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[1] Quamvis, iudices, plurimum infelicissimae matris adversis miserationis abstulerit, quod ex duobus liberis pari desperatione languentibus alter evasit, et plerisque maximum dolorem prima fronte tractantibus videatur aviditas gaudiorum, ut modo ad totius orbitatis redacta patientiam iam non sit unius salute contenta, non possumus tamen affectibus vestris non hanc primam tristissimae calamitatis allegare mensuram, quae ex ipsa quoque solacii sui condicione descendit: minus misera quereretur de marito, si sanari nec ille potuisset, pro quo est frater occisus: nunc infelix par non est dolori, nunc non invenit ulla solacia, ex quo sibi videtur filium perdidisse victurum. super impatientiam tristissimae orbitatis increscit, quod intellegit illum non sine sanitate fuisse languorem, nec persuaderi miserae potest perituro laborasse fato, in quo inventum est, quod sanaret alium. captet licet crudelissimus senex parricidii immanitatem metu maiore protegere, non invenio, unde colligi possit utrumque fuisse moriturum; ex duobus aegris non periit nisi qui occisus est.
[1] Although, judges, the adversities have taken away very much of pity for the most unfortunate mother, because out of two children languishing with equal desperation one escaped; and to most, handling the matter at first face, the avidity of joys may seem the greatest grief—that, reduced now to total bereavement, her patience is now not content with the safety of one—nevertheless we cannot but allege to your feelings this prime measure of a most sorrowful calamity, which also descends from the very condition of its solace: she would complain less miserably of her husband, if not even that one, for whose sake the brother was slain, could have been healed; now the unhappy woman is not equal to her pain, now she finds no solaces, since it seems to her that she has lost a son who would have lived. Over and above the impatience of most sorrowful bereavement there increases the fact that she understands that that sickness was not without soundness, nor can the wretched woman be persuaded that he labored under a fate that was going to perish, in which there was found that which healed the other. Though the most cruel old man may strive to protect the enormity of parricide by a greater fear, I do not find whence it can be gathered that both were going to die; of the two sick, none perished except the one who was slain.
[2] Ante omnia igitur illud a vobis infelicissima mater petit, ne maximi sceleris ideo decrescat invidia, quia pati videtur et reus ex orbitate tantundem. non perdidit filium, quisquis occidit. explicat a dolore patrem, quod sibi videtur fecisse rem maximam et in locum iuvenis amissi substituit de vanitate solacium.
[2] Before all things, therefore, that most unhappy mother asks of you this: that the odium of the greatest crime not for that reason be lessened, because the accused too seems to suffer just as much from bereavement. He has not lost a son, whoever has killed. The father frees himself from grief, because he seems to himself to have done a very great deed, and in place of the youth lost he substitutes a solace from vanity.
Different is, different the condition of the mother who did not believe the physician, in whose case the monstrosity of the most savage condition could not obtain credence for attempting a trial. For both she feared, for both she hoped. It is an outrage that he seem of greater piety, who could make terms about the death of his son for the certain safety of the other.
Est tamen, sanctissimi iudices, quod de crudelissimo parricida queri possit non sola mater: adiecit humanis calamitatibus ipsam sanitatem et morborum languorisque violentiam medicinae concessit. filium occidit, si ipsi creditis, fortasse moriturum, et hominem, cuius caritas debuerat ipsa desperatione crevisse, in hoc solum impendit, ut tantundem superesset incerti. non exonerat, iudices, immanitatem saevissimi patris, quod ha<n>c ratione<m> credidit: de languente filio rem inauditam, rem facere crudelem unam rationem habet, si ipse sanetur.
There is, however, most holy judges, something about the most cruel parricide of which not the mother alone can complain: he added to human calamities health itself, and granted to medicine the violence of diseases and of languor. He killed a son who, if you believe him, was perhaps going to die, and upon the man whose charity ought to have grown by the very desperation he expended only this, that just as much uncertainty should remain. It does not exonerate, judges, the immanity of a most savage father that he trusted to this rationale: as to a languishing son, to do a thing unheard-of, a cruel thing, has one rationale—if he himself be healed.
[3] O tristior indigniorque semper mensura calamitatum, magna felicitas! huncine fecit exitum illa modo civitate tota conspicua mater, ille indiscretus ab utroque latere comitatus, ille gaudentium dulcis error oculorum? quid mihi mortem nuntiatis unius?
