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 ζῳοτόκα and ᾠοτόκα—together with the causes of this distinction and the organic differences by which it is characterized, in a word—for I would not weary you by discussing all the different methods of generation in animals—treating of the distinguishing marks of species, their various manners of life, the difference of their members and ages, with many other points necessary for the man of science but out of place in a law-court. I will ask that a few of my Latin writings dealing with the same science may be read, in which you will notice some rare pieces of knowledge and names but little known to the Romans; indeed they have never been produced before to-day, but yet, thanks to my toil and study they have been so translated from the Greek, that in spite of their strangeness they are none the less of Latin mintage. Do you deny this, Aemilianus? If so, let your advocates tell me in what Latin author they have ever before read such words as those which I will cause to be recited to you. I will mention only aquatic animals, nor will I make any reference to other animals save in connexion with the characteristics which distinguish them from aquatic creatures. Listen then to what I say. You will cry out at me saying that I am giving you a list of magic names such as are used in Egyptian or Babylonian rites. Σελάχεια μαλάχεια μαλακόστρακα χονδράκανθα ὀστρακόδερμα καρχαρόδοντα ἀμφίβια λεπιδωτὰ φολιδωτὰ δερμόπτερα στεγανόποδα μονήρη συναγελαστικά. I might continue the list, but it is 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 acarnè 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.

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.

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.