18. Pudens actually reproached me with being poor, a charge which is welcome to a philosopher and one that he may glory in. For poverty has long been the handmaid of philosophy; frugal and sober, she is strong in her weakness and is greedy for naught save honour; the possession of her is a prophylactic against wealth, her mien is free from care, and her adornment simple; her counsels are beneficent, she puffs no man up with pride, she corrupts no man with passions beyond his control, she maddens no man with the lust for power, she neither desires nor can indulge in the pleasures of feasting and of love. These sins and their like are usually the nurslings of wealth. Count over all the greatest crimes recorded in the history ofmankind, you will find no poor man among their guilty authors. On the other hand, it is rare to find wealthy men among the great figures of history. All those at whom we marvel for their great deeds were the nurslings of poverty from their very cradles, poverty that founded all cities in the days of old, poverty mother of all arts, witless of all sin, bestower of all glory, crowned with all honour among all the peoples of the world. Take the history of Greece: the justice of poverty is seen inAristides, her benignity inPhocion, her force inEpaminondas, her wisdom in Socrates, her eloquence in Homer. It was this same poverty that established the empire of the Roman people in its first beginnings, and even to this day Rome offers up thanksgivings for it to the immortal gods with libations poured from a wooden ladle and offerings borne in an earthen platter. If the judges sitting to try this case wereCaius Fabricius,Cnaeus Scipio, Manius Curius, whose daughters on account of their poverty were given dowries from the public treasury and so went to their husbands bringing with them the honour of their houses and the wealth of the state; ifPublicola, who drove out the Kings, orAgrippa, the healer of the people's strife, men whose funerals were on account of their poverty enriched by the gift of a few farthings per man from the whole Roman people; ifAtilius Regulus, whose lands on account of his own poverty were cultivated at the public expense; if, in a word, all the heroes of the old Roman stock, consuls and censors and triumphantgenerals, were given a brief renewal of life and sent back to earth to give hearing to this case, would you dare in the presence of so many poor consuls to reproach a philosopher with poverty?
19. Perhaps Claudius Maximus seems to you to be a suitable person before whom to deride poverty, because he himself is in enjoyment of great wealth and enormous opulence. You are wrong, Aemilianus, you are wholly mistaken in your estimate of his character, if you take the bounty of his fortune rather than the sternness of his philosophy as the standard for your judgement and fail to realize that one, who holds so austere a creed and has so long endured military service, is more likely to befriend a moderate fortune with all its limitations than opulence with all its luxury, and holds that fortunes, like tunics, should be comfortable, not long. For even a tunic, if it be not carried high, but is allowed to drag, will entangle and trip the feet as badly as a cloak that hangs down in front. In everything that we employ for the needs of daily life, whatever exceeds the mean is superfluous and a burden rather than a help. So it is that excessive riches, like steering oars of too great weight and bulk, serve to sink the ship rather than to guide it; for their bulk is unprofitable and their superfluity a curse. 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 disguiseof 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?
20. I might even engage with you in controversy over the word poverty, urging that no man is poor who rejects the superfluous and has at his command all the necessities of life, which nature has ordained should be exceedingly small. For he who desires least will possess most, inasmuch as he who wants but little will have all he wants. The measure of wealth ought therefore not to be the possession of lands and investments, but the very soul of man. For if avarice make him continually in need of some fresh acquisition and insatiable in his lust for gain, not even mountains of gold will bring him satisfaction, but he will always be begging for more that he may increase what he already possesses. That isthegenuine admission of poverty. For every desire for fresh acquisition springs from the consciousness of want, and it matters little how large your possessions are if they are too small foryou.Philushad a far smaller household thanLaelius, Laelius than Scipio, Scipio thanCrassusthe Rich, and yet not even Crassus had as much as he wanted; and so, though he surpassed all others in wealth, he was himself surpassed by his own avarice and seemed rich to all save himself. On the other hand, the philosophers of whom I have spoken wanted nothing beyond what was at their disposal, and, thanksto the harmony existing between their desires and their resources, they were deservedly rich and happy. For poverty consists in the need for fresh acquisition, wealth in the satisfaction springing from the absence of needs. For the badge of penury is desire, the badge of wealth contempt. 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.
