Οί δὲ δίκας ξείνοιο καὶ ενδήμοισι διδοῦσιν, τοῖσι τεθηλε πόλις.Hesiod,Works, 223.Those who administer the laws with justice to foreigners and natives—by these the city flourishes.1. Before the courts.2. Is Themis blind?3. Fiat justitia.4. Buat cælum.
Οί δὲ δίκας ξείνοιο καὶ ενδήμοισι διδοῦσιν, τοῖσι τεθηλε πόλις.
Hesiod,Works, 223.
Those who administer the laws with justice to foreigners and natives—by these the city flourishes.
The courts of Alexandria were held in the great Basilica at the intersection of Emporium Street with the Street of Canopus.
Among the Romans, subject peoples were, as far as possible, left to be governed by their own laws and customs. Accordingly all suits between persons of the same nation were first tried by their own judges. An appeal could be taken from these to a Roman court. Also, the case went to a Roman court if the judges failed to agree on a verdict.
The suit of Malus against the two brothers, Shaphan and Nathan, for the non-payment of the sum they had agreed to give for his rights in their khan-business, together with interest on the same for nearly thirty years (time did not outlaw debts in Alexandria), being between Jew and Jew, came before Jewish judges, who happened to be equally divided between the two chief synagogues.
In suits of this kind, and indeed of almost every kind, it was customary for the more immediate friends of either party to give him moral support by taking seat with him in the court-room. Of course Malus was not unprovided with sympathizers. Nor were Shaphan and Nathan. On their side of the room sat Seti and Aleph, as well as some of the principal men of the Diapleuston.
I do not propose to give a detailed account of proceedings. Those who are curious about the formalities of ancient courts, Jewish or Roman, must seek for them in other works. I touch onlyfastigia verum.
The advocate of Malus first stated briefly the accusation. Then Malus made oath that the statement was correct. Next the defendants made oath to the contrary. Then Piso, as advocate for the defendants, proceeded to question Malus. Was it not possible that he had long ago received payment, but had gradually, through press of affairs of much greater consequence, lost sight of the fact? Malus replied that he was not apt to be forgetful in business matters: besides, he distinctly remembered having made an annual application in writing at the beginning of each year for the sum due him, to say nothing of many personal applications. He was prepared to furnish witnesses to the fact of such applications, both written and oral, during a full quarter of a century.
Piso inquired why he had not brought suit before. Malus replied that he had not been pressed for money; but that the leading motive for his long delay had beenmercy. He hated to push matters to extremities; but had at last come, very reluctantly, to feel that forbearance with such unscrupulous persons was no longer a virtue, but rather an encouragement to wrong-doing.
Here his advocate suggested that he probably was in the habit of giving a receipt for moneys paid him.
“Ialwaysdo it,” he said promptly. “Of course a receipt is always expected and demanded in case of large payments. If the defendants had paid me the money due they would have demanded a receipt and I should have given it. Let them produce my receipt.”
Malus indulged himself with what he meant for a smile, which was broadly imitated by his party.
“Do you recognize this?” inquired Piso, producing a discolored sheet of papyrus, and handing it to Malus. The man’s hand visibly trembled as he took it; and as his eye glanced along the page he could not prevent a ripple of dismay from passing across his features. But it was gone in an instant.
“A very clever forgery!” he sneered.
Piso took back the paper and handed it to the judges, together with some letters which he himself had received from Malus in course of years on business matters.
“The honorable judges will perceive,” said he, after a few moments had been allowed for a comparison of the papers, “that if the receipt is a forgery, it is an exceedingly clever one—perhaps will perceive that it is so clever that none but an expert scribe, who has made a close study of the plaintiff’s handwriting in many specimens, could possibly have done it. This is what the leading scribes in the city tell me, and are here to testify. But Shaphan and Nathan arenotskillful scribes—as you may see from these specimens received from them in course of business,”—and he passed over to the judges a parcel.
