APULEIUS' APOLOGY

...of the Author, if only you weigh the place well. It is better, therefore, in the remaining editions to have quitus est he was able/he was allowed, which the lexicons now prove with many examples. But why, I ask, could Aemilianus not sustain the accusation in his own name? But truly, he could have entirely, but he did not dare. Then the same thing is said twice: "for him to order [him] to sustain the accusation in his own name," and "to urge him to act face-to-face" are entirely tautological. Furthermore, the ubi where is in no manuscript, nor in the Elzevir edition, which added et and after etiam also, and the Florentine [manuscript]. I read the whole passage, not a letter changed, thus: ne sic quidem quitus est, ut cominus ageret, percellis, sed jam adversum te, etc. Not even in this way was he able to act face-to-face, you strike, but now against you... The first letter of set (as it is written in manuscripts) had been wrongly joined to percelli: hence the passage was corrupted. For etiam, in the D'Orville manuscript there is et: whence Oudendorp added to the margin: ut cominus ageret percellis, at adversum te that he might act face-to-face, you strike, but against you. But the major punctuation after quitus est, which disturbs the passage, must be entirely removed. Gruter, Unexpected Unedited Fragments, book 20, chapter 10: ne sic quitus est tibi ut com. ag. propelli. Incorrect: for ubi, from which he made tibi to you, crept in contrary to the manuscripts. Finally, the common editions have propellis you drive. The D'Orville manuscript has perpellis you urge. The Florentine, with the Juntine, post, and Scriv. editions, have percellis you strike. Below on page 420: "Celestial Venus... who strikes her followers with no goads or allurements to depravity." J.B.

Ne sic quidem quitus est Not even in this way was he able] What then? Was it permitted to ignore the order of the Proconsul with impunity and so often? It was permitted, when Aemilianus rested on open law, by which it is guarded that no one be forced to act or accuse against his will: as I shall say shortly. Scip. Gent.

Quitus est He was able] That is, he could not be compelled to accuse. Others wrongly [read] Quietus Quiet, as our most learned friend notes here, alleging that Terentian verse: "Shape could not be known in darkness:" from which you would rightly say nequitur it is impossible. Priscian on Dionysius regarding the location of the world: "Here flax is born, which when touched by fire, being ignited, cannot be extinguished." The same.

Ubi ut cominus ageret Where he might act face-to-face] Cominus means in one's own name, which he said earlier, de professo openly/professedly, alluding to the formula of the inscription which exists in the Law of Petitions, Digest on Accusations. Why then does he say below, "of which he had been the professor and machinator planner?" But this pertains to the boasting of Aemilianus outside the law, who used to profess and glory that Apuleius was made a defendant by his own machination, as is written in another place below. Or cominus means directly and by himself and principally, in his own name. For even the one subscribing seems to accuse as if on behalf of another, who is not the principal in acting. Cornelius Nepos in the life of Pomponius Atticus: "He accused no one either in his own name or by subscribing." How much less so he who did not even subscribe, like Aemilianus here? Thus, a stipulation is said by Venuleius to be required to be made cominus, because no one can stipulate unless present and regarding himself, and speaking in conceived and direct words, Law continuus, Digest on verbal obligations. The same.

Ubi ut cominus ageret percellis, etc. cominus calumniis velitatur Where he might act face-to-face, you strike, etc. he skirmishes face-to-face with calumnies] Metamorphoses 5: "Do you see how much danger fortune skirmishes with you face-to-face? And unless you guard yourself very firmly, soon it will engage you face-to-face." And 8: "So that we could not discern at all which disaster we should guard against most, that of dogs face-to-face, or stones from a distance." Pric.

Calumniis velitatur He skirmishes with calumnies] As in Metamorphoses 8: "To skirmish with jokes." Afranius: "To toss words and skirmish with the lips." Festus: "Velitatio skirmishing is the casting of reproaches back and forth." The same: "Advelitatio skirmishing up to is the tossing of words." The same.

In assistendi venia In the permission to assist] Apuleius narrates that his adversary, Sicinius Aemilianus, distrusting the primary case, lest he fall into the danger which had to be undergone in accusing by subscription, sought a hiding place. For on the following day he presented a petition in the name of the boy, having therein written that he only assisted the ward who was accusing: the meaning of which words, to me indeed (lest...