21. But let us suppose it to be otherwise. Suppose that I am poor, because fortune has grudged me riches, because my guardian, as often happens, misappropriated my inheritance, some enemy robbed me, or my father left me nothing. Is it just to reproach a man for that which is regarded as no reproach to the animal kingdom, to the eagle, to the bull, to the lion? If the horse be strong in the possession of his peculiar excellences, if he is pleasant to ride and swift in his paces, no one rebukes him for the poverty of his food. Must you then reproach me, not for any scandalous word or deed, but simply because I live in a small house, possess an unusually small number of slaves, subsist on unusually light diet, wear unusually light clothing, and make unusually small purchases of food? 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 less I have todistract me the happier I shall be. For the soul, like 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 heavy 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.
22. I therefore regarded it as a compliment when to insult me you asserted that my whole household consisted of a wallet and a staff. Would that my spirit were made of such stern stuff as to permit me to dispense with all this furniture and worthily to carry that equipment for whichCratessacrificed all his wealth! Crates, I tell you, though I doubt if you will believe me, Aemilianus, was a man of great wealth and honour among the nobility of Thebes; but for love of this habit, which you cast in my face as a crime, he gave his large and luxurious household to his fellow citizens, resigned his troops of slaves for solitude, so contemned the countless trees of his rich orchards as to be content with one staff, exchanged his elegant villas for one small wallet, which, when he had fully appreciated its utility, he even praised in song by diverting from their original meaning certain lines of Homer in which he extols the island of Crete. I will quote the first lines, that you may not think thisa mere invention of mine designed to meet the needs of my own case:
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 cloaks embroidered with palm-leaves. The staff and wallet are not, it is true, carried by the Platonic philosophers, but are the badges of the Cynic school. To Diogenes andAntisthenesthey 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 despise 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.
23. But if you despise these examples and challengeme, not to plead my case, but to enter into a discussion of the amount of my fortune, to put an end to your ignorance on this point, if it exists, I acknowledge that my father left my brother and myself a little under 2,000,000 sesterces—a sum on which my lengthy travels, continual studies, and frequent generosity have made considerable inroads. For I have often assisted my friends and have shown substantial gratitude to many of my instructors, on more than one occasion going so far as to provide dowries for their daughters. Nay, I should not have hesitated to expend every farthing of my patrimony, if so I might acquire, what is far better, a contempt for it. But as for you, Aemilianus, and ignorant boors of your kidney, in your case the fortune makes the man. You are like barren and blasted trees that produce no fruit, but are valued only for the timber that their trunks contain. 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 more than to your hideous face, you owe your nickname of Charon.
24. As to my birthplace, you assert that my writings prove it to lie right on the marches of Numidia andGaetulia, for I publicly described myself as half Numidian, half Gaetulian in a discourse delivered in the presence of that most distinguished citizenLollianus Avitus. I do not see that I have any more reason to be ashamed of that than had the elder Cyrus for being of mixed descent, half Mede, half Persian. A man's birthplace is of no importance, it is his character that matters. We must consider not in what part of the world, but with what purpose he set out to live his life. Vendors of wine and cabbages are permitted to enhance the value of their wares by advertising the excellence of the soil whence they spring, as for instance with the wine of Thasos and the cabbages of Phlius. For those products of the soil are wonderfully improved in flavour by the fertility of the district which produces them, the moistness of the climate, the mildness of the winds, the warmth of the sun, and the richness of the soil. But in the case of man, the soul enters the tenement of the body from without. What, then, can such circumstances as these add to or take away from his virtues or his vices? Has there ever been a time or place in which a race has not produced a variety of intellects, although some races seem stupider and some wiser than others? The Scythians are the stupidest of men, and yet the wiseAnacharsiswas a Scyth. The Athenians are shrewd, and yet the AthenianMeletideswas a fool. I say this not because I am ashamed of my country, since even in the time ofSyphaxwe were a township. When he was conquered we were transferred bythe 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 ofduumvirand 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 ofthe dignity of my position. 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.