After a few moments he resumed. “But the honorable judges should further notice that the receipt bears the signatures of two witnesses, as was customary years ago in transactions of such magnitude. These witnesses have given me some trouble. They left the city shortly after signing this document, and I could not find any one who knew where they were. The probability was that they were dead; for they were not young when they disappeared, and thirty years make havoc with old people.But yesterday, without concert and from opposite directions, they for the first time returned to the city—each drawn by a mysterious feeling that he was wanted andmustnot stay away. They are in this room now; can be identified by persons here present who formerly knew them well; will testify to their own signatures, and anew to the well-remembered fact that Malus received his money in their presence.”
Turning again to Malus, Piso said, “You say that this receipt is a forgery—to whom do you attribute the forgery?”
“Of course to those who could hope for advantage from it—to Shaphan and Nathan.”
“The honorable judges and all here present will please notice,” exclaimed Piso, “that Malus has publicly charged my clients with the crime of forgery; a charge which I deny in their name, against which their general repute testifies, and for which I propose to bring suit against him at fitting opportunity. He shallprovewhat he now asserts, or suffer the penalty prescribed by law to false accusers. Meanwhile, my clients are held innocent by the law as not yet having been proved guilty; and this case must be decided on the assumption that they havenotcommitted a forgery.”
Of course the advocate on the other side was voluble and shrewd. He had not practiced in the school of Malus many years in vain; but had his ways of making the worse appear the better—pushing some things to the front, others to the rear; throwing a shadow here and a glare there; slurring over this and dwelling on that; magnifying little things and dwarfing great ones—all after the manner of unscrupulous advocates in every ageThe result was that the four judges were equally divided—the Diapleuston pair deciding for the brothers, the others for Malus. So the case went the next day to the Roman Court held in another room of the same Basilica.
Malus was not discouraged by this. He counted on the Flaccan influence being in his favor; and, quite as much, on his reputation of being on good terms with the Roman authorities. He hoped to see some Romans of standing, who might be supposed inspired by Flaccus, occupying seats on his side of the house; also to get from the judges, as they came in and took their seats, some furtive glances of recognition and encouragement. He was disappointed. Still, official people have to be prudent in showing their favoritism; and he still hoped that the powerful magnates at Bruchium were surely, though secretly, at work for him.
The case was reviewed, the arguments for and against were repeated without material change, the same testimonies were given as before—save that Piso was now able to bring forward witnesses to show that, when his clients informed Malus of the loss of the receipt and asked for another, he did not deny having given one, but deferred giving a duplicate just then because of press of business.
The verdict was against the plaintiff.
Malus was astonished at this unusual experience. It was a blow at his prestige. There was no telling but that other victims of his craft and greed, encouraged by this defeat, might turn upon him. Also, it looked as though his Roman friends were beginning to fail him. Still, he was a man of audacity; had grown into a vast confidence in himself and his star; believed more in Simon Magus and his pleasing predictions than in God and eternaljustice: moreover, he said to himself that the Romans in this small matter were trying to appear impartial, so as to break the force of public criticism and suspicion when they should come to decide for him in the larger matters pending. So he managed to keep up heart. Does not many a bright day begin in clouds? Has not many a victory been introduced by a check?
The next day brought on his suit against Cimon the Greek—to be tried in the same place, before the same Judges and Prætor. He was on the ground very early, with an enlarged body of sympathizers and a cheerful aspect. His friends copied his example, and beat the copy. They were almost hilarious. They thought that it would help to gain a battle, to assume it to be already gained. The real object of Malus, however, in being at the Basilica considerably in advance of time, was to get, if possible, an opportunity to convey a note, or a word, through some sub-official of the court, to one or more of the judges before they took their seats. This he was able to do; for he made it worth the while for janitors and pursuivants to oblige him.
When the Prætor and Judges came in he watched their faces for some auspicious sign. But they were still very prudent—unnecessarily so, he thought. In his heart he cursed them for it. It was carrying matters quite too far. They might at least give him a glance that would mean much to him while not compromising them. But they did not even look his way. He would make them sweat for it some day.
Cimon, whom we have not seen for too many days, had come in escorted by two officers; whom, however, he seemed escorting. Seated near him were, not only Setiand Aleph, but also Alexander, who had arrived from Rome during the last night, together with a large delegation from the Diapleuston Seventy. This was not a pleasant sight to Malus: but it was a relief, as he looked about from under his bushy eyebrows, to see seated with his own company several Roman officers well known as the intimates of Sextus Flaccus. “It is all right,” said he to himself. “It is all wrong,” said the thoughts on the other side of the house—with a few exceptions. These exceptions said, “The Lord reigneth; I will not fear what man can do to me.”