[3] O great felicity, ever the sadder and more unworthy measure of calamities! Did that mother, only just now conspicuous to the whole city, make this the end for him—that one indiscriminately accompanied on both sides, that sweet error of the eyes of those rejoicing? Why do you announce to me the death of a single one?
Passi sunt enim languorem miserrimi iuvenes sine dubio pariter unaque, non fraternitate, non animae corporumque consortio, sed condicione fragilitatis humanae, qua sic extranei quoque duo languere potuissent, non negaverim terribilem, gravem, et parentibus utique metuendum, de cuius tamen adhuc, ut parcissime dixerim, remedio quaereretur. quid refert, an medici consenserint utrumque periturum, cum eundem dixerint esse languorem? manifestum est de duobus non dixisse verum, quos de altero constat esse mentitos.
For the most wretched youths suffered the illness, without doubt equally and together, not by fraternity, not by the consortium of soul and bodies, but by the condition of human fragility, by which likewise two strangers could have languished thus—I would not deny it terrible, grave, and assuredly to be feared by parents—yet, to speak most sparingly, a remedy for which was still being sought. What does it matter whether the physicians agreed that both would perish, since they said the illness was the same? It is manifest that they did not speak the truth about the two, seeing that it is established that they lied about the other.
now, however, judges, we do not complain about so lost a pronouncement, that they entrusted to the parents the sick whom they seemed to themselves not to be able to extricate; more innocent is the simplicity to despair, if you do not know the remedies, and I count as probity, born of the evil of ignorance, this: that you only deny that a languor (malady) which you do not know can be cured. yet very great is the blame of the men—and for whom <g>most welcome would be humanity in discharging a debt—if they knew this kind of curation and were unwilling to indicate it.
[4] vultis, ut illos mentitos breviter probem? desperaverunt de languore, cuius remedium, si patri creditis, alius invenit.
[4] Do you wish that I briefly prove those men to have lied? They despaired of the illness, whose remedy, if you believe the father, another found.
Sive enim, iudices, vanissimus nescientium vidit hanc patris in periculo liberorum rigidam nimiamque patientiam et hominem in filiorum languore sollicitum de remedio generis humani, sive captavit ex hoc velut quandam artis imaginem imitari, quod sanare non poterat, et ignorantiae pudorem tegere magno temptavit incerto, sive, ut aliud videretur dixisse quam reliqui, verba desperationis incredibili vanitate variavit magnaque miseros parentes ambage suspendens tutissimum putavit promittere, quod deberet nemo experiri: causas quidem se dixit ignorare morborum, sed salutem spopondit unius, si licuisset alterum occidere, lacerare, perspicere. en, cui pietas patris, cui credere sollicitudo debuerit: dixit se scire remedium, quod nesciebat!
Whether, judges, the most vain of the ignorant saw in the father, in the peril of his children, a rigid and excessive patience, and a man, in the languor of his sons, solicitous about the remedy of the human race; or whether he tried to capture from this, as it were, a certain image of art, to imitate what he could not heal, and attempted to cover the shame of his ignorance with a great uncertainty; or whether, so that he might seem to have said something other than the rest, he varied words of desperation with unbelievable vanity, and, holding the wretched parents in suspense by a great circumlocution, judged it safest to promise what no one ought to put to the test: he said indeed that he was ignorant of the causes of the diseases, but he pledged the health of the one, if it were permitted to kill, lacerate, and inspect the other. Lo, the man to whom a father’s pietas, to whom his solicitude ought to have given credence: he said that he knew the remedy which he did not know!
He consulted neither kinsmen nor friends, but, content with his own persuasion and the physician’s—which is more culpable than if he himself had killed—he was able to choose the one or the other. Let the parricide now say what that achieved: that even with <tam> similar, so equal patients, that desperation prevailed against the other. If it was no concern of the physician which one he killed, it will be established that both could have lived; if it did matter, it will be established that the languor was not the same.
[5] breviter tamen longae crudelitatis explicanda saevitia est: ex omnibus, quae pertulit, levissimum fuit, quod occisus est.
[5] briefly, however, the savagery of a long cruelty is to be explicated: of all the things that he endured, the very lightest was that he was slain.
