Chapter VI: Introduction (5)

86. The Athenians, when they captured the correspondence of their enemy, Philip of Macedon, and the letters were being read in public one by one, out of reverence for the common rights of humanity forbade one letter to be read aloud, a letter addressed by Philip to his wife Olympias. They spared the enemy that they might not intrude on the privacy of husband and wife; they placed the law that is common to all mankind above the claims of private vengeance. So enemy dealt with enemy! How have you dealt with the mother that bore you? You see how close is my parallel. Yet you read out aloud letters written by your mother which, according to your assertion, concern her love affairs, and you do so before this gathering here assembled, a gathering before which you would not dare to read the verses of some obscene poet, even if bidden to do so, but you would be restrained by some sense of shame. Nay, you would never have touched your mother's letters, had you ever been in touch with letters in the wider sense of the term. But you have also dared to submit a letter of your own to be read, a letter written about your mother in outrageously disrespectful, abusive, and unseemly language, written too at a time when you were still being brought up under her loving care. This letter you sent secretly to Pontianus, and you have now produced it to avoid the reproach of having sinned only once and to rescue so good a deed from oblivion![27] Poor fool, do you not realize that your uncle permitted you to do this, that he might clear himself in public estimation by using your letter as proof that even before you migrated to his house, even at the time when you caressed your mother with false words of love, you were already as cunning as any fox and devoid of all filial affection?

[Footnote 27: _oblivio_ (Casaubon).]

87. I cannot bring myself to believe Aemilianus such a fool as to think that the letter of a mere boy, who is also one of my accusers, could seriously tell against me.

There is also that forged letter by which they attempted to prove that I beguiled Pudentilla with flattery. I never wrote it and the forgery is not even plausible. What need had I of flattery, if I put my trust in magic? And how did they secure possession of that letter which must, as is usual in such affairs, have been sent to Pudentilla by some confidential servant? Why, again, should I write in such faulty words, such barbarous language, I whom my accusers admit to be quite at home in Greek? And why should I seek to seduce her by flattery so absurd and coarse? They themselves admit that I write amatory verse with sufficient sprightliness and skill. The explanation is obvious to every one; it is this. He who could not read the letter which Pudentilla wrote in Greek altogether too refined for his comprehension, found it easier to read this letter and set it off to greater advantage because it was his own.

One more point and I shall have said enough about the letters. Pudentilla, after writing in jest and irony those words 'Come then, while I am yet in my senses', sent for her sons and her daughter-in-law and lived with them for about two months. I beg this most dutiful of sons to tell us whether he then noticed his mother's alleged madness to have affected for the worse either her words or her deeds. Let him deny that she showed the utmost shrewdness in her examination of the accounts of the bailiffs, grooms, and shepherds, that she earnestly warned his brother Pontianus to be on his guard against the designs of Rufinus, that she rebuked him severely for having freely published the letter she had sent him without having read it honestly as it was written! Let him deny that, after what I have just related to you, his mother married me in her country house, as had been agreed some time previously!

88. The reason for our decision to be married by preference at her country house not far from Oea was to avoid a fresh concourse of citizens demanding largesse. It was but a short time before that Pudentilla had distributed 50,000 sesterces to the people on the occasion of Pontianus' marriage and this boy's assumption of the garb of manhood. We wished also to avoid the frequent and wearisome dinner-parties which custom generally imposes on newly-married couples. This is the whole reason, Aemilianus, why our marriage contract was signed not in the town but at a country house in the neighbourhood--to avoid squandering another 50,000 sesterces and to escape dining in your company or at your house. Is that sufficient? I must say that I am surprised that you object so strongly to the country house, considering that you spend most of your time in the country. The Julian marriage-law nowhere contains a clause to the effect that no man shall wed in a country house. Indeed, if you would know the truth, it is of far better omen for the expectation of offspring that one should marry one's wife in a country house in preference to the town, on rich soil in preference to barren ground, on the greensward of the meadow rather than the pavement of the market-place. She that would be a mother should marry in the very bosom of her mother, among the standing crops, on the fruitful plough-land, or she should lie beneath the elm that weds the vine, on the very lap of mother earth, among the springing herbage, the trailing vine-shoots and the budding trees. I may add that the metaphor in the line so well known in comedy

_That in the furrow children true be sown_

bears out this view most strongly. The ancient Romans also, such as Quintius, Serranus and many others, were offered not only wives but consulships and dictatorships in the open field. But I am becoming long-winded. I will restrain myself for fear of gratifying you by my praise of country life.

89. As to Pudentilla's age, concerning which you lied so boldly as to assert that she had married at the age of sixty, I will reply in a few words. It is not necessary to speak at length in discussing a matter where the truth is so obvious.