According to custom, the court opened with an outline-statement from the advocate of the plaintiff. The defendant had visited the warehouse of Malus, was shown by his conductor through the department of eastern goods, was observed to notice particularly the jewels. Soon after he left, and before any other person had come in, the young man who had conducted him, becoming disturbed as he thought of the suspicious appearance of the stranger, returned to the jewelry room and found a certain casket, containing gems worth fifty thousandaurei, to be missing. Whereupon Malus set inquiries on foot, found out where the stranger lodged, obtained a search warrant, found the casket hidden in his room but empty, and had him arrested for theft. His client would say whether this statement was correct.
According to custom, Malus made oath that the facts were as stated—made oath “by Him who reigns in Heaven”; for such was the blanket oath that could be taken alike by the man who believed in Jupiter, or in Zeus, or in Osiris, or in Jehovah.
Then Piso outlined his defense. “Some facts had beencorrectly stated. Cimon did visit the warehouse, was conducted through the jewelry department, did notice the cabinet of jewels in passing. Also, the casket was seemingly found in his room. Buthedid not carry it there. That was done by the agent of Malus who conducted the searching party, in order to make out a case against Cimon, whom Malus had reason to fear and wished to discredit and remove. His client would say whether the facts had been correctly stated.”
Cimon made oath that, to the best of his belief, the facts were as stated.
Omitting the plea for the plaintiff which came next, the witness-bearing on both sides, the questionings and cross-questionings by the advocates, I will give a summary of Piso’s plea, which came last.
He began with gravely ridiculing the idea that anything in the appearance of Cimon should have suggested to his conductor that he was a thief. “The Judges can see for themselves that the story is incredible. So far as appearances go, there is not a man here less likely to do what has been charged upon him than Cimon, the Greek. Further, it appears from the testimony of the Alabarch that this man, whose face is written all over with the natural marks of honesty and high character, has a credit with him for 200,000 gold staters; and so is a very unlikely person to steal what might be, as everybody knows, a box of sham jewels, or even an empty box. Further, the Superintendent of the jewelry department has testified that he saw the casket in its place after Cimon had left; and it cannot be claimed that he gave this testimony in revenge for his dismissal from his post, because he brought me the information before the dismissaltook place. Further, the young man called Aleph the Chaldean, and a much esteemed member of the University, has testified that he was present when the search was made, and actually saw the Cretan agent of Malus furtively slip the casket from the bosom of his own tunic as he pretended to grope for it on his knees in the dimmer part of the room: and the Cretan himself, at last tired of the wickedness he has been set to do, and fearing the avenging heavens and his own awaking conscience, has confessed that such was the fact—that Malus had employed him to play that part, and, lest he should be tempted to run away with the casket, had opened it in his presence and showed that it was empty, instead of containing gems to the value of 50,000 staters.
“The advocate on the other side has asked what possible motive could Malus have for attacking maliciously a stranger who had never crossed his plans, or even his path, till a few days ago. That point was well taken. People do not act without motive, and what seems to them a sufficient motive: and it is incredible that so shrewd a man as Malus should lay a plot to brand Cimon as a thief, and shut him up in prison, and, in default of 50,000 staters, sell him into slavery, without some powerful reason for doing it. And such reason exists. The plaintiff had become aware that Cimon had unearthed a gigantic system of embezzlement on his part which threatened to destroy his reputation, subject him to heavy punishments, and sacrifice a large part, if not the whole, of his fortune. To prevent this ruin he contrived this plan to smutch Cimon as a low criminal whose accusation was unworthy of notice—also to remove him from view and possibility of action, first by incarceration,and then by sale into some distant servitude, as our laws permit in case of insolvent debtors. All this will be proved when the next suit in order shall come before the court.
“As this last is evidently a vital point, the Prætor and Judges, might do well to consider whether it would not be well to reserve their decision of this case until after the suit of Cimon against Malus has been tried. They can safely be promised great additional light.”
