Complete Works of Apuleius, Vol. IV

Sallust. An example of the same crime in the Cluentiana Oration for Cluentius, where [it speaks] of Oppianicus and Sassia. Truly, therefore, the Emperor Constantine [wrote] regarding women marrying again: "they should not grant to new husbands not only the property of their children but also their lives." Book XXII, Codex on the administration of guardians. See the most memorable example contrary to the above in Aulus Gellius, book XII, chapter 7, and no less memorable is the judgment of Dolabella, Proconsul, or rather of the Areopagites. The same.

PAG. 401 Non tam crimina Judicio Not so much crimes in a formal trial] For the case was not conducted with the Granii except regarding the affairs of my wife Pudentilla, and in a Civil Trial: they say it is written in the old Codex, Indicio by information/indictment. The same.

Objectamenta jurgio prolata Charges brought forth in a brawl] Below: "Here you have that accusation begun with brawls." Pric.

Ibi vero Æmilianus Then truly Aemilianus] Why did Aemilianus intervene here, when the patrons of the Granii had objected these things to Apuleius and had been challenged by Apuleius to accuse him? I think it was done for this reason, because those patrons had named Aemilianus as the author of those slanders, and he himself had confirmed those same slanders with his own voice. For it follows regarding Aemilianus himself, "when he was shouting that Pontianus, the son of his brother, had been killed by me a little while before." Scip. Gent.

Rem factam The deed done/The matter settled] Nothing to be changed. These answer the above: "not so much crimes in a formal trial, as charges brought forth in a brawl:" and the meaning is: When Aemilianus saw that, because of the insistent demands of Apuleius, it was no longer time to skirmish with words, but that the matter was fact, that his charges could not be contained within a brawl, but that they would be brought into a trial as crimes, he began to ask, etc. Pric. has already noted that Rem here signifies litem a lawsuit, whom see. Moreover, he also spoke of words concerning brawls in Terence, Andria II. 4, at the end, where cf. Ruhnken. and Hecyra III. 1. 33, and there Donatus. You could also explain this place ex verbis rem factam from the words the deed done as our people say: en dat het van woorden tot daden gekomen was and that it had come from words to deeds. J. B. Ex verbis rem factam videret He saw from the words that the deed was done] And indeed a capital [crime]. Livy somewhere: "Lest he count conversations had with a lover as a matter not only serious, but capital." Terence "to bring words to the matter:" Apuleius understands that a trial was born from a brawl, a lawsuit from threats. Thus Cicero and others elegantly said "to call a matter into the middle," for to move a lawsuit or controversy. It is another thing, "To have the matter done," in Martial book VI, Epigram IX. "Pompillus has the deed done, Faustinus; he will be read, and his name will scatter in the whole world." Scip. Gent. Ex verbis rem factam From the words the matter settled] That is, a Lawsuit. Ausonius: "Does one thing denote Empire, a lawsuit, Venus?" Varro On the Latin Language, book VI: "For whom the Matter was in controversy, it was called a Lawsuit, therefore in actions we see it said, WHICH MATTER OR LAWSUIT IT IS PROPER TO SAY." And in the XII: "FOR THE MATTER OR THE LAWSUIT GIVE THREE ARBITERS." The exactitude of Cicero mocked in For Murena: "Now that" (he says) "is accustomed to seem wondrous to me, that so many men, so ingenious, after so many years, still could not determine whether it was proper to say the third day or the day after tomorrow: Judge or Arbiter: Matter or Lawsuit." And from Res (by the same witness, II. On the Orator) were called Rei defendants/parties not only those who were argued to be of a crime, but generally all those regarding whose affairs it was being discussed. Gallus at Festus: "The defendant is he who has a lawsuit contested with another, whether he acted, or it was acted against him." Pric.

Quæ facilius infamatur Which is more easily defamed] Read qua. Burm. Badly. Oud. Burm. on Petronius, cap. 62, citing this place in passing, warned that it should be read qua, not quæ: and thus indeed Seneca speaks in Ep. 99. "These are they who object to us too much rigor and defame our precepts with harshness:" whereas the same [author] in Ep. 22 has: "there is no reason for anyone to defame them to you for recklessness:" just as Aur. Vict. On Famous Men, c. 78, "of immodesty