Form of the Apologia.
The Apologia has every appearance of being preserved just as it was delivered and perhaps as it was taken down by short-hand writers; it does not seem to have undergone the subsequent revision to which Cicero subjected some of his orations. It must have been hastily composed, since Apuleius states that it has been only five or six days since the charges were suddenly brought against him, while he was occupied in defending another lawsuit brought against his wife.[1060] There also are numerous apparently extempore passages in the oration, notably those where Apuleius alludes to the effect which his statements produce, now upon his accusers, now upon the proconsul sitting in judgment. From the Florida we know that Apuleius was accustomed to improvise.[1061] Moreover, in the Apology certain statements are made by Apuleius which might be turned against him with damaging effect and which he probably would have omitted, had he had the leisure to go over his speech carefully before the trial. For instance, in denying the charge that he had caused to be made for himself secretly out of the finest wood a horrible magic figure in the form of a ghost or skeleton, he declares that it is only a little image of Mercury made openly by a well-known artisan of the town.[1062] But he has earlier stated that “Mercury, carrier of incantations,” is one of the deities invoked in magic rites;[1063] and in another passage[1064] has recounted how the outcome of the Mithridatic war was investigated at Tralles by magic, and how a boy, gazing at an image of Mercury in water, had predicted the future in one hundred and sixty verses. But this is not all. In a third passage[1065] he actually quotes Pythagoras to the effect that Mercury ought not to be carved out of every kind of wood.
Philosophy and magic.
If in the Metamorphoses the practice of magic is imputed chiefly to old-wives, in the Apology a main concern of Apuleius is to defend philosophers in general[1066] and himself in particular from “the calumny of magic.”[1067] Epimenides, Orpheus, Pythagoras, Ostanes, Empedocles, Socrates, and Plato have been so suspected, and it consoles Apuleius in his own trial to reflect that he is but sharing the undeserved fate of “so many and such great men.”[1068] In this connection he states that those philosophers who have taken an especial interest in theology, “who investigate the providence of the universe too curiously and celebrate the gods too enthusiastically,” are the ones to be suspected of magic; while those who devote themselves to natural science pure and simple are more liable to be called irreligious atheists.
Magic defined.
But what is it to be a magician, Apuleius asks the accusers,[1069] and therewith we face again the question of the definition of magic, and Apuleius gradually answers his own query in the course of the oration. Magic, in the ordinary use of the word, is described in much the same way as in the Metamorphoses. It has been proscribed by Roman law since the Twelve Tables; it is hideous and horrible; it is secret and solitary; it murmurs its incantations in the darkness of the night.[1070] It is an art of ill repute, of illicit evil deeds, of crimes and enormities.[1071] Instead of simply calling it magia, Apuleius often applies to it the double expression, magica maleficia.[1072] Perhaps he does this intentionally. In one passage he states that he will refute certain charges which the accusers have brought against him, first, by showing that the things he has been charged with have nothing to do with magic; and second, by proving that, even if he were a magician, there was no cause or occasion for his having committed any maleficium in this connection.[1073] That is to say, maleficium, literally “an evil deed,” means an injury done another by means of magic art. The proconsul sitting in judgment takes a similar view and has asked the accusers, Apuleius tells us,[1074] when they asserted that a woman had fallen into an epileptic fit in his presence and that this was due to his having bewitched her, whether the woman died or what good her having a fit did Apuleius. This is significant as hinting that Roman law did not condemn a man for magic unless he were proved to have committed some crime or made some unjust gain thereby.
Good and bad magic.
Does Apuleius for his part mean to suggest a distinction between magia and magica maleficia, and to hint, as he did not do in the Metamorphoses, that there is a good as well as a bad magic? He cannot be said to maintain any such distinction consistently; often in the Apology magia alone as well as maleficium is used in a bad sense. But he does suggest such a thought and once voices it quite explicitly.[1075] “If,” he says, “as I have read in many authors, magus in the Persian language corresponds to the word sacerdos in ours, what crime, pray, is it to be a priest and duly know and understand and cherish the rules of ceremonial, the sacred customs, the laws of religion?” Plato describes magic as part of the education of the young Persian prince by the four wisest and best men of the realm, one of whom instructs him in the magic of Zoroaster which is the worship of the gods. “Do you hear, you who rashly charge me with magic, that this art is acceptable to the immortal gods, consists in celebrating and reverencing them, is pious and prophetic, and long since was held by Zoroaster and Oromazes, its authors, to be noble and divine?”[1076] In common speech, however, Apuleius recognizes that a magician is one “who by his power of addressing the immortal gods is able to accomplish whatever he will by an almost incredible force of incantations.” But anyone who believes that another man possesses such a power as this should be afraid to accuse him, says Apuleius, who thinks by this ingenious dilemma to prove the insincerity of his accusers. Nevertheless he presently mentions that Mercury, Venus, Luna, and Trivia are the deities usually summoned in the ceremonies of the magicians.[1077]
Magic and religion.
It will be noted that Apuleius connects magic with the gods and religion more in the Apology than in the Metamorphoses. There his emphasis was on the natural materials employed by the witches and their almost scientific laboratories. But in the Apology both Persian Magi and common magicians are associated with the worship or invocation of the gods, and it is theologians rather than natural philosophers who incur suspicion of magic.