Her father acknowledged her for his daughter in the usual fashion; the documents in which he did so are preserved partly in the public record office, partly in his house. Here they are before your very eyes. Please hand the documents to Aemilianus. Let him examine the linen strip that bears the seal; let him recognize the seal stamped upon it, let him read the names of the consuls for the year, let him count up the years. He gave her sixty years. Let him bring out the total at fifty-five, admitting that he lied and gave her five too many. Nay, that is hardly enough. I will deal yet more liberally with him. He gave Pudentilla such a number of years that I will reward him by returning ten. Mezentius has been wandering with Ulysses; let him at least prove that she is fifty. To cut the matter short, as I am dealing with an accuser who is used to multiplying by four, I will multiply five years by four and subtract twenty years at one fell swoop. I beg you, Maximus, to order the number of consuls since her birth to be reckoned. If I am not mistaken, you will find that Pudentilla has barely passed her fortieth year. The insolent audacity of this falsehood! Twenty years' exile would be a worthy punishment for such mendacity! Your fiction has added a good half to the sum, your fabrication is one and a half times the size of the original. Had you said thirty years when you ought to have said ten, it might have been supposed that you had made a slip in the gesture used for your calculation, that you had placed your forefinger against the middle joint of your thumb, when you should have made them form a circle. But whereas the gesture indicating forty is the simplest of all such gestures, for you have merely to hold out the palm of your hand--you have increased the number by half as much again. There is no room for an erroneous gesture; the only possible hypothesis is that, believing Pudentilla to be thirty, you got your total by adding up the number of consuls, two to each year.

90. I have done with this. I come now to the very heart of the accusation, to the actual motive for the use of magic. I ask Rufinus and Aemilianus to answer me and tell me--even assuming that I am the most consummate magician--what had I to gain by persuading Pudentilla to marry me by means of my love philtres and my incantations. I am well aware that many persons, when accused of some crime or other, even if it has been shown that there was some real motive for the offence, have amply cleared themselves of guilt by this one line of defence, that the whole record of their lives renders the suspicion of such a crime incredible and that even though there may have been strong temptation to sin, the mere fact of the existence of the temptation should not be counted against them. We have no right to assume that everything that might have been done actually has been done. Circumstances may alter; the one true guide is a man's character; the one sure indication that a charge should be rejected or believed is the fact that through all his life the accused has set his face towards vice or virtue as the case may be. I might with the utmost justice put in such a plea for myself, but I waive my right in your favour, and shall think that I have made out but a poor case for myself, if I do no more than amply clear myself of all your charges and show that there exists not the slightest ground for suspecting me of sorcery. Consider what confidence in my innocence and what contempt of you is implied by my conduct. If you can discover one trivial reason that might have led me to woo Pudentilla for the sake of some personal advantage, if you can prove that I have made the very slightest profit out of my marriage, I am ready to be any magician you please--the great Carmendas himself or Damigeron or Moses[28] of whom you have heard, or Jannes or Apollobex or Dardanus himself or any sorcerer of note from the time of Zoroaster and Ostanes till now.

[Footnote 28: _is Moses_ (Jan. Parrhasius).]

91. See, Maximus, what a disturbance they have raised, merely because I have mentioned a few magicians by name. What am I to do with men so stupid and uncivilized? Shall I proceed to prove to you that I have come across these names and many more in the course of my study of distinguished authors in the public libraries? Or shall I argue that the knowledge of the names of sorcerers is one thing, participation in their art another, and that it is not tantamount to confessing a crime to have one's brain well stored with learning and a memory retentive of its erudition? Or shall I take what is far the best course and, relying on your learning, Maximus, and your perfect erudition, disdain to reply to the accusations of these stupid and uncultivated fellows? Yes, that is what I will do. I will not care a straw for what they may think. I will go on with the argument on which I had entered and will show that I had no motive for seducing Pudentilla into marriage by the use of love philtres.

My accusers have gone out of their way to make disparaging remarks both about her age and her appearance; they have denounced me for desiring such a wife from motives of greed and robbing her of her vast and magnificent dowry at the very outset of our wedded life. I do not intend to weary you, Maximus, with a long reply on these points. There is no need for words from me, our deeds of settlement will speak more eloquently than I can do. From them you will see that both in my provision for the future and in my action at the time my conduct was precisely the opposite of that which they have attributed to me, inferring my rapacity from their own. You will see that Pudentilla's dowry was small, considering her wealth, and was made over to me as a trust not as a gift, and moreover that the marriage only took place on this condition that if my wife should die without leaving me any children, the dowry should go to her sons Pontianus and Pudens, while if at her death she should leave me one son or daughter, half of the dowry was to go to the offspring of the second marriage, the remainder to the sons of the first.