25. Are you not ashamed to produce such accusations with such violence before such a judge, to bring forward frivolous and self-contradictory accusations, and then in the same breath to blame me on both charges at once? Is it not a sheer contradiction to object to my wallet and staff on the ground of austerity, to my poems and mirror on the ground of undue levity; to accuse me of parsimony for having only one slave, and of extravagance in having three; to denounce me for my Greek eloquence and my barbarian birth? Awake from your slumber and remember that you are speaking before Claudius Maximus, a man of stern character, burdened with the business of the whole province. Cease, I say, to bring forward these emptyslanders. Prove your indictment, prove that I am guilty of ghastly crimes, detestable sorceries, and black art-magic. Why is it that the strength of your speech lies in mere noise, while it is weak and flabby in point of facts?
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 abuse 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 the 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 be true, namely, thatmagician 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 rules 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 temperate, a fourth the bravest. And one of these teaches the boy the magic ofZoroaster the son of Oromazes; and this magic is no other than the worship of the gods. He also teaches him the arts of kingship.'
26. Do you hear, you who so rashly accuse the art of magic? It is an art acceptable to the immortal gods, full of all knowledge of worship and of prayer, full of piety and wisdom in things divine, full of honour and glory since the day when Zoroaster and Oromazes established it, high-priestess of the powers of heaven. Nay, it is one of the first elements of princely instruction, nor do they lightly admit any chance person to be a magician, any more than they would admit him to be a king.Plato—if I may quote him again—in another passage dealing with a certainZalmoxis, a Thracian and also a master of this art, has written that 'magical charms are merely beautiful words'. If that is so, why should I be forbidden to learn the fair words of Zalmoxis or the priestly lore of Zoroaster? 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 they 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 capital 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.
27. But it is a common and general error of the uninitiated to bring the following accusations against philosophers. Some of them think that those who explore the origins and elements of material things are irreligious, and assert that they deny the existence of the gods. Take, for instance, the cases ofAnaxagoras,Leucippus,Democritus, andEpicurus, and other natural philosophers. Others call those magicians who bestow unusual care on the investigation of the workings of providence and unusual devotion on their worship of the gods, as though, forsooth, they knewhowto perform everything that they know actually tobeperformed. SoEpimenides, Orpheus, Pythagoras, andOstaneswere regarded as magicians, while a similar suspicion attached tothe 'purifications' of Empedocles,the 'demon' of Socratesandthe 'good'of Plato. I congratulate myself therefore on being admitted to such distinguished company.
I fear, however, Maximus, that you may regard the empty, ridiculous and childish[9]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 thegourmand, is permitted to do for the satisfaction of his gluttony? 'What,' he asks, 'induced a free woman to marry you after thirteen years of widowhood?' 'Surely,' I answer, 'it is more remarkable that she should have remained a widow so long.' 'Why, before she married you, did she express certain opinions in a letter?' 'Is it reasonable,' I ask, 'to demand of any one the reasons of another person'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 years her junior. There are more charges equally frivolous. 'Apuleius,' he persists, 'keeps a mysterious object in his house which he worships with veneration.' Surely it would be 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 ofdisease 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?
28. I should run but small risk if I were to content myself with what I have already said and begin my peroration. But since as a result of the length at which my accusers spoke, the water-clock still allows me plenty of time, let us, if there is no objection, consider the charges in detail. I will deny none of them, be they true or false. I will assume their truth, that this great crowd, which has gathered from all directions to hear this case, may clearly understand not only that no true incrimination can be brought against philosophers, but that not even any false charge can be fabricated against them, which—such is their confidence in their innocence—they will not be prepared to admit and to defend, even though it be in their power to deny it. 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 married for love and not for money. This marriage of ours caused frightful annoyance anddistress 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 accuses 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 villainous accusation—is more likely to resemble his uncle Aemilianus than his brother Pontianus.
29. I will now, as I promised, take Aemilianus' ravings one by one, beginning with that charge which you must have noticed was given the place of honour in the accuser's speech, as his most effective method of exciting suspicion against me as a sorcerer, the charge that I had sought to purchase certain kinds of fish from some fishermen. Which of these two points is of the slightest value as affording suspicion of sorcery? That fishermen sought to procure me the fish? Would you have me entrust such a task to gold-embroiderers or carpenters, and, to avoid your calumnies, make them change their trades so that the carpenter would net me the fish, and the fisherman take his place and hew his timber? Or did you inferthat the fish were wanted for evil purposes because I paid to get them? I presume, if I had wanted them for a dinner-party, I should have got them for nothing. Why do not you go farther and accuse me on many similar grounds? I have often bought wine and vegetables, fruit and bread. The principles laid down by you would involve the starvation of all purveyors of dainties. Who will ever venture to purchase food from them, if it be decided that all provisions for which money is given are wanted not for food but for sorcery? 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 matter 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.
