Chapter IV: Introduction (3)

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 are oviparous--for thus I translate the Greek phrases [Greek: zootoka] and [Greek: ootoka]--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. [Greek: Selacheia malacheia malakostraka chondrakantha ostrakoderma karcharodonta amphibia lepidota pholidota dermoptera steganopoda monere synagelastika]. I might continue the list, but it is not worth wasting time over such trifles, and I need time to deal with other charges. Meanwhile read out my translation into Latin of the few names I have just given you. (_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 Ennius wrote a poem on dainties: he there enumerates countless species of fish, which of course he had carefully studied. I remember a few lines and will recite them:

_Clipea's sea-weasels are of all the best,
For 'mice' the place is Aenus; oysters rough
In greatest plenty from Abydos come.
The sea-comb's found at Mitylene and
Ambracian Charadrus, and I praise
Brundisian sargus: take him, if he's big.
Know that Tarentum's small sea-boar is prime;
The sword-fish at Surrentum thou shouldst buy;
Blue fish at Cumae. What! have I passed by
Scarus? the brain of Jove is not less sweet.
You catch them large and good off Nestor's home.
Have I passed by the black-tail and the 'thrush',
The sea-merle and the shadow of the sea?
Best to Corcyra go for cuttlefish,
For the acarne and the fat sea-skull
The purple-fish, the little murex too,
Mice of the sea and the sea-urchin sweet._

He glorified many fish in other verses, stating where each was to be found and whether they were best fried or stewed, and yet he is not blamed for it by the learned. Spare then to blame me, who describe things known to few under elegant and appropriate 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, as Homer, 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 treatises on the organs of all kind of animals, describing the place, number and purpose of their various parts, diligently investigating Aristotle's works on anatomy and adding to them where necessary. I am, therefore, greatly surprised that you are only aware of my having inspected one small fish, although I have actually inspected a very 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.

[Footnote 14: _vocem_ (Colvius).]

41. 'You dissected a fish,' says he. Who can call this 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 crime for 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' and Nicander 'On the bites of wild animals'; otherwise they would have accused me of poisoning as well! As a matter of fact I have acquired a knowledge of these subjects thanks to my reading of Aristotle and my desire to emulate him. I owe something also to the advice of my master Plato, who 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 learned men. I remember reading various relations of the kind in the philosopher Varro, a writer of the highest learning and erudition, but there was the following story in particular. Inquiry was being made at Tralles by means of magic into the probable issue of the Mithridatic war, and a boy who was gazing at an image of Mercury reflected in a bowl of water foretold the future in a hundred and sixty lines of verse. He records also that Fabius, having lost five hundred denarii, came to consult Nigidius; the latter by means of incantations inspired certain boys so that they were able to indicate to him where a pot containing a certain portion of the money had been hidden in the ground, and how the remainder had been dispersed, one denarius having found its way into the possession of Marcus Cato the philosopher. This 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 believe Plato when 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 into oblivion 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, be fair and unblemished in body, shrewd of wit and ready of speech, so that a worthy and fair shrine may be provided for the divine indwelling power--if indeed such a power does enter into the boy's body--or that the boy's mind when wakened may quickly apply itself to its inherent powers of divination, find them ready to its use and reproduce their promptings undulled and unimpaired by any loss of memory. For, as Pythagoras said, not every kind of wood is fit to be carved into the likeness of Mercury. If that be so, tell me who was that healthy, unblemished, intelligent, handsome boy whom I deemed worthy of initiation into such mysteries by the power of my spells. As a matter of fact, Thallus, whom you 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 upon his feet. For he is continually lying down, either a seizure or mere weariness[15] causing him to collapse.

[Footnote 15: _seu_ (Casaubon).]

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 we have produced as to where the boy Thallus is and what is the state of his health; I ask you to question my accuser's slaves. They will not deny that this boy is of revolting appearance, that 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 one who might fairly be produced at the offering of sacrifice, whom one might touch upon the head and clothe in a fair white cloak in expectation of some prophetic reply from his lips. I only wish he were present. I would have entrusted him to your tender mercies, Aemilianus, and would be ready to hold him myself that you might question him. Here in open court before the judges he would have rolled his wild eyes upon you, he would have foamed at the mouth, spat in your face, drawn in his hands convulsively, shaken his head and fallen at last in a fit into your arms.