92. This, as I say, I will prove from the actual deed of settlement. It may be that Aemilianus will still refuse to believe that the total sum recorded is only 300,000 sesterces, and that the reversion of this sum is given by the settlement to Pudentilla's sons. Take the deeds into your own hands, give them to Rufinus who incited you to this accusation. Let him read them, let him blush for his arrogant temper and his pretentious beggary. _He_ is poor and ill-clad and borrowed 400,000 sesterces to dower his daughter, while Pudentilla, a woman of fortune, was content with 300,000, and her husband, who has often refused the hand of the richest heiresses, is also content with this trifling dowry, a mere nominal sum. He cares for nothing save his wife and counts the mutual love and harmony of his wedded life as his sole treasure, his only wealth. Who that had the least experience of life, would dare to pass any censure if a widow of inconsiderable beauty and considerable age, being desirous of marriage, had by the offer of a large dowry and easy conditions invited a young man, who, whether as regards appearance, character or wealth, was no despicable match, to become her husband? A beautiful maiden, even though she be poor, is amply dowered. For she brings to her husband a fresh untainted spirit, the charm of her beauty, the unblemished glory of her prime. The very fact that she is a maiden is rightly and deservedly regarded by all husbands as the strongest recommendation. For whatever else you receive as your wife's dowry you can, when it pleases you and if you desire to feel yourself under no further obligation, repay in full just as you received it; you can count back the money, restore the slaves, leave the house, abandon the estates. Virginity only, once it has been given, can never be repaid; it is the one portion of the dowry that remains irrevocably with the husband. A widow on the other hand, if divorced, leaves you as she came. She brings you nothing that she cannot ask back, she has been another's and is certainly far from tractable to your wishes; she looks suspiciously on her new home, while you regard her with suspicion because she has already been parted from one husband: if it was by death she lost her husband, the evil omen of her ill-starred union minimizes her attractions, while, if she left him by divorce, she possesses one of two faults: either she was so intolerable that she was divorced by her husband, or so insolent as to divorce him. It is for reasons of this kind among others that widows offer a larger dowry to attract suitors for their hands. Pudentilla would have done the same had she not found a philosopher indifferent to her dowry.

93. Consider. If I had desired her from motives of avarice, what could have been more profitable to me in my attempt to make myself master in her house than the dissemination of strife between mother and sons, the alienation of her children from her affections, so that I might have unfettered and supreme control over her loneliness? Such would have been, would it not, the action of the brigand you pretend me to be. But as a matter of fact I did all I could to promote, to restore and foster quiet and harmony and family affection, and not only abstained from sowing fresh feuds, but utterly extinguished those already in existence. I urged my wife--whose whole fortune according to my accusers I had by this time devoured--I urged her and finally persuaded her, when her sons demanded back the money of which I spoke above, to pay over the whole sum at once in the shape of farms, at a low valuation and at the price suggested by themselves, and further to surrender from her own private property certain exceedingly fertile lands, a large house richly decorated, a great quantity of wheat, barley, wine and oil, and other fruits of the earth, together with not less than four hundred slaves and a large number of valuable cattle. Finally I persuaded her to abandon all claims on the portion she had given them and to give them good hopes of one day coming into the rest of the property. All these concessions I extorted from Pudentilla with difficulty and against her will--I have her leave to tell the whole story as it happened--I wrung them from her by my urgent entreaty, though she was angry and reluctant. I reconciled the mother with her sons, and began my career as a step-father by enriching my step-sons with a large sum of money.

94. All Oea was aware of this. Every one execrated Rufinus and extolled my conduct. Pontianus together with his very inferior brother had come to visit us, before his mother had completed her donation. He fell at our feet and implored us to forgive and forget all his past offences; he wept, kissed our hands and expressed his penitence for listening to Rufinus and others like him. He also most humbly begged me to make his excuses to the most honourable Lollianus Avitus to whom I had recommended him not long before when he was beginning the study of oratory. He had discovered that I had written to Avitus a few days previously a full account of all that had happened. I granted him this request also and gave him a letter with which he set off to Carthage, where Lollianus Avitus, the term of his proconsulate having nearly expired, was awaiting your arrival, Maximus. After reading my letters he congratulated Pontianus with the exquisite courtesy which always characterizes him for having so soon rectified his error and entrusted him with a reply. Ah! what learning! what wit! what grace and charm dwelt in that reply! Only a 'good man and an orator' could have written it. I know, Maximus, that you will readily give a hearing to this letter. Indeed, if it is to be read, I will recite it myself. Give me Avitus' letter. That I should have received it has always flattered me. To-day it shall do more than flatter, it shall save me! You may let the water-clock continue, for I would gladly read and re-read the letter of that excellent man to the third and fourth time at the cost of any amount of the time allowed me. (_The letter is read._)

95. I know that after reading this letter I should bring my speech to a close. For what ampler commendation, what purer testimony could I produce in my support, what more eloquent advocacy? I have in the course of my life listened with rapt attention to many eloquent Romans, but never have I admired any so much as Avitus. There is in my opinion no one living of any attainments or promise in oratory who would not far sooner be Avitus, if he compare him with himself impartially and without envy. For practically all the different excellencies of oratory are united in him. Whatever speech Avitus composes will be found so absolutely perfect and complete in all respects that it would satisfy Cato by its dignity, Laelius with its smoothness, Gracchus with its energy, Caesar with its warmth, Hortensius with its arrangement, Calvus with its point, Sallust with its economy and Cicero with its wealth of rhetoric. In fact, not to go through all his merits, if you were to hear Avitus, you would wish nothing added, withdrawn or altered of anything that he says.