Such, for substance, was what Piso said in a much enlarged form. Strong opposition was made to his proposal for postponement by the Malus party; but, after a good deal of mutual consultation on the part of the Prætor and Judges, and, as the day was already far spent, it was at length decided to reserve the decision in hope of additional light on the morrow.
Malus was now thoroughly roused. Under the stolid and uninterpretable exterior with which he retired from the Basilica everything was ablaze—all his shrewdness, all his determination, all his wrath, all his daring. He was a born gambler, and could coolly stake everything on a last throw. To-morrow hemustconquer. To-morrow hewouldconquer. The stars should fulfill themselves by fighting for him. Simon should weave his spells and summon his mightiest spirits all the live-long night in his behalf. But he would not neglect to supplement magic with all the human expedients for winning success. He had prospered so long that he had come to feel that prosperity was both his destiny and his due. He had made people his prey so long that they seemedmadeto be victimized: he had the right of a fisherman to draw into his net as many fishes as possibleby all possible ways and means. He had used the right freely, made many captures, and hitherto had not found a captive large enough to break through his net. He determined that his steady run of good luck should not fail him. He spent the whole night with his lawyer—trying to forecast the course of accusation and evidence which the other party would take, and the best ways of resisting the same. Among these ways he decided should be a more decided and potent invoking of his Roman friends to come to his aid. He thoroughly believed in the venality of every Roman, from the governor downward or upward. Some could be bought for less than others—but all could be bought. Perhaps his hints had not been sufficiently broad: perhaps he had not hinted at sums sufficiently large in the case of some. Now he would mend all that. The governor should have an offer that he could not misunderstand; and one that even a governor would find it worth his while to accept. So of the city Prætor and Judges. Each should have his gratification, and a large one. It would be costly work: but then he could easily and swiftly reimburse himself if his situation could be made secure. Such was his confidence, after all, in the sympathy of the authorities and in the power of money that he was able to face the new day with untrembling nerves, despite the vigils of the night. Had not trusty messengers gone in all directions with instructions to make all sure,sure—regardless of expense?
The Basilica was crowded long before the hour. Malus had with him all his friends of the day before, and, in addition, the leading men of his synagogue. On the other side, besides those of the day before, was a large delegationfrom the University, with Philo and Cornelius at their head—also a large number of by no means showy people, apparently small traders and shop-keepers, whose “moral support” the students seemed at first inclined to laugh at, but, at a hint from Piso, ended in making much of. Among these last was the Phenician of Chapter Second, sitting between his Cretan oppressor and Malus’s discharged clerk. It is doubtful whether Malus recognized these persons—they were well in the rear; and besides he deigned only a glance at the nobodies, being on the lookout for only somebodies, for people of station and weight and large consideration. Of this class he as yet saw no addition to the other side, save the students; and them he was prepared to see.
It was now almost time for the court to open, when an unusual stir was heard at the main door of the Basilica; and shortly the Governor made his appearance, attended by several sub-officials and supporting his son Sextus. The young man was very pale, leaned hard on his father, and, before he had advanced far, became faint and motioned toward the first vacant seats they came to—which chanced to be on Malus’s side of the house. Accordingly, the party fell in there, and busied themselves in trying most officiously to help the invalid—offering this and that restorative, making this and that inquiry, and generally making him as miserable as they could well do by shutting off from him air and light and quiet.
Malus was overjoyed. Plainly his last move had been a successful one. The powers had at last shown their hand. Now he wassurewhat the result of the trial would be. He shot a glance of triumph at Piso; and was in the act of rising to go and pay his respects to his excellencyand offer his services toward making the sick man still more uncomfortable, when the voice of the crier was heard, loudly demanding order and announcing the opening of the court. He looked at the tribunal. The Prætor and Judges were already in their places. So the best he could do was to throw toward his Roman friends, so opportunely arrived, as much of a mingled look of concern and sympathy and welcome as his wooden face would permit.