Non est, quod veniam tristissimae curationis paret, quod videtur in alio fratre explicata promissio: an alterum medicus sanaverit, fortuna viderit; quod negari non potest, alterum medicus occidit. erumpit hoc loco mulier infelix et tota libertate proclamat: 'redde mihi,' inquit. 'marite, filium, quem tibi pariter medicoque commisi, <recipe quem mihi credidisti>. hic est ille vester insanabilis, ille moriturus, hic, quem permiseras medico, si maluisset, occidere.
There is no reason that he should procure pardon for the most sorrowful curation, because the promise seems to have been fulfilled in the other brother: whether the medic healed the one, let Fortune see to that; what cannot be denied is that the medic killed the other. At this point the unhappy woman bursts out and with complete freedom proclaims: ‘Give me back,’ she says, ‘husband, the son whom I entrusted to you and equally to the medic, <take back the one whom you entrusted to me>. This is that incurable one of yours, that one doomed to die, this one whom you had permitted the medic, if he had preferred, to kill.’
You see what anxious vows of piety, what solicitous prayers, have accomplished. While now we recall the warmth to the cold chest by breasts laid atop, while we animate the frigid limbs with continual kisses and with the breath of the trembling mother, while the slipping eyes, at our exclamations and our beatings of the breast, with the light gradually admitted, are loosened, while I tell many falsehoods, promise many things, and declare the brother healed—he looked back to life, he convalesced, he escaped. Yet I do not vaunt my piety; I do not arrogate to myself the outcome of the prosperous cure.
[6] Pudeat vos, o iura legesque, quod miserrimi sexus dolorem his clusistis angustiis. ita maritum, quod occisus est filius, malae tractationis uxor accusat? perdiderunt legis huius auctoritatem, quae ad illam uxorias querelas, matrimoniorum solent deferre delicias; ego illam datam miseris tantum matribus puto.
[6] Be ashamed, O rights and laws, that you have shut the sorrow of the most wretched sex within these straits. Is it thus that, because the son has been slain, the wife accuses the husband of maltreatment? Those who are wont to refer to that law uxorial complaints—the indulgences of marriages—have ruined the authority of this law; I, for my part, think that it was given only to wretched mothers.
but she can unfold a divorce from an iniquitous consort, and she protects against marital injuries, so that you need not be willing to furnish patience. it succors those whom it is impious to go away from, to depart—those whom the nexus of common pledges has constricted into the hard and perpetual embrace of a most-wretched marriage, who are not sufficient either to leave or to bear bad husbands and fathers alike. is it a crime, then, to evade a husband, because she would be condemned if she complained of him for a lesser pain?
therefore does she act shamelessly, because, for matronal adornment stripped away and retinue denied, with nights spurned and with her face beaten, she bewails her son slain? I am still silent about those things through which the monstrosity of parricide grew; I bring forward the slain son—suppose him luxurious, profligate, guilty—imagine that the father did this from anger, from indignation. How great a crime it is to kill a son, no one more confesses than he who wishes to seem to have done it for the son’s sake.
Ecquid, iudices, vel ex hoc totus animus mariti, tota tristissimae coniugis calamitas perspici potest, quod se negat matri communium liberorum debere rationem? placet ergo, mortales, ut de hominibus, in quos plus ex harum sanguine, ex harum transit anima, non habeant partem nisi tantum doloris? solos ergo communicabit misera planctus, et ab omnibus consiliis, quibus ordinatur iuventa, vita disponitur, extranea vilitate seposita circa maerores tantum lacrimarumque consortium orbitate iungetur?
Can, judges, even from this, the whole disposition of the husband and the entire calamity of the most sorrowful wife be perceived, that he denies that he owes an accounting to the mother of their common children? Does it please, then, mortals, that, regarding the human beings into whom more of their blood, more of their soul passes, they should have no share save only of pain? Will the wretched woman, then, share only lamentations, and from all counsels by which youth is ordered and life is disposed be shut out, set aside with alien vileness, and be joined, in the destitution of bereavement, only around griefs and a consortium of tears?
[7] si mehercules fas est aestimare, utri plus parenti debeatur ex liberis, non improbe totam potestatem sibi vindicabit adfectus, qui decem mensibus ante vestram incipit diligere notitiam, et, cum vos patres gaudium primum faciat oculorum, ante sunt conscientia matres. facinus est ideo tantum illis minus licere, quia minus facere sufficiunt. vos estis, qui crescentes adhuc in peregrinationes, qui iam adultos in castra magnorum parentum vanitate dimittitis.