I see, Maximus, with what pleasure you listen to the recital of the virtues which you recognize your friend Avitus to possess. Your courtesy invited me to say a few words about him. But I will not trespass on your kindness so far as to permit myself to commence a discourse on his extraordinary virtues at this period of the case. It is wearing to its end and my powers are almost exhausted. I will rather reserve the praise of Avitus' virtues for some day when my time is free and my powers unimpaired.

96. _Now_, I grieve to say, it is my duty to turn from the description of so great a man to discuss these pestilent fellows here.

Do you dare then, Aemilianus, to match yourself against Avitus? Will you attack with accusations of magic and the black art him whom Avitus describes as a good man, and whose disposition he praises so warmly in his letter? Or have you greater reason to be vexed at my forcing my way into Pudentilla's house and pillaging her goods than Pontianus would have had, Pontianus, who not only in my presence but even before Avitus in my absence, made amends for the strife of a few days that had sprung up between us at your instigation, and expressed his gratitude to me in the presence of so great a man? Suppose I had read a report of what took place in Avitus' presence instead of reading merely his letter. What is there in the whole affair that could give you or any one else[29] a handle for accusing me? Pontianus himself considered himself in my debt for the money given him by his mother; Pontianus rejoiced with the utmost sincerity in his good fortune in having me for his step-father. Ah! would that he had returned from Carthage safe and sound! or since it was not fated that that should be, would that you, Rufinus, had not poisoned his judgement at the last! What gratitude he would have expressed to me either personally or in his will! However, as things are, I beg you, Maximus,--it will not take long--to allow the reading of these letters full of expressions of respect and affection for myself, which he sent me, some of them from Carthage, some as he drew near on his homeward journey, some written while he still enjoyed his health, and some when the sickness was already upon him. Thus his brother, my accuser, will realize with what[30] lack of success he pursues his literary studies compared with his brother of blessed memory. (_Pontianus' letters are read._)

[Footnote 29: _quas vel tu vel quisquis_ (Van der Vliet). There is no doubt as to the sense required: the precise correction must remain doubtful.]

[Footnote 30: _quam in omnibus minor Minervae_ (H.E.B.).]

97. Did you hear the phrases which your brother Pontianus used in speaking of me? He called me his father, his master, his instructor not only on various occasions in his lifetime but actually on his deathbed. I might follow this[31] by producing similar letters from you, if I thought that the delay thus caused would be worth while. But I should prefer to produce your brother's recent will, unfinished though it may be, in which he made most dutiful and respectful mention of myself. But Rufinus never allowed this will to be drawn up or completed owing to his chagrin at the loss of the inheritance which he had regarded in the light of a rich payment[32] for his daughter's embraces during the few months in which he was Pontianus' father-in-law. He had further consulted certain Chaldean soothsayers as to what profit his daughter, whom he regarded in the light of an investment, would bring him in. They, I am told, prophesied truly--would they had not--that her first husband would die in a few months. The rest of the prophecy dealing with the inheritance was as usual fabricated to suit the desires of their client. But Rufinus gaped for his prey in vain like a wild beast that has gone blind. For Pontianus not only did not leave Rufinus' daughter as his heir--he had discovered her evil character--but he did not even make her a respectable legacy. He left her by way of insult linen to the value of 200 denarii, to show that he had not forgotten or ignored her, but that he set this value on her as an expression of his resentment. As his heirs--in this just as in the former will which has been read aloud--he appointed his mother and his brother, against whom, mere boy as he is, Rufinus is, as you see, bringing his old artillery into play: I refer to his daughter. He thrusts her upon his embraces although she is considerably his elder and but a brief while ago was his brother's wife.

[Footnote 31: _post quae_ (Beyte).]

[Footnote 32: Omitting Helm's insertion of _praemium_ after _quam_.]