According to Roman forms, the advocate of the plaintiff first stated briefly his accusation. Some thirty years ago a merchant from Chaldea visited the city; made Malus his agent for the sale of certain costly goods to be sent to him from time to time; and, from that time to this, made frequent and heavy consignments—at first satisfactorily, but with growing dissatisfaction as the years went on, on account of the smallness of the returns; this smallness being ascribed by Malus partly to losses in transit from shipwreck and robberies, partly to enormous custom-house exactions, and partly to poor markets. Finally, the suspicions of the merchant became so strong that he sent his friend Cimon to Alexandria to make inquiries and to take such action as his representative as should seem fitting. Inquiries had shown that the statements of Malus were false at all points—the receipts which he had given as harbor-master show that all the goods sent have been received in good condition; the registers of the custom house, which his excellency the Governor has allowed to be examined, show that only a part of the goods received have been entered for duty, and that the duty actually paid on the part entered has been far less than reported (as also appears from the testimony of the chief of the customhouse): finally, the testimony of the leading houses engaged in the eastern trade, including that of Malus himself, shows that the market price for nearly all the thirty years has been far higher than Malus has reported. Proof of all these statements would be submitted at the proper time. In view of them it appears that Malus is indebted to Cimon, the agent, in the sum of one million gold staters, exclusive of the interest which the law allows in such cases. The Judges could now see why Malus could wish to discredit Cimon as a low criminal and remove both him and his companion from the scene. It was to discredit and, if possible, prevent a suit that threatened him with ruin of both fortune and reputation.
Did the plaintiff accept these statements as correct? Cimon accepted.
Then the advocate of Malus briefly denied the charge, and stated as chief points of the defense—that the harbor-receipts, beyond those for goods actually found registered at the custom house, are forgeries; that what purported to be Malus’s accounts to his Chaldean principal of exorbitant duties and poor markets were also forgeries; that very many of his accounts and remittances had been ignored; that, instead of owing the Chaldean anything, he had dealt with him on a principle of large liberality, and had paid him considerably more than he could equitably claim. He expected to show that his client was the object of a great conspiracy—that people whom nobody knew, whose very names were fictitious, and who certainly had no visible standing and reliability, had conspired to rob and ruin a man of the first standing; and had craftily taken advantage of old feuds and religious differences to secure abettors. The case was really onebetween the allegations of nobodies and those of a prominent and honored citizen.
Did the defendant accept these statements? Malus accepted.
Here Sextus Flaccus struggled to his feet, and with the help of his father and the well-meant hindrance of the other Romans about him, feebly and slowly made his way to the opposite benches. Malus was yet standing and saw every movement. He had just finished one oath—and he felt like taking another. It was with difficulty that he commanded himself enough to sink quietly into his seat. What could this mean? Had his agents betrayed him? Had the stars, and the magic spells, and the mighty demons, and even Avilleus Flaccus at last failed him? He was almost stunned by the sudden fall from the heights of confidence to the depths of discouragement.
As soon as the room was again quiet, Piso produced his documents and witnesses. After these had been canvassed by both parties, Piso proceeded to sum up for Cimon somewhat after this manner:
“It is a very easy thing to cry ‘forgery’ and ‘conspiracy.’ Anybody can do that, provided he has no conscience. I demand that my client beproveda forger and conspirator. Until that is done he has a legal right to be considered innocent.
“I happened to foresee what course the defense would take, and so was very glad to meet, yesterday, in the city, the Superintendent of Customs at Myos Hermos. This man, who has held his post for more than forty years, and is well known to the authorities here as reliable beyond question, has testified that all theparcels of goods which we claim to have been sent from the East were duly received and recorded at his port, and thence forwarded to Alexandria, and acknowledged by Malus as harbor-master. This settles the matter. Malus has received in good condition all the goods sent him—his sworn denials and charges of forgery to the contrary notwithstanding.
“Just here I call the attention of the Judges to a noteworthy fact: we did not send for this venerable witness from Myos Hermos. Though we thought of him and wanted him, we knew that we could not bring him in time for the trial. How, then, does it happen that he is here so opportunely? You have heard his explanation. He had no particular business of his own to draw him to the city, nor was he aware of the present suit; only he felt pressed and drawn to be here on a certain day by a mysterious influence which he was afraid to resist. It looks as if the very Heavens themselves were concerned to have justice done in this case.
