Oea? Crassus is, I admit, a gourmand of the first order, and an expert in all the varied flavours of kitchen-smoke, but in view of his love of drinking, his only real title to fame, it would have been easier to reach him at Alexandria for the fumes of his wine rather than the fumes of his chimney.
What an ingenious lie! What a probable invention! That I, had I wished to do anything of the sort, should have done it there rather than in my own house! That Quintianus, who is supporting me here today, and whom I mention with the greatest respect and h onour for the close love that binds him to me, for his deep erudition and consummate e]oquence, that this same Quintianus, supposing him to have dined off some birds or, as they assert, killed them for magical purposes, should have had no slave to sweep u p the feathers and throw them out of doors! Or further that the smoke should have been strong enough to blacken the walls and that Quintianus should have suffered such defacement of his bedroom for as long as he lived there! Nonsense, Aemilianus! T here is no probability in the story, unless indeed Crassus on his return went not to the bedroom, but after his fashion made straight for the kitchen.
And what made his slave suspect that the walls had been blackened by night in particular? Was it the colour of the smoke? Does night smoke differ from day smoke in being darker? And why did so suspicious and conscientious a slave allow Quintianus to leav e the house before having it cleaned? Why did those feathers lie like lead and await the arrival of Crassus for so long? Let not Crassus accuse his slave. It is much more likely that he himself fabricated this mendacious nonsense about feathers and soot, being unable even in his evidence to divorce himself further from his kitchen.
You notice the time of day. I tell you that Crassus has long since been snoring in a drunken slumber or has taken a second bathe and is now evaporating the sweat of intoxication at the bath that he may be equal to a fresh drinking bout after supper. He p resents himself in writing only. That is the way he speaks to you, Maximus. Even he is not so dead to sense of shame as to be able to lie to your face without a blush. But there is perhaps another reason for his absence. He may have been unable to abstain from drunkenness sufficiently long to keep sober against this moment.
Or it may be that Aemilianus took good care not to subject him to your severe and searching gaze, lest you should damn the brute with his close-shaven cheeks and his disgusting appearance by a mere glance at his face, when you saw a young man with his features stripped of the beard and hair that should adorn them, his eyes heavy with wine, his lids swollen, his <...> grin, his slobbering lips, his harsh voice, his trembling hands, his breath reeking of the cook-shop. He has long since devoured his fortune; nothing is left him of his patrimony save a house that serves him for the sale of his false witness, and never did he make a more remunerative contract than he has done with regard to this evidence he offers today. For he sold Aemilianus his dru nken fictions for 3,000 sesterces, as every one at Oea is aware.