98. Pudens was so captivated and possessed by the charms of that harlot and by the beguiling words of the pander, her father, that the moment his brother had breathed his last, he left his mother and migrated to his uncle's house. The design was to facilitate the carrying out of the schemes already afoot by removing him from our influence. For Aemilianus is backing Rufinus and desires his success. (_A movement among the audience._) Ah! Thank you! You rightly remind me that this excellent uncle has hopes of his own mixed up in this affair, for he knows that if this boy dies intestate he will be his heir-at-law, whatever he may be in point of equity. I wish I had not let this slip. I am a man of great self-control and it is not my way to blurt out openly the silent suspicions that must have occurred to every one. You did wrong in suggesting this point to me. But to be frank, if you will have the truth, many have been wondering at the sudden affection which you, Aemilianus, have begun to show for this boy since the death of his brother Pontianus, whereas formerly you were such a stranger to him that frequently, even when you met him, you failed to recognize the face of your brother's son. But now you show yourself so patient towards him, you so spoil him by your indulgence and grant his every whim to such an extent that your conduct makes the more suspicious think their suspicions well grounded. You took him from us a mere boy and straightway gave him the garb of manhood. While he was under our guardianship, he used to go to school: now he has bidden a long farewell to study and betaken himself to the delights of the tavern. He despises serious friends, and, boy as he is, spends his tender years in revelling with the most abandoned youths among harlots and wine-cups. He rules your house, orders your slaves, directs your banquets. He is a frequent visitor to the gladiatorial school and there--as a boy of position should!--he learns from the keeper of the school the names of the gladiators, the fights they have fought, the wounds they have received. He never speaks any language save Punic, and though he may occasionally use a Greek word picked up from his mother, he neither will nor can speak Latin. You heard, Maximus, a little while ago, you heard my step-son--oh! the shame of it!--the brother of that eloquent young fellow Pontianus, hardly able to stammer out single syllables, when you asked him whether his mother had given himself and his brother the gifts which, as I told you just now, she actually gave them with my hearty support.

99. I call you, therefore, Claudius Maximus, and you, gentlemen, his assessors, and you that with me stand before this tribunal, to bear witness that this boy's disgraceful falling away in morals is due to his uncle here and that candidate for the privilege of becoming his father-in-law, and that I shall henceforth count it a blessing that such a step-son has lifted the burden of superintending him from my shoulders, and that from this day forth I will never intercede for him with his mother. For recently--I had almost forgotten to mention it--when Pudentilla, who had fallen ill after the death of her son Pontianus, was writing her will, I had a prolonged struggle to prevent her disinheriting this boy on account of the outrageous insult and injury he had inflicted on her. I prayed her with the utmost earnestness to erase that most important clause, which, I can assure you, she had already written, every word of it! Finally, I even threatened to leave her, if she refused to accede to my request, and begged her to grant me this boon, to conquer her wicked son by kindness, and to save me from all the ill feeling which her action would create. I did not desist till she complied. I regret that I should have smoothed Aemilianus' way for him and showed him such an unexpected path[33] to wealth. Look, Maximus, see how confused he is at hearing this, see how he casts his eyes upon the ground. He had not unnaturally expected something very different. He knew that my wife was angry with her son on account of his insolent behaviour and that she returned my devotion. He had reason also for fear in regard to myself; for any one else, even if like myself he had been above coveting the inheritance, would gladly have seen so undutiful a step-son punished. It was this anxiety above all others that spurred them on to accuse me. Their own avarice led them falsely to conjecture that the whole inheritance had been left to me. As far as the past is concerned, I will dispel your fears on that point. I was proof against the temptation both of enriching myself and of revenging myself. I--a step-father, mind you--contended for my wicked step-son with his mother, as a father might contend against a stepmother in the interests of a virtuous son; nor did I rest satisfied till, with a perfectly extravagant sense of fairness, I had restrained my good wife's lavish generosity towards myself.

[Footnote 33: _semitam_ (codd. inferiores).]

100. Give me the will which was made in the interests of so unfilial a son by his mother. Each word of it was preceded by an entreaty from myself, whom my accusers speak of as a mere robber. Order the tablets to be broken open, Maximus. You will find that her son is the heir, that I get nothing save some trifling complimentary legacy inserted to avoid the non-appearance of my name, the husband's name, mark you, in my wife's will, supposing she succumbed to any of the ills to which this flesh is heir. Take up your mother's will. You are right, in one respect it is undutiful. She excludes her devoted husband from the inheritance in favour of her most unfilial son? Nay, it is not her son to whom she leaves her fortune; she leaves it rather to the greedy Aemilianus and the matchmaking Rufinus and that drunken gang, that hang about you and prey upon you. Take it, O best of sons! Lay aside your mother's love-letters for a while and read her will instead. If she ever wrote anything while not in her right mind, you will find it here, nor will you have to go far to find it. 'Let Sicinius Pudens, my son, be my heir.' I admit it! he who reads this, will think it insanity. Is this same son your heir, who at his own brother's funeral attempted with the help of a gang of the most abandoned youths to shut you out of the house which you yourself had given him, who is so deeply and bitterly incensed to find that his brother left you co-heir with himself, who hastened to desert you when you were plunged in grief and mourning, and fled from your bosom to Aemilianus and Rufinus, who afterwards uttered many insults against you to your face, and manufactured others with the help of his uncle, who has dragged your name through the law-courts, has attempted by using your own letters publicly to besmirch your fair fame, and has accused upon a capital charge the husband of your choice, with whom, as Pudens himself objected, you were madly in love! Open the will, my good boy, open it, I beg you. You will find it easier then to prove your mother's insanity.

Why do you draw back? Why do you refuse to look at it, now that you are free from all anxiety about the inheritance of your mother's fortune?