“We have seen that Malus received, in good condition, all the goods sent. Only one question remains: Has he duly accounted for them all to his principal? The accounts which have been submitted to the Court—accounts apparently in his own handwriting, and which leading experts pronounce to be genuine—say No. They say that many parcels have never been received; that others came to hand in a damaged condition; that the duties on almost all received were much larger and the market-prices much smaller than the actual. But Malus declares that these accounts are not genuine: they are clever counterfeits, gotten up for the purpose of robbing and ruining him. The accounts which he actually sentwere very different, and correctly represent duties and prices and everything. All this he simply asserts. He makes no attempt toprovehis assertion: and I might well content myself with a simple counter-assertion. But I will not do this. He says that he has sent to the East, accounts correct in every particular, which have been suppressed. To this I answer that all such accounts, with remittances, imply as many acknowledgments from the receiver. No merchant here, least of all Malus, would go on sending accounts with moneys, year after year for thirty years, without getting acknowledgments for the same in the handwriting of the receiver or his authorized proxy. Let Malus produce such acknowledgments. He cannot do it. He has none to present.
“But Malus alleges that the case is one of contest of reputations. It is the assertion of a Nobody against the denial of a Somebody. The word of an unknown foreigner ought not to have any weight against the word of that eminent citizen and saint whom everybody in Alexandria knows, and knows to be full of riches and honors and virtues—the man who has never wronged anybody; has never ground the faces of the poor; has never sought to take advantage of Shaphan the Jew, or Athon the Phenician, or Epimetes the Greek, or Plautus the Roman, or anybody else under the wide heaven. Here, behind me, are a few of the people he has dealt with, ready to testify that Malus is not the sort of man to commit smuggling, to swear falsely, or even to be less than most merciful to those in his power! Would Malus like to hear from some of his victims?”
On this Sextus Flaccus rose, and slowly, with feeble voice and many a pause, proceeded to say thathewas avictim, though not an innocent one. No doubt many were surprised to see him there, and still more surprised to see him in that part of the room. All Alexandria knew that he had long been intimate with Malus, and must know not a little of his principles and practices. Indeed he had, he was ashamed to say, to a certain extent shared in them. What sort of life he had lived, disgraceful to himself and his friends, was notorious. It was not necessary for him to specify—he would spare himself that pain. But this he must say, that in all his follies and sins he was always encouraged and often prompted by Malus. His intemperance, his violence, his enmities, had always been fanned by that man to the utmost.
Without any help from Malus, he had been very hostile to Cimon the Greek, and Aleph the Chaldean. The latter had hurt his pride, and so humbled him in the presence of others that he burned for revenge. Malus whetted his passion, and prompted him to measures for gratifying it which, bad as he was, he would not otherwise have thought of.
“Malus proposed,” continued Sextus, after pausing to recover breath, “that we make common cause against the two men. He told me frankly what reason he had to fear them, and dwelt artfully on the reasons I had for being revenged upon them. He tried to make me feel that we had a common interest in humbling and suppressing them. He plied me with wine. This and the violence of my passions for a while carried me away and made me a ready tool in his hands.
“But I have changed my mind. I have been at death’s door; and the light that came to me from behind it has shown me three things: my own folly and guilt,the utterly unscrupulous character of my tempter, and the thorough goodness of at least one of the men (and presumably of his friend and preceptor) whom we had been seeking to injure—may Heaven forgive me, as he has done! To him I owe my life and an opportunity to mend my ways. We had sought to dishonor him, and he knew it. We had done our worst to give him a felon’s name and fate, and he knew it. And yet he delivered me from my enemies, rescued me from death, nursed back my flickering life with the carefulness of a mother. I will tell the whole painful story, if Malus chooses to have me; but it would be to his disadvantage as well as to my shame. I propose, Heaven helping me, to mend my ways after thus publicly confessing the sin of them. I advise Malus to do the same.”
Sextus sank into his seat exhausted. The silence that followed for a few moments thundered. What eyes were not turned on Aleph were fastened on Malus. But the wooden face said nothing; only the wood was several shades darker than usual.