30. 'You seek to purchase fish,' says he. I will not deny it. But, I ask you, is any one who does that a magician? No more, in my opinion, than if I should seek to purchase hares or boar's flesh or fatted capons. Or is there something mysterious in fish and fish alone, hidden from all save sorcerers only? If you know what it is, clearly you are a magician. If you do notknow, you must confess that you are bringing an accusation of the nature of which you are entirely ignorant. To think that you should be so ignorant not only of all literature, but even of popular tales, that you cannot even invent charges that will have some show of plausibility! For of what use for the kindling of love is an unfeeling chilly creature like a fish, or indeed anything else drawn from the sea, unless indeed you propose to bring forward in support of your lie the legend that Venus was born from the sea? 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 yourVergil, 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.
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 fromscaly 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 anentrée; he mentions herbs and young shoots, you talk of scales and bones; he crops the meadow, you search the waves. I would also have quoted for your benefit similar passages fromTheocrituswith many others fromHomerandOrpheus, 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 readLaevius[10]will recognize the lines.
31. You would have made out a far more plausible case by pretending that I made use of such things instead of fish, if only you had possessed the slightest erudition. For the belief in the use of these things is so widespread that you might have been believed. But of what use are fish save to be cooked and eaten at meals? In magic they seem to me to be absolutelyuseless. I will tell you why I think so. 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 certain 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 released and thrown back into the sea. He would assuredly never have allowed them to slip 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 thatHomer, a poet of manifold or, rather I should say, absolute knowledge of all that may be known, spoke of the power of all the drugs that earth produces, but made no mention of the sea, when speaking of a certain witch, he wrote the line:
All drugs, that wide earth nourishes, she knew.
Similarly in another passage he says:
But never in the works of Homer didProteusanoint his face norUlysseshis magic trench, norAeolushis windbags, norHelenher mixing bowl, norCirceher cup, norVenusher girdle, with any charm drawnfrom the sea or its inhabitants. You alone within the 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 sorcerers at their rites used to call onMercurythe giver of oracles, Venus that lures the soul, the moon that knows the mystery of the night, andTriviathe mistress of the shades, you will transfer Neptune, withSalaciaandPortumnusand all the company of Nereids from the cold tides of the sea to the burning tides of love.
32. I have given my reasons for refusing to believe that magicians and fish have anything to do with one another. But now, if it please you, we will assume with Aemilianus that fish are useful for making magical charms as well as for their usual purposes. But does that prove that whoever acquires fish isipso factoa magician? On those lines it might be urged that whoever acquires a sloop is a pirate, whoever acquires a crowbar a burglar, whoever acquires a sword an assassin. You will say that there is nothing in the world, however harmless, that may not be put to some bad use, nothing so cheerful that it may not be given a gloomy meaning. And yet we do not on that account put a bad interpretation on everything, as though, for instance, you should hold that incense, cassia, myrrh, and similar other scents are purchased solely for the purpose of funerals; whereas they are also used for sacrifice and medicine. But on the linesof your argument you must believe that even the comrades ofMenelauswere 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 category of sorcerers seamews, dolphins, and the lobster;gourmandsalso, who sink whole fortunes[12]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 or 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 those drugs are capable of killing a man?
33. However, let us see what these fish were, fish so necessary for my possession and so hard to find, that they were well worth the price I paid for their acquisition. They have mentioned no more than three. To one they gave a false name; as regards the other two they lied. The name was false, for they asserted that the fish was a sea-hare, whereas it was quite another fish, which Themison, my servant, who knows something of medicine, as you heard from his own lips, bought of his own suggestion for me to inspect. For, as a matter of fact, he has not as yetever come across a sea-hare. But I admit that I search for other kinds of fish as well, and have commissioned not only fishermen but private friends to search for all the rarest kinds of fish, begging them either to describe the appearance of the fish or to send it me, if possible, alive, or, failing that, dead. Why I do so I will soon make clear. My accuserslied—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 failed, 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 difficulty by turning to my works and quoting a certain passage from them in which I described the attitude of a statue of Venus.