101. He may do as he likes, Maximus, but for my part I cast these tablets at your feet and call you to witness that henceforth I shall show greater indifference as to what Pudentilla may write in her will. He may approach his mother himself for the future; he has made it impossible for me to plead for him again. He is now a man and his own master; henceforth let him himself dictate to his mother the terms[34] of an unpalatable will, himself smooth away her anger. He who can plead in court, will be able to plead with his mother. I am more than satisfied not only to have refuted the miscellaneous accusations brought against myself, but also to have utterly swept away the hateful charge on which the whole trial is based, the charge of having attempted to secure the inheritance for myself.

[Footnote 34: Omit _qui_ inserted by Helm after _ut_.]

I will bring one final proof to show the falsity of that last charge before I bring my speech to a close. I wish to pass nothing over in silence. You asserted that I bought a most excellent farm in my own name, but with a large sum of money which belonged to my wife. I say that a tiny property was bought for 60,000 sesterces, and bought not by me but by Pudentilla in her own name, that Pudentilla's name is in the deed of sale, and that the taxes paid on the land are paid in the name of Pudentilla. The honourable Corvinus Celer, the state treasurer to whom the tax is paid, is here in court. Cassius Longinus also is present, my wife's guardian and trustee, a man of the loftiest and most irreproachable character. I cannot speak of him save with the deepest respect. Ask him, Maximus, what was the purchase which he authorized, and what was the trifling sum for which this wealthy lady bought her little estate. (_Cassius Longinus and Corvinus Celer give evidence._)

Is it as I said? Is my name ever mentioned in the deed of sale? Is the price paid for this trifling property such as should excite any prejudice against me, or did my wife give me even so much as this small gift?

102. What is there left, Aemilianus, that in your opinion I have failed to refute? What had I to gain by my magic that should lead me to attempt to win Pudentilla by love-philtres? What had I to gain from her? A small dowry instead of a large one? Truly my incantations were miraculous. That she should refund her dowry to her sons rather than leave it in my possession? What magic can surpass this? That she should at my exhortation present the bulk of her property to her sons and leave me nothing, although before her marriage with myself she had shown them no special generosity? What a criminal use of love-philtres! or perhaps I had better call it a generous action which has not received its deserts! By her will, which she drew up in a fit of violent irritation against her son, she leaves as her heir that same son with whom she had quarrelled, rather than myself to whom she was devoted! For all my incantations it was only with difficulty that I persuaded her to this. Suppose that you were pleading your case, not before Claudius Maximus, a man of the utmost fairness and unswerving justice, but before a judge of depraved morals and of ferocious temper, one in fact who naturally inclined to the side of the accuser and was only too ready to condemn the accused! Give him some hint to follow! Give him even the slightest reasonable opportunity for declaring in your favour! At least invent something, devise some suitable reply to questions such as have been put to you. Nay, since every action must necessarily have some motive, answer me this, you who say that Apuleius tried to influence Pudentilla's heart by magical charms, answer me this! What did he seek to get from her by so doing? Was he in love with her beauty? You say not! Did he covet her wealth? The evidence of the marriage settlement denies it, the evidence of the deed of gift denies it, the evidence of the will denies it! It shows not only that I did not court the generosity of my wife, but that I even repulsed it with some severity. What other motives can you allege? Why are you struck dumb? Why this silence? What has become of that ferocious utterance with which you opened the indictment, couched in the name of my step-son? 'This is the man, most excellent Maximus, whom I have resolved to indict before you.'

103. Why did you not add 'He whom I indict is my teacher, my step-father, my mediator'? But how did you proceed? 'He is guilty of the most palpable and numerous sorceries.' Produce one of these many sorceries or at least some doubtful instance from those which you style so palpable. Nay, see whether I cannot reply to your various charges with two words to each. 'You clean your teeth.' Excusable cleanliness. 'You look into mirrors.' Philosophers should. 'You write verse.' 'Tis permitted. 'You examine fish.' Following Aristotle. 'You worship a piece of wood.' So Plato. 'You marry a wife.' Obeying law. 'She is older than you.' Nothing commoner. 'You married for money.' Take the marriage-settlement, remember the deed of gift, read the will!

If I have rebutted all their charges, word by word, if I have refuted all their slanders, if I am beyond reproach, not only as regards their accusations but also as regards their vulgar abuse, if I have done nothing to impair the honour of philosophy, which is dearer to me than my own safety, but on the contrary have smitten my adversary hip and thigh and vanquished him at all points, if all my contentions are true, I can await your estimate of my character with the same confidence with which I await the exercise of your power; for I regard it as less serious and less terrible to be condemned by the proconsul than to incur the disapproval of so good and so perfect a man.