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 boy knows 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 in _my_ presence, 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 named _gagates_ is 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 accusers _does_ detract from his credibility. It would have been easier for you, Aemilianus, and your evidence would have carried much more weight, had you said that you were present at the rite and had been mad ever since, instead of entrusting the whole business to the evidence of boys as though it were a mere joke. A boy had a fit, a boy saw him. Was it also some boy that bewitched him?

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? If _he_ does 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? Is this the way to indict a man on so serious a charge? Is it not rather an insult to so distinguished a citizen as Claudius Maximus, and a false and slanderous persecution 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 the Twelve Tables because 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 crowded ceremony? or a seasonable banquet? Fifteen slaves take part in a magic rite as though they had been created _quindecimvirs_ for 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 much time in discussing these points and asserting that I had bewitched the woman, and after the doctor who was present on that occasion had denied that I had done so, you, with shrewdness more than human, asked them what profit I derived from my incantations. They replied, 'The woman had a fit.' 'What then?' you asked, 'Did she die?' 'No,' 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 of _causes_, because they set forth the causes of each particular act. To deny a fact is easy and needs no advocate, but it is far more arduous and difficult a task to demonstrate the rightness or wrongness of a given action. It 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 involve neither blame nor guilt, as to impart to you something worthy of your hearing and interesting to one of your erudition. I will tell you in as few words as possible. I have only to call your attention to certain facts. To instruct you would be presumption.

49. The philosopher Plato, in his glorious work, the _Timaeus_, sets forth with more than mortal eloquence the constitution of the whole universe. After discoursing with great insight on the 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.

50. Of these causes that which contributes most to epilepsy, the disease of which I set out to speak, is a condition when the flesh is so melted by the noxious influence of fire as to form a thick and foaming humour. This generates a vapour, and the heat of the air thus compressed within the body causes a white and eruptive ferment. If this ferment succeeds in escaping from the body, it is dispersed in a manner that is repulsive rather than dangerous. For it causes an eczema to break out upon the surface of the skin of the breast and mottles it with all kinds of blotches. But the person to whom this happens is never again attacked with epilepsy, and so he rids himself of a most sore disease of the spirit at the price of a slight disfigurement of the body. But if, on the other hand, this dangerous corruption[16] be contained within the body and mingle with the black bile, and so run fiercely through every vein, and then working its way upwards to the head flood the brain with its destructive stream, it straightway weakens that royal part of man's spirit which is endowed with the power of reason and is enthroned in the head of man, that is its citadel and palace. For it overwhelms and throws into confusion those channels of divinity and paths of wisdom. During sleep it makes less havoc, but when men are full of meat and wine it makes its presence somewhat unpleasantly felt by a choking sensation, the herald of epilepsy. But if it reaches such strength as to attack the heads of men when they are wide awake, then their minds grow dull with a sudden cloud of stupefaction and they fall to the ground, their bodies swooning as in death, their spirit fainting within them. Men of our race have styled it not only the 'Great sickness' and the 'Comitial sickness', but also the 'Divine sickness', in this resembling the Greeks, who call it [Greek: hiera nosos], the holy sickness. The name is just; for this sickness does outrage to the rational part of the soul, which is by far the most holy.

[Footnote 16: _putredo_ (conj. Helm).]