34. He also with that lofty puritanism which characterizes him, reproached me for not being ashamed to describe foul things in noble language. I might justly retort on him that, though he openly professes the study of eloquence, that stammering voice of his often gives utterance to noble things so basely as to defile them, and that frequently, when what he has to say presents not the slightest difficulty, he begins to stutter or even becomes utterly tongue-tied. Come now! Suppose I had said nothing about the statue of Venus, nor used the phrase which was of such service to you, what words would you have foundto frame a charge, which is as suited to your stupidity as to your powers of speech? I ask you, is there anything more idiotic than the inference that, because the names of two things resemble each other, the things themselves are identical? 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 were 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 lying 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.
35. Further, I reply that you were quite ignorant of the nature of the objects which you pretended that I sought to acquire. For these worthless fish you mention can be found on any shore in heaps and multitudes, and are cast up on dry land by the merest ripple without any need for human agency. Why do you not say that at the same time I commissioned large numbers of fishermen to secure for me at a price striped sea-shells from the shore, smooth pebbles, crabs' claws, sea-urchins' husks, the tentacles of cuttlefish, shingle, straws, cordage, not to mention[13]worm-eaten oyster-shells, moss, and seaweed, and all the flotsam of the sea that the winds drive, or the salt wave casts up, or the storm sweeps back, or the calm leaves high and dry all along our shores? For their names are no less suitable than those I mentioned above for the purpose of awakening suspicions. 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 crab 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 uttered these charges of theirs, as though they were serious and cogent, while I laughed at their stupidity, I marvelled at your patience.
36. However, since he takes so much interest in my affairs, I will now tell Aemilianus why I have examined so many fishes already and why I am unwilling to remain in ignorance of some I have not yet seen. Although he is in the decline of life and suffering from senile decay, let him, if he will, acquire some learning even at the eleventh hour. Let him read the works of the philosophers of old, that now at any rate he may learn that I am not the first ichthyologist, but follow in the steps of authors, centuries my seniors, such as Aristotle,Theophrastus,Eudemus,Lycon, and the other successors of Plato,who have left many books on the generation, life, parts and differences of animals. 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 friends 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.
37. The poet Sophocles, the rival and survivor of Euripides—for he lived to extreme old age—on being accused by his own son of insanity on the groundthat the advance of age had destroyed his wits, is said to have produced that matchless tragedy, hisOedipus Coloneus, on which he happened to be engaged at the time, and to have read it aloud to the jury without adding another word in his defence, except that he bade them without hesitation to condemn him as insane if an old man's poetry displeased them. At that point—so I have read—the jury rose to their feet as one man to show their admiration of so great a poet, and praised him marvellously both for the shrewdness of his argument and for the eloquence of his tragic verse. And indeed they were not far off unanimously condemning the accuser as the madman instead.
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. (A passage from the book is read.)
38. You hear, Maximus. You have doubtless frequently read the like in the works of ancient philosophers. Remember too that these volumes of mine describe fishes only, distinguishing those that spring from the union of the sexes from those which are spontaneously generated from the mud, discussing how often and at what periods of the year the males and females of each species come together, setting forth the distinction established by nature between those of them who are viviparous and those who areoviparous—for thus I translate the Greek phrasesζῳοτόκαandᾠοτόκα—together with the causes of this distinction and the organic differences by which it is characterized, in a word—for I would not weary you by discussing all the different methods of generation in animals—treating of the distinguishing marks of species, their various manners of life, the difference of their members and ages, with many other points necessary for the man of science but out of place in a law-court. 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 to-day, 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 words 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.Σελάχεια μαλάχεια μαλακόστρακα χονδράκανθα ὀστρακόδερμα καρχαρόδοντα ἀμφίβια λεπιδωτὰ φολιδωτὰ δερμόπτερα στεγανόποδα μονήρη συναγελαστικά. I might continue the list, but it is notworth 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. (The translation is read. The Latin names are lost.)
39. What think you? Is it disgraceful for a philosopher who is no rude and unlearned person of the reckless Cynic type, but who remembers that he is a disciple of Plato, is it disgraceful for such an one to know and care for such learning or to be ignorant and indifferent? to know how far such things reveal the workings of providence, or to swallow all the tales his father and mother told him of the immortal gods?Quintus Enniuswrote 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:
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 names both in Greek and Latin.
