The Defense

 1

 2

 3

 4

 5

 6

 as Catullus says, after the filthy fashion in vogue among the Iberians.

 7

 8

 9

 What is there so lascivious in all my verses compared with that one line? I will say nothing of the writings of Diogenes the Cynic, of Zeno the founde

 Now let me read you the others also which they read last as being the most intemperate in expression.

 10

 There is another poem by Plato dealing conjointly with the boys Alexis and Phaedrus:

 Without citing any further examples I will conclude by quoting a line addressed by Plato to Dion of Syracuse:

 11

 The divine Hadrian, when he honoured the tomb of his friend the poet Voconius with an inscription in verse from his own pen, wrote thus:

 words which he would never have written had he regarded verse of somewhat too lively a wit as proving their author to be a man of immoral life. I reme

 12

 13

 14

 15

 16

 17

 18

 19

 20

 21

 22

 The lines which follow are so wonderful, that had you read them you would envy me my wallet even more than you envy me my marriage with Pudentilla.

 23

 24

 25

 26

 27

 28

 29

 30

 But you who take such exception to fish attribute far different instruments to magicians, charms not to be torn from new-born foreheads, but to be cut

 31

 Similarly in another passage he says:

 But never in the works of Homer did Proteus anoint his face nor Ulysses his magic trench, nor Aeolus his windbags, nor Helen her mixing bowl, nor Circ

 32

 33

 34

 35

 36

 37

 38

 39

 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

 40

 41

 42

 43

 44

 45

 46

 47

 48

 49

 50

 51

 52

 53

 54

 55

 56

 57

 58

 59

 60

 61

 62

 63

 64

 65

 66

 67

 68

 69

 70

 71

 72

 73

 74

 75

 76

 77

 78

 79

 80

 81

 82

 These words, which I have quoted in Greek, have been selected by Rufinus and separated from their context. He has taken them round as a confession on

 83

 84

 85

 86

 87

 88

 89

 90

 91

 92

 93

 94

 95

 96

 97

 98

 99

 100

 101

 102

 103

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,' they said. 'What is your point then? How did the fact of her having a fit profit Apuleius?'

That third question showed brilliant penetration and persistence. You knew that it was necessary to submit all facts to stringent examination of their causes, that often facts are admitted while motives remain to seek, and that the representatives of 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.