Piso resumed: “The testimony we have just heard is as weighty as it was unexpected. What Sextus Flaccus has now said about the principles and practices of Malus has long been said under breath by great numbers who have dealt with him. It is well understood in the city that Malus is not a man to stop at any safe way of accomplishing his purposes of gain, or any other purposes. A whole army of victims would appear against him, if it could be understood that it would be safe to do so—would have appeared long ago but for the conviction that the monster that devours them is too big a monster and too well fenced by his scales to be successfully attacked,or even complained of. He is the successor of the Lernean Hydra, from whom all but Hercules felt compelled to hide.
“This is the eminent citizen who thinks that nameless Nobodies ought not to have their testimony taken as against him. I admit that Cimon the Greek and Aleph the Chaldean were strangers here a few days ago, and are still strangers to most of our people. And yet they have found means so to introduce themselves to the confidence of some of our most honorable citizens that these citizens are willing to vouch for them: in which case they stand before the law and the public with all the prestige of their sponsors.
“But I am unwilling to have my clients rest their claim to respectability and consideration on the dignity of any other people, however high, who are willing to vouch for them. It is unnecessary. They have an honorable standing of their own. It is written in their very faces and bearing. Who is Cimon the Greek? It appears from this certified copy of the records of the University that thirty years ago a young man with that name and of illustrious Athenian descent greatly distinguished himself above all his companions in all branches of learning and gentlemanly accomplishment. This young man is Cimon the Greek—as two of the older teachers in the University have been able to recognize and are here to testify.
“And who is Aleph the Chaldean? You have only to look upon him to know that he isSomebody: how much of a body, so far as social standing is concerned, this packet which I now take up from the table ought to tell. Those of you who sit near me can see that the sealis yet unbroken. I now break it; and, on removing certain wraps, come to this” (he held up to view a roll of vellum richly blazoned and bearing a broad seal). “This document is bordered with many jewels, the value of which some of you can judge of better than myself, but which yet my limited knowledge of such matters assures me to be quite great enough to authenticate the written contents. So costly a credential as this is beyond the reach of an impostor, and was doubtless chosen for this reason. What are the contents?”
He paused, and read in silence. Then, holding up the vellum so as to display the seal, he resumed:
“This seal bears on it the figure of a crown. The script is in three languages—Latin, Greek, and Chaldean. I will read the Greek:
“To all whom it may concern:“‘I, Jasper Daniel Atropates, King of Median Atropatene and pontiff of the Most High God, foreseeing that occasion may arise for such a document as this, do hereby certify that the bearer is my only son, Prince Aleph Daniel, whom I send with his Greek preceptor and my chief counsellor into Egypt for purposes altogether peaceful, viz.: to study the institutions and learning of the West, to enlarge his knowledge of life and man, and to act for me, in conjunction with his companion, in all my business affairs in that land.“‘To this I affix the seal of my kingdom.’
“To all whom it may concern:
“‘I, Jasper Daniel Atropates, King of Median Atropatene and pontiff of the Most High God, foreseeing that occasion may arise for such a document as this, do hereby certify that the bearer is my only son, Prince Aleph Daniel, whom I send with his Greek preceptor and my chief counsellor into Egypt for purposes altogether peaceful, viz.: to study the institutions and learning of the West, to enlarge his knowledge of life and man, and to act for me, in conjunction with his companion, in all my business affairs in that land.
“‘To this I affix the seal of my kingdom.’
“Such is the document,” said Piso, handing it to the Judges for inspection. After a few moments he resumed:
“In explanation of this document, I would remindthe Court that Atropatene is a Chaldean kingdom of great beauty and fertility, unassailably entrenched among the mountains of Media, where for five hundred years have ruled the descendants of the Hebrew prophet Daniel, to whom it was given by Cyrus the Persian, and to whose descendant Atropates it was confirmed by Alexander the Macedonian. The monarchs of this dynasty have not thought it beneath themselves to do as did Solomon the Magnificent—to engage in commerce with foreign countries and make the superfluities of one land supply the deficiencies of another. Accordingly, when, thirty years ago, Jasper with two other princes passed through the land, he arranged with Malus, then not so well known as he is now, to receive and dispose of such eastern goods as might be sent him by way of the Red Sea, Myos Hermos, and Coptus. Malus did not know that his employer was a sovereign: probably has never known it till now. This is the man whom he has defrauded—trusting that the remoteness of his principal would secure him from detection. But the Heavens have decreed against him—the Heavens which he seems to have forgotten.”