51. You recognize, Maximus, the theory of Plato, as far as I have been able to give it a lucid explanation in the time at my disposal. I put my trust in him when he says that the cause of epilepsy is the overflowing of this pestilential humour into the head. My inquiry therefore was, I think, reasonable when I asked the woman whether her head felt heavy, her neck numb, her temples throbbing, her ears full of noises. The fact that she acknowledged these noises to be more frequent in her right ear was proof that the disease had gone home. For the right-hand organs of the body are the strongest, and therefore their infection with the disease leaves small hope of recovery. Indeed Aristotle has left it on record in his _Problems_ that whenever in the case of epileptics the disease begins on the right side, their cure is very difficult. It would be tedious were I to repeat the opinion of Theophrastus also on the subject of epilepsy. For he has left a most excellent treatise on convulsions. He asserts, however, in another book on the subject of animals ill-disposed towards mankind, that the skins of newts--which like other reptiles they shed at fixed intervals for the renewal of their youth--form a remedy for fits. But unless you snatch up the skin as soon as it be shed, they straightway turn upon it and devour it, whether from a malign foreknowledge of its value to men or from a natural taste for it. I have mentioned these things, I have been careful to quote the arguments of renowned philosophers, and to mention the books where they are to be found, and have avoided any reference to the works of physicians or poets, that my adversaries may cease to wonder that philosophers have learnt the causes of remedies and diseases in the natural course of their researches. Well then, since this woman was brought to be examined by me in the hope that she might be cured, and since it is clear both from the evidence of the physician who brought her and from the arguments I have just set forth that such a course was perfectly right, my opponents must needs assert that it is the part of a magician and evildoer to heal disease, or, if they do not dare to say that, must confess that their accusations in regard to this epileptic boy and woman are false, absurd, and indeed epileptic.

52. Yes, Aemilianus, if you would hear the truth, _you_ are the real sufferer from the falling sickness, so often have your false accusations failed and cast you helpless to the ground. Bodily collapse is no worse than intellectual, and it is as important to keep one's head as to keep one's feet, while it is as unpleasant to be loathed by this distinguished gathering as to be spat upon in one's own chamber. But you perhaps think yourself sane because you are not confined within doors, but follow the promptings of your madness whithersoever it lead you: and yet compare your frenzy with that of Thallus; you will find that there is but little to choose between you, save that Thallus confines his frenzy to himself, while you direct yours against others; Thallus distorts his eyes, you distort the truth; Thallus contracts his hands convulsively, you not less convulsively contract with your advocates; Thallus dashes himself against the pavement, you dash yourself against the judgement-seat. In a word, whatever he does, he does in his sickness erring unconsciously; but you, wretch, commit your crimes with full knowledge and with your eyes open, such is the vehemence of the disease that inspires your actions. You bring false accusations as though they were true; you charge men with doing what has never been done; though a man's innocence be clear to you as daylight, you denounce him as though he were guilty.

53. Nay, further, though I had almost forgotten to mention it, there are certain things of which you confess your ignorance, and which nevertheless you make material for accusation as though you knew all about them. You assert that I kept something mysterious wrapped up in a handkerchief among the household gods in the house of Pontianus. You confess your ignorance as to what may have been the nature or appearance of this object; you further admit that no one ever saw it, and yet you assert that it was some instrument of magic. You are not to be congratulated on this method of procedure. Your accusation reveals no shrewdness, and has not even the merit of impudence. Do not think so for a moment. No! it shows naught save the ill-starred madness of an embittered spirit and the pitiable fury of cantankerous old age. The words you used in the presence of so grave and perspicacious a judge amounted to something very like this. 'Apuleius kept certain things wrapped in a cloth among the household gods in the house of Pontianus. Since I do not know what they were, I therefore argue that they were magical. I beg you to believe what I say, because I am talking of that of which I know nothing.' What a wonderful argument, in itself an obvious refutation of the charge. 'It must have been this, because I do not know what it was.' You are the only person hitherto discovered who knows that which he does not know. You so far surpass all others in folly, that whereas philosophers of the most keen and penetrating intellect assert that we should not trust even the objects that we see, you make statements about things which you have never seen or heard. If Pontianus still lived and you were to ask him what the cloth contained, he would reply that he did not know. There is the freedman who still has charge of the keys of the place; he is one of your witnesses, but he says that he has never examined these objects, although, as the servant responsible for the books kept there, he opened and shut the doors almost daily, continually entered the room, not seldom in my company but more often alone, and saw the cloth lying on the table unprotected by seal or cord. Quite natural, was it not? Magical objects were concealed in the cloth, and for that reason I took little care for its safe custody, but left it about anyhow for any one to examine and inspect, if he liked, or even to carry it away! I entrusted it to the custody of others, I left it to others to dispose of at their pleasure! What credence do you expect us to give you after this? Are we to believe that you, on whom I have never set eyes save in this court, know that of which Pontianus, who actually lived under the same roof, was ignorant? or shall we believe that you, who have never so much as approached the room where they were placed, have seen what the freedman never saw, although he had every opportunity to inspect them during the sedulous performance of his duties? In a word, that which you never saw must have been what you assert it to have been! And yet, you fool, if this very day you had succeeded in getting that handkerchief into your hands, I should deny the magical nature of whatever you might produce from it.