40. Enough of this! I call your attention to another point. What if I take such interest and possess such skill in medicine as to search for certain remedies in fish? For assuredly as nature with impartial munificence has distributed and implanted many remedies throughout all other created things, so also similar remedies are to be found in fish. Now, do you think it more the business of a magician than of a doctor, or indeed of a philosopher, to know and seek out remedies? For the philosopher will use them not to win money for his purse, but to give assistance to his fellow men. The doctors of old indeed knew how to cure wounds by magic song, asHomer, the most reliable of all the writers of antiquity, tells us, making the blood of Ulysses to be stayed by a chant as it gushed forth from a wound. Now nothing that is done to save life can be matter for accusation. '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 treatiseson 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 large 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 follow 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[14]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 respect, 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.
41. 'You dissected a fish,' says he. Who can callthis a crime in a philosopher which would be no crime in a butcher or cook? 'You dissected a fish.' Perhaps you object to the fact that it was raw. You would not regard it as criminal if I had explored its stomach and cut up its delicate liver after it was cooked, as you teach the boy Sicinius Pudens to do with his own fish at meals.And yet it is a greater crimefor a philosopher to eat fish than to inspect them. Are augurs to be allowed to explore the livers of victims and may not a philosopher look at them too, a philosopher who knows that he can draw omens from every animal, that he is the high-priest of every god? Do you bring that as a reproach against me which is one of the reasons for the admiration with which Maximus and myself regard Aristotle? Unless you drive his works from the libraries and snatch them from the hands of students you cannot accuse me. But enough! I have said almost more on this subject than I ought.
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 suppose, 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' andNicander'On the bites of wild animals'; otherwise they would have accused me of poisoning as well! As a matter of fact I have acquireda 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 masterPlato, who says that those who make such investigations as these 'pursue a delightful form of amusement which they will never regret'.
42. Since I have sufficiently cleared up this business of the fish, listen to another of their inventions equally stupid, but much more extravagant and far more wicked. They themselves knew that their argument about the fish was futile and bound to fail. They realized, moreover, its strange absurdity (for who ever heard of fish being scaled and boned for dark purposes of magic?), they realized that it would be better for their fictions to deal with things of more common report, which have ere now been believed. And so they devised the following fiction which does at least fall within the limits of popular credence and rumour. They asserted that I had taken a boy apart to a secret place with a small altar and a lantern and only a few accomplices as witnesses, and there so bewitched him with a magical incantation that he fell in the very spot where I pronounced the charm, and on being awakened was found to be out of his wits. They did not dare to go any further with the lie. To complete their story they should have added that the boy uttered many prophecies. 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 learnedmen. I remember reading various relations of the kind in the philosopherVarro, 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 atan image of Mercuryreflected 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 ofMarcus Catothe philosopher. This coin Cato acknowledged he had received from a certain lackey as a contribution to the treasury of Apollo.
43. I have read this and the like concerning boys and art-magic in several authors, but I am in doubt whether to admit the truth of such stories or no, although I believePlatowhen he asserts that there are certain divine powers holding a position and possessing a character midway between gods and men, and that all divination and the miracles of magicians are controlled by them. Moreover it is my own personal opinion that the human soul, especially when it is young and unsophisticated, may by the allurement of music or the soothing influence of sweet smells be lulled into slumber and banished intooblivion of its surroundings so that, as all consciousness of the body fades from the memory, it returns and is reduced to its primal nature, which is in truth immortal and divine; and thus, as it were in a kind of slumber, it may predict the future. 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, befair 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 by any loss of memory. For, asPythagorassaid, 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 mentioned, 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, his 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 uponhis feet. For he is continually lying down, either a seizure or mere weariness[15]causing him to collapse.
44. Yet you say that it is my incantations that have overwhelmed him, simply because he has once chanced to have a fit in my presence. Many of his fellow servants, whose appearance as witnesses you have demanded, are present in court. They all can tell you why it is they spit upon Thallus, and why no one ventures to eat from the same dish with him or to drink from the same cup. But why do I speak of these slaves? You yourselves have eyes. Deny then, if you dare, that Thallus used to have fits of epilepsy long before I came to Oea, or that has frequently been shown to doctors. Let his fellow slaves who are in your service deny this: 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 to-day. 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 living in the town are present to-day. 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 wehave 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 his 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 onewho 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.