THE FLORIDA

_The exordium to a discourse delivered in a town through which Apuleius passes in the course of a journey._

1. It is the usual practice of wayfarers with a religious disposition, when they come upon a sacred grove or holy place by the roadside, to utter a prayer, to offer an apple, and pause for a moment from their journeying. So I, on entering the revered walls of your city, feel that, for all my haste, it is my duty to ask your favour, to make an address, and to break the speed of my journey. I cannot conceive aught that could give a traveller juster cause to halt in sign of reverence; no altar crowned with flowers, no grotto shadowed with foliage,[35] no oak bedecked with horns, no beech garlanded with the skins of beasts, no mound whose engirdling hedge proclaims its sanctity, no tree-trunk hewn into the semblance of a god, no turf still wet with libations, no stone astream with precious unguents. For these are but small things, and though there be a few that seek them out and do them worship, the majority note them not and pass them by.

[Footnote 35: _frondibus_, cod. Florent. 29. 2 man. primi correctoris.]

_Man's sight compared with that of the eagle._

2. But such was not the opinion of my master Socrates. For once when he saw a youth of handsome appearance who remained for a long time without uttering a syllable, he said to him, 'Say something, that I may see what you are like.' For Socrates felt that a man who spoke not at all was in a sense invisible, since he held that it was not with the bodily vision, but with the mind's eye and the sight of the soul that men should be regarded. In this he disagreed with the soldier in Plautus, who says,

_One man that has eyes is better by far as a witness than
ten that have ears._

Indeed, for the purpose of examining men he had practically reversed the meaning of the line to

_One man that has ears is better by far as a witness than
ten that have eyes._

Moreover, if the judgements of the eye were of greater value than those of the soul, we should assuredly have to yield the palm for wisdom to the eagle. For we men cannot see things far removed from us nor yet things that are very near us, but all of us to a certain extent are blind. And if you confine us to the eyes alone with their dim earthly vision, the words of the great poet will be very true, that a cloud as it were is shed upon our eyes and we cannot see beyond a stone's cast. The eagle, on the other hand, soars exceeding high in heaven to the very clouds, and rides on his pinions through all that space where there is rain and snow, regions beyond whose heights thunderbolts and lightnings have no place, even to the very floor of heaven and the topmost verge of the storms of earth. And having towered thus high, with gentle motion he turns his great body to glide to left or right, directing his wings, that are as sails, whither he will by the movement of his tail, which, small though it be, serves as a rudder. Thence he gazes down on the world, staying awhile in that far height[36] the ceaseless oarage of his wings and, poised almost motionless with hovering flight, looks all around him and seeks what prey he shall choose whereon to swoop[37] sudden like a thunderbolt from heaven on high. In one glance he sees all cattle in the field, all beasts upon the mountains, all men in their cities, all threatened at once by his intended swoop, and thence he falls to pierce with his beak and clutch with his claws the unsuspecting lamb, the timid hare, or whatsoever living creature chance offers to his hunger or his talons.

[Footnote 36: _inhibens_ (Heinsius) _pinnarum eminus_ (MSS.).]

[Footnote 37: _fulminis vicem de caelo improvisa, simul._ Van der Vliet places a comma after _vicem_ and gives none after _improvisa_.]

_The story of Marsyas and his challenge to Apollo._

3. Hyagnis, according to tradition, was the father and instructor of the piper Marsyas, and skilled in song beyond all others in the years when music was still in its infancy. It is true that as yet the sound of his breath lacked the finer modulations; he knew but a few simple modes and his pipe had but few stops. For the art was but newly born and only just beginning to grow. There is nothing that can attain perfection in its first beginnings; everything must commence by mastering the elements in hope, ere it can attain experience and success. Well, then, before Hyagnis the majority of musicians could do no more than the shepherds or cowherds of Vergil who

_Made sorry strains on pipes of scrannel straw._

If any of them seemed to have made some real advance in art, even he played only on one pipe or one trumpet. Hyagnis was the first to separate his hands when he played, the first to fill two pipes with one breath, the first to finger stops with either hand and make sweet harmony of shrill treble and booming bass. Marsyas was his son, and though he possessed his father's skill upon the pipe, he was in all else a barbarous Phrygian, with a filthy beard and the grim and shaggy face of a wild beast. All his body was covered with hair and bristles, and yet--good heavens! he is said to have striven for mastery with Apollo. 'Twas hideousness contending with beauty, a rude boor against a sage, a beast against a god. The Muses and Minerva, hiding their amusement, stood by to judge, that they might make a mockery of the monster's uncouth presumption and punish his stupidity. But Marsyas, like the peerless fool he was, never perceived that he was an object of ridicule, and before he began to blow upon his pipes stammered out in his barbarous jargon some insane boasts about himself and Apollo. He prided himself on the mane thrown back from his brow, on his unkempt beard, his shaggy breast, his skill upon the pipes and his lack of wealth. By contrast--oh the absurdity of it!--he blamed Apollo for the opposite of these qualities, for being Apollo, for wearing his hair long, for having a fair face and smooth body, for his skill in so many arts, and for the opulence of his fortune. 'In the first place,' he said, 'his hair is smoothed and plastered into tufts and curls that fall about his brow and hang before his face. His body is fair from head to foot, his limbs shine bright, his tongue gives oracles, and he is equally eloquent in prose or verse, propose which you will. What of his robes so fine in texture, so soft to the touch, aglow with purple? What of his lyre that flashes gold, gleams white with ivory, and shimmers with rainbow gems? What of his song, so cunning and so sweet? Nay, all these allurements suit with naught save luxury. To virtue they bring shame alone!' And then he proceeded to display his own body as the model of perfection. The Muses laughed when they heard him denounce Apollo for possessing gifts such as the wise would pray to possess, and when this boastful piper had been defeated in the contest and had been skinned as though he were a two-footed bear, they left him with his entrails torn and exposed to the air. Thus did Marsyas sing for his own undoing, and such was his fall. As for Apollo he was ashamed of so inglorious a victory.