54. I give you full leave; invent what you like, rack your memory and your imagination to discover something that might conceivably seem to be of a magical nature. Even then, should you succeed in so doing, I should argue the point with you. I should say that the object in question had been substituted by you for the original, or that it had been given as a remedy, or that it was a sacred emblem that had been placed in my keeping, or that a vision had bidden me to carry it thus. There are a thousand other ways in which I might refute you with perfect truth and without giving any explanation which is abnormal or lies outside the limits of common observation. You are now demanding that a circumstance, which, even if it were proved up to the hilt, would not prejudice me in the eyes of a good judge, should be fatal to me when, as it is, it rests on vague suspicion, uncertainty, and ignorance. You will perhaps, as is your wont, say, 'What, then, was it that you wrapped in a linen cloth and were so careful to deposit with the household gods?' Really, Aemilianus! is this the way you accuse your victims? You produce no definite evidence yourself, but ask the accused for explanations of everything. 'Why do you search for fish? Why did you examine a sick woman? What had you hidden in your handkerchief?' Did you come here to accuse me or to ask me questions? If to accuse me, prove your charges yourself; if to ask questions, do not anticipate the truth by expressing opinions on that concerning which your ignorance compels you to inquire. If this precedent be followed, if there is no necessity for the accuser to prove anything, but on the contrary he is given every facility for asking questions of the accused, there is not a man in all the world but will be indicted on some charge or other. In fact, everything that he has ever done will be used as a handle against any man who is charged with sorcery. Have you written a petition on the thigh of some statue? You are a sorcerer! Else why did you write it? Have you breathed silent prayers to heaven in some temple? You are a sorcerer! Else tell us what you asked for? Or take the contrary line. You uttered no prayer in some temple! You are a sorcerer! Else why did you not ask the gods for something? The same argument will be used if you have made some votive dedication, or offered sacrifice, or carried sprigs of some sacred plant. The day will fail me if I attempt to go through all the different circumstances of which, on these lines, the false accuser will demand an explanation. Above all, whatever object he has kept concealed or stored under lock and key at home will be asserted by the same argument to be of a magical nature, or will be dragged from its cupboard into the light of the law-court before the seat of judgement.

55. I might discourse at greater length on the nature and importance of such accusations, on the wide range for slander that this path opens for Aemilianus, on the floods of perspiration that this one poor handkerchief, contrary to its natural duty, will cause his innocent victims! But I will follow the course I have already pursued. I will acknowledge what there is no necessity for me to acknowledge, and will answer Aemilianus' questions. You ask, Aemilianus, what I had in that handkerchief. Although I might deny that I had deposited any handkerchief of mine in Pontianus' library, or even admitting that it was true enough that I did so deposit it, I might still deny that there was anything wrapped up in it. If I should take this line, you have no evidence or argument whereby to refute me, for there is no one who has ever handled it, and only one freedman, according to your own assertion, who has ever seen it. Still, as far as I am concerned I will admit the cloth to have been full to bursting. Imagine yourself, please, to be on the brink of a great discovery, like the comrades of Ulysses who thought they had found a treasure when they stole the bag that contained all the winds. Would you like me to tell you what I had wrapped up in a handkerchief and entrusted to the care of Pontianus' household gods? You shall have your will. I have been initiated into various of the Greek mysteries, and preserve with the utmost care certain emblems and mementoes of my initiation with which the priests presented me. There is nothing abnormal or unheard of in this. Those of you here present who have been initiated into the mysteries of father Liber alone, know what you keep hidden at home, safe from all profane touch and the object of your silent veneration. But I, as I have said, moved by my religious fervour and my desire to know the truth, have learned mysteries of many a kind, rites in great number, and diverse ceremonies. This is no invention on the spur of the moment; nearly three years since, in a public discourse on the greatness of Aesculapius delivered by me during the first days of my residence at Oea, I made the same boast and recounted the number of the mysteries I knew. That discourse was thronged, has been read far and wide, is in all men's hands, and has won the affections of the pious inhabitants of Oea not so much through any eloquence of mine as because it treats of Aesculapius. Will any one, who chances to remember it, repeat the beginning of that particular passage in my discourse? You hear, Maximus, how many voices supply the words. I will order this same passage to be read aloud, since by the courteous expression of your face you show that you will not be displeased to hear it. (_The passage is read aloud._)