45. Here are fourteen slaves whom you bade me produce in court. Why do you refuse to question them? You want one epileptic boy who, you know as well as I, has long been absent from Oea. What clearer evidence of the falseness of your accusations could be desired? Fourteen slaves are present, as you required; you ignore them. One young boy is absent: you concentrate your attack on him. What is it that you want? Suppose Thallus were present. Do you want to prove that he had a fit in my presence? Why, I myself admit it. You say that this was the result of incantation. I answer that the boyknows nothing about it, and that I can prove that it was not so. Even you will not deny that Thallus was epileptic. Why then attribute his fall to magic rather than disease? Was there anything improbable in his suffering that fate inmypresence, which he has often suffered on other occasions in the presence of a number of persons? 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 namedgagatesis an equally sure and easy proof of the disease? For 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 weakens 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 accusersdoesdetract from his credibility. It would have been easier for you, Aemilianus, and your evidence would have carriedmuch 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?
46. At this point Tannonius Pudens, like the old hand he is, saw that this lie also was falling flat and was doomed to failure by the frowns and murmurs of the audience, and so, in order to check the suspicions of some of them by kindling fresh expectations, he said that he would produce other boys as well whom I had similarly bewitched. He thus passed to another line of accusation. 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? Ifhedoes not remember his instructions, 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. Why do you turn pale? Why are you silent? Is this the way to bring an accusation? Isthis 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 of 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?
47. You have demanded fifteen slaves to support an accusation of magic; how many would you be demanding if it were a charge of violence? The inference is that fifteen slaves know something, and that something is still a mystery. Or is it nothing mysterious and yet something connected with magic? You must admit one of these two alternatives: either the proceeding to which I admitted so many witnesses had nothing improper about it, or, if it had, it should not have been witnessed by so many. Now this magic of which you accuse me is, I am told, a crime in the eyes of the law, and was forbidden in remote antiquity by theTwelve Tablesbecause in some incredible manner crops had been charmed away from one field to another. It is then as mysterious an art as it is loathly and horrible; it needs as a rule night-watches and concealing darkness, solitude absolute and murmured incantations, to hear which few free men are admitted, not to speak of slaves. And yet you will have it that there were fifteen slaves present on this occasion. Was it a marriage? or any other crowdedceremony? or a seasonable banquet? Fifteen slaves take part in a magic rite as though they had been createdquindecimvirsfor the performance of sacrifice! Is it likely that I should have permitted so large a number to be present on such an occasion, if they were too many to be accomplices? Fifteen free men form a borough, fifteen slaves a household, fifteen fettered serfs a chain-gang. Did I need such a crowd to help me by holding the lustral victims during the lengthy rite? No! the only victims you mentioned were hens! Were they to count the grains of incense? or to knock Thallus down?
48. You assert also that by promising to heal her I inveigled to my house a free woman who suffered from the same disease as Thallus; that she, too, fell senseless as a result of my incantations. It appears to me that you are accusing a wrestler not a magician, since you say that all who visited me had a fall. And yet Themison, who is a physician and who brought the woman for my inspection, denied, when you asked him, Maximus, that I had done anything to the woman other than ask her whether she heard noises in her ears, and if so, which ear suffered most. He added that she departed immediately after telling me that her right ear was most troubled in that way. 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 had spent muchtime 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,' said they. '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 litigants are called pleaders ofcauses, 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 is 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 inquiry. 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 involveneither 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.
49. The philosopher Plato, in his glorious work,theTimaeus, sets forth with more than mortal eloquence the constitution of the whole universe. After discoursing with great insight onthe three powers that make up man's soul, and showing with the utmost clearness the divine purpose that shaped our various members, he treats of the causes of all diseases under three heads. The first cause lies in the elements of the body, when the actual qualities of those elements, moisture and cold and their two opposites, fail to harmonize. That comes to pass when one of these elements assumes undue proportions or moves from its proper place. The second cause of disease lies in the vitiation of those components of the body which, though formed out of the simple elements, have coalesced in such a manner as to have a specific character of their own, such as blood, entrails, bone, marrow, and the various substances made from the blending of each of these. Thirdly, the concretion in the body of various juices, turbid vapours, and dense humours is the last provocative of sickness.