_The piper Antigenidas._

4. There was a certain piper named Antigenidas, whose every note made honeyed harmony. He had skill, too, to make music in every mode, choose which you would, the simple Aeolian or the complex Ionian, the mournful Lydian, the solemn Phrygian, or the warlike Dorian. Being therefore the most famous of all that played upon the pipe, he said that nothing so tormented him, nothing so vexed his heart and soul, as the fact that the musicians who played the trumpet at funerals were dignified by the name of pipers. But he would have endured this identity of names with equanimity, had he ever seen the performance of mimes; for he would have noted that the magistrates, who preside in the theatre, and the characters on the stage, who come in for a good cudgelling, are clad in practically the same purple garments. So too, had he ever watched our games! For he would have seen one presiding, another fighting, yet both of them sharing the same common humanity. He would have noted that the Roman toga is worn alike by him who performs a vow to heaven and by him that lies dead upon the bier, that the Grecian pallium serves to shroud the dead no less than to clothe the philosopher.

_Fragment from the opening of a discourse delivered in a theatre._

5. You have, I feel assured, come to this theatre with the best will in the world. For you know that the importance of an oration does not depend on the place in which it is delivered, but that the first thing that has to be considered is, 'What form of entertainment is the theatre going to provide?' If it is a mime, you will laugh; if a rope-walker, you will tremble lest he fall; if a comedian, you will applaud him, while, if it be a philosopher, you will learn from him.

_India and the Gymnosophists._

6. India is a populous country of enormous extent. It lies far to the east of us, close to the point where ocean turns back upon himself and the sun rises, on that verge where meet the last of lands and the first stars of heaven. Far away it lies, beyond the learned Egyptians, beyond the superstitious Jews and the merchants of Nabataea, beyond the children of Arsaces in their long flowing robes, the Ityreans, to whom earth gives but scanty harvest, and the Arabs, whose perfumes are their wealth. Wherefore I marvel not so much at the great stores of ivory possessed by these Indians, their harvests of pepper, their exports of cinnamon, their finely-tempered steel, their mines of silver and their rivers of gold. I marvel not so much that in the Ganges they have the greatest of all rivers which

_Lord of all the waters of the East
Is cloven and parted in a hundred streams.
A hundred vales are his, a hundred mouths,
And hundred-fold the flood that meets the main_;

nor wonder I that the Indians that dwell at the very portals of day are yet of the hue of night, nor that in their land vast serpents engage in combat with huge elephants, to the equal danger and the common destruction of either; for they envelop and bind their prey in slippery coils so that they cannot disengage their feet nor in any wise break the scaly fetters of these clinging snakes, but must needs find vengeance by hurling their vast bulk to the ground and crushing the foe that grips them by the weight of their whole bodies. But it is of the marvels of men rather than of nature that I would speak.[38] For the dwellers in this land are divided into many castes. There is one whose sole skill lies in tending herds of oxen, whence they are known as the oxherds. There are others who are cunning in the barter of merchandise, others who are sturdy warriors in battle and have skill to fight at long range with arrows or hand to hand with swords. There is, further, one caste that is especially remarkable. They are called gymnosophists. At these I marvel most of all. For they are skilled--not in growing the vine, or grafting fruit-trees, or ploughing the soil. They know not how to till the fields, or wash gold, or break horses, or tame bulls, or to clip or feed sheep or goats. What, then, is their claim to distinction? This: one thing they know outweighing all they know not. They honour wisdom one and all, the old that teach and the young that learn. Nor is there aught I more commend in them than that they hate that their minds should be sluggish and idle. And so, when the table is set in its place, before the viands are served, all the youths leave their homes and professions to flock to the banquet. The masters ask each one of them what good deed he has performed between the rising of the sun and the present hour. Thereupon one tells how he has been chosen as arbiter between two of his fellows, has healed their quarrel, reconciled their strife, dispelled their suspicions and made them friends instead of foes. Another tells how he has obeyed some command of his parents, another relates some discovery that his meditations have brought him or some new knowledge won from another's exposition. And so with the rest of them,[39] they tell their story. He who can give no good reason for joining in the feast is thrust fasting from the doors to go to his work.

[Footnote 38: _libentius ego_ (MSS.).]

[Footnote 39: _denique ceteri commemorant_ (MSS.).]

_On Alexander and false philosophers._