56. Can any one, who has the least remembrance of the nature of religious rites, be surprised that one who has been initiated into so many holy mysteries should preserve at home certain talismans associated with these ceremonies, and should wrap them in a linen cloth, the purest of coverings for holy things? For wool, produced by the most stolid of creatures and stripped from the sheep's back, the followers of Orpheus and Pythagoras are for that very reason forbidden to wear as being unholy and unclean. But flax, the purest of all growths and among the best of all the fruits of the earth, is used by the holy priests of Egypt, not only for clothing and raiment, but as a veil for sacred things. And yet I know that some persons, among them that fellow Aemilianus, think it a good jest to mock at things divine. For I learn from certain men of Oea who know him, that to this day he has never prayed to any god or frequented any temple, while if he chances to pass any shrine, he regards it as a crime to raise his hand to his lips in token of reverence. He has never given firstfruits of crops or vines or flocks to any of the gods of the farmer, who feed him and clothe him; his farm holds no shrine, no holy place, nor grove. But why do I speak of groves or shrines? Those who have been on his property say they never saw there one stone where offering of oil has been made, one bough where wreaths have been hung. As a result, two nicknames have been given him: he is called Charon, as I have said, on account of his truculence of spirit and of countenance, but he is also--and this is the name he prefers--called Mezentius, because he despises the gods. I therefore find it the easier to understand that he should regard my list of initiations in the light of a jest. It is even possible that, thanks to his rejection of things divine, he may be unable to induce himself to believe that it is true that I guard so reverently so many emblems and relics of mysterious rites. I care not a straw what Mezentius may think of me; but to others I make this announcement clearly and unshrinkingly. If any of you that are here present had any part with me in these same solemn ceremonies, give a sign and you shall hear what it is I keep thus. For no thought of personal safety shall induce me to reveal to the uninitiated the secrets that I have received and sworn to conceal.

57. I have, I think, Maximus, said enough to satisfy the most prejudiced of men and, as far as the handkerchief is concerned, have cleared myself of every speck of guilt. I shall run no risk in passing from the suspicions of Aemilianus to the evidence of Crassus, which my accusers read out next as if it were of the utmost importance. You heard them read from a written deposition, the evidence of a gorging brute, a hopeless glutton, named Junius Crassus, that I performed certain nocturnal rites at his house in company with my friend Appius Quintianus, who had taken lodgings there. This, mark you, Crassus says that he discovered (in spite of the fact that he was as far away as Alexandria at the time!) from finding the feathers of birds and traces of the smoke of a torch. I suppose that while he was enjoying a round of festivities at Alexandria--for Crassus is one who is ready even to encroach upon the daylight with his gluttonies--I suppose, I say, that there from his reeking tavern he espied, with eye keen as any fowler's, feathers of birds wafted towards him from his house, and saw the smoke of his home rising far off from his ancestral roof-tree. If he saw this with his eyes, he saw even further than Ulysses prayed and yearned to see. For Ulysses spent years in gazing vainly from the shore to see the smoke rising from his home, while Crassus during a few months' absence from home succeeded, without the least difficulty, in seeing this same smoke as he sat in a wine-shop! If, on the other hand, it was his nose discerned the smoke, he surpasses hounds and vultures in the keenness of his sense of smell. For what hound, what vulture hovering in the Alexandrian sky, could sniff out anything so far distant as Oea? Crassus is, I admit, a _gourmand_ of the first order, and an expert in all the varied flavours of kitchen-smoke, but in view of his love of drinking, his only real title to fame, it would have been easier for the fumes of his wine, rather than the fumes of his chimney, to reach him at Alexandria.