The advocate of Malus made only a brief reply. He dealt in generalities. He asserted and reasserted in many forms, and with much strength of voice, the innocence of his client. Whatever the appearances against him, they were deceptive. To get at real facts we often have to go below the seemings. Wise men have to be on their guard against even their own senses. He would not condemn the notable citizens and officials who had given their support to the other side: at the same time, he must be allowed to say that they have made a grave mistake.They have been misled by circumstantial evidence, as many other intelligent and upright men have been. He had no doubt but that they would some day see their mistake, and be sorry for it. How would they like to have their own reputations and fortunes fall a prey to some plausible adventurer? He hoped that they would never come to that; but it now looked as if no man’s fortune, or even life, would henceforth be safe in Alexandria. He trusted that the eminent Judges would see the peril to which they and all people of consideration are exposed, and, by their verdict, discourage attacks on prominent men, to which envy and cupidity so strongly tempt.
It would not be surprising if his client, amid the pressure and anxieties of so large and varied business, had sometimes made mistakes, sometimes been forgetful, and even sometimes been overborne and distracted to the point of irresponsible insanity. In such circumstances he may have done things which, in his right mind, he never would have done. In the conduct of great and complicated affairs the strain on the mind is often very great; and, for his part, he wondered that it did not give way oftener than it did. He hoped that the Judges would take these considerations into account in making up their verdict; and would not ruin one of their own citizens for the sake of a foreigner, whether prince or peasant. A verdict against Malus would send a large sum out of the country, never to return. Alexandria would be impoverished for the sake of Chaldea.
So the case was submitted. The Judges conferred among themselves for a few moments, and then one of them spoke in a low tone to the Prætor.
The public crier summoned attention, and the Prætor announced:
“I. The Judges have decided that the suit of Malus against Cimon is unsustained, and order that the defendant, discharged from custody, receive damages to the amount of 50,000 staters, the estimated value of the jewels said to have been stolen.
“II. Also, the Judges have decided that the suit of Cimon against Malus is sustained; and order that the latter pay to the former the arrears for thirty years as determined by certain dealers in eastern goods, hereafter to be designated, in view of the actual duties and prices during that period, and counting as genuine both the harbor receipts of Malus and his accounts to his principal as they have been shown here.
“III. Also, it is ordered that Malus be taken into custody until the payment now decreed has been made, and until it has been legally determined whether he is guilty of the crime of smuggling.Licitum est Decedere.”
Aleph and Cimon were overwhelmed with congratulations. The Governor pressed them to become his guests and occupy a vacant palace at Bruchium; but they excused themselves, and begged to be allowed to return unceremoniously with Seti to the Serapeum. They were unable, however, to return as inconspicuously as they wished: for the delegation of students, with Cornelius at their head, insisted on escorting them, and cheering crowds gradually gathered about them, and before they reached the temple they met nearly the whole enthusiastic membership of the University, whom nothing could prevent from rending the air and shaking the city with cries of “Long live Aleph the Prince!”
Who were they who said that poetical justice isalwaysdone in this world? Ah, I remember—they were the friends of Job. Who were they who said that poetical justice isneverdone in actual life? No matter: whoever said it smote facts in the face. I mean such facts as are recorded in this chapter: also such as are recorded in the Bible history of Joseph, but especially of Daniel the prophet, the great ancestor of our Aleph, against whose fortunes the floods of wrong not only surged in vain, but floated them up to higher levels.
Under the sun, the race is not always to the swift, nor the battle to the strong, nor bread to the wise, nor riches to men of understanding, nor favor to men of skill. Sometimes good men have to wait long for their due—sometimes even into the next world. Of course, sooner or later justice will be done. As sure as there is a God in Heaven, justicemustbe done, sooner or later. But we are always thankful when it is donesooner—when a good man does not have to wait for his due till he is dead; when some Daniels and Aleph-Daniels are not only recompensed in the earth, but find the feet of justice not so heavily weighted but that they can reach their goal within a few days of the starting. The weak in faith then thank God and take courage.