58. Even he saw that this would pass belief. For he is said to have sold this evidence before eight in the morning while he was still fasting from food and drink! And so he wrote that he had made his discovery in the following manner. On his return from Alexandria he went straight to his house, which Quintianus had by this time left. There in the entrance-hall he came across a large quantity of birds' feathers: the walls, moreover, were blackened with soot. He asked the reason of this from the slave whom he had left at Oea, and the latter informed him of the nocturnal rites carried out by myself and Quintianus. What an ingenious lie! What a probable invention! That I, had I wished to do anything of the sort, should have done it there rather than in my own house! That Quintianus, who is supporting me here to-day, and whom I mention with the greatest respect and honour for the close love that binds him to me, for his deep erudition and consummate eloquence, that this same Quintianus, supposing him to have dined off some birds or, as they assert, killed them for magical purposes, should have had no slave to sweep up the feathers and throw them out of doors! Or further that the smoke should have been strong enough to blacken the walls and that Quintianus should have suffered such defacement of the room in which he slept, while it was still in his occupation! Nonsense, Aemilianus! There is no probability in the story, unless indeed Crassus on his return went not to the bedroom, but after his fashion made straight for the kitchen. And what made his slave suspect that the walls had been blackened by night in particular? Was it the colour of the smoke? Does night smoke differ from day smoke in being darker? And why did so suspicious and conscientious a slave allow Quintianus to leave the house before having it cleaned? Why did those feathers lie like lead and await the arrival of Crassus for so long? Let not Crassus accuse his slave. It is much more likely that he himself fabricated this mendacious nonsense about feathers and soot, being unable even in his evidence to divorce himself further from his kitchen.

59. And why did you read out this evidence from a written deposition? Where in the world is Crassus? Has he returned to Alexandria out of disgust at the state of his house? Is he washing his walls? or, as is more likely, is the glutton feeling ill after his debauch? I myself saw him yesterday here at Sabrata hiccoughing in your face, Aemilianus, in the most conspicuous manner in the middle of the market-place. Pray, Maximus, ask your slaves whose duty it is to keep you informed of people's names--although, I admit, Crassus is better known to the keepers of taverns--yet ask them, I say, whether they have ever seen Junius Crassus, a citizen of Oea, in this place. They will answer 'yes'. Let Aemilianus then produce this most admirable young man on whose testimony he relies. You notice the time of day. I tell you that Crassus has long since been snoring in a drunken slumber or has taken a second bathe and is now evaporating the sweat of intoxication at the bath that he may be equal to a fresh drinking bout after supper. He presents himself in writing only. That is the way he speaks to you, Maximus. Even he is not so dead to sense of shame as to be able to lie to your face without a blush. But there is perhaps another reason for his absence. He may have been unable to abstain from the wine-cup[17] sufficiently long to keep sober against this moment; or it may be that Aemilianus took good care not to subject him to your severe and searching gaze, lest you should damn the brute with his close-shaven cheeks and his disgusting appearance by a mere glance at his face, when you saw a young man with his features stripped of the beard and hair that should adorn them, his eyes heavy with wine, his lids swollen, his broad[18] grin, his slobbering lips, his harsh voice, his trembling hands, his breath[19] reeking of the cook-shop. He has long since devoured his fortune; nothing is left him of his patrimony save a house that serves him for the sale of his false witness, and never did he make a more remunerative contract than he has done with regard to this evidence he offers to-day. For he sold Aemilianus his drunken fictions for 3,000 sesterces, as every one at Oea is aware.

[Footnote 17: _a bria_ (Hildebrand).]

[Footnote 18: _rictum diductum_ (Jahn).]

[Footnote 19: _ructus popinam_ (Pricaeus).]