[7] if, by Hercules, it is right to estimate to which parent more is owed by the children, not unjustly will affection claim for itself the whole authority, which begins to love ten months before your recognition; and, while you fathers furnish the first joy of the eyes, mothers are beforehand by conscience. it is a crime that for this reason only less is permitted to them, because they suffice less to act. you are the ones who send them, still growing, into peregrinations, who, when already adult, dispatch them into the camps, by the vanity of great parents.
You blush at desires as though at infirmity, and you want to love your children with patience—whence the swiftest passage is into rigor. How many things you do concerning your children for this reason alone, because it is permitted! and more often you commit a fault by a vaunting of your power, as if it were some kind of gravity.
Your bereavement has no tears; over blazing pyres you hold an unshaken and rigid face, you go to meet consolations, and—what exceeds every measure of ferocity—you angle, in a great calamity, to be praised. Will there be anything, then, which, concerning the common pledges, your children, you will not do with equal mind, equal [im]patience, or, if necessity should demand it, equal rigor? It is only the concern of a bad father that the mother be permitted less.
Sane cedat vobis circa regendas communium pignorum mentes sexus infirmior; vos mores, vos vitae genus, vos matrimonia ceterosque actus vestra persuasione firmetis; numquid arrogans consortium, numquid impotens societas est liberos communes esse languentes? si quis immo pudor est, cede nunc tota potestate matri, illius si in aegri toro proximus locus, haec adhibeat fomenta, porrigat cibos. si quid impatientia, si quid flagrantium viscerum poscit infirmitas, mater neget, mater indulgeat.
Surely let the weaker sex yield to you in regard to governing the minds of the common pledges (children); you, by your persuasion, do you fortify morals, the mode of life, marriages, and the other acts; is it in any way an arrogant consortium, is it a powerless society, that the common children should be languishing? Nay rather, if there is any modesty at all, yield now all authority to the mother—if the closest place at the sick one’s couch is hers, let her apply fomentations, let her proffer food. If the infirmity demands anything of impatience, anything of the burning viscera, let the mother deny, let the mother indulge.
[8] frustra captas videri velut timore mat
[8] It seems a contrivance in vain, as though, from fear of maternal charity, one were set aside from every rationale of care. When parents do not agree concerning the treatments of the children, the fault is that of the treatment, not of the mother.
Quid, quod filium occidit innocentem, cui nihil obicere, nihil poterat irasci? filium, si ipsi creditis, pro fratre mori paratum, cuius suprema ferre non poterat? novum, iudices, et incognitum rebus humanis audite facinus: iam parricidium pietas, caritas et impatientia orbitatis admittit!
What of this—that she killed an innocent son, against whom he could bring no charge, at whom he could be angry for nothing? A son, if you believe him, ready to die for his brother, whose last rites he could not bear to perform? Hear, judges, a novel crime, unknown to human affairs: now parricide is admitted by piety, by charity, and by the impatience of bereavement!
I prefer odium, complaints, execrations, rather than that anyone should kill his children by the very affection by which they are preserved. What does it matter whether by this the soul of the other son is redeemed? If it is right for parricide to receive any causes, a son ought to be killed on account of himself alone.
Adicite, iudices, immanitati, quod occidit aegrum. omnibus equidem mortalibus maiorem crediderim de languore venire reverentiam, et illorum quoque, quos inter supplicia pereuntis avido spectamus assensu, iuxta valetudines tamen morborumque violentiam quodam innocentiae favore miseremur. in carceribus et in illa profunda nocte poenarum religiosius ille anheli pectoris pallor inspicitur; non sic confundunt obvios gravibus catenis colla stridentia et diutino squalore concreta facies ut ille, quem ad singulos conatus gressusque labentem vix trahit impellitque longus ordo vinctorum, et inter tot destinatos totque perituros omnium tamen in se retorquet oculos unus aeger.
Add, judges, to the inhumanity this: that he killed a sick man. For my part I would believe that among all mortals a greater reverence arises on account of languor, and even for those whom we watch with eager assent perishing amid punishments, nevertheless according to their valetudines and the violence of diseases we pity them with a certain favor of innocence. In prisons, and in that deep night of penalties, that pallor of a gasping breast is gazed upon more religiously; not so do necks creaking with heavy chains and faces congealed by long squalor confound those they meet as does that man whom, slipping at each attempt and step, the long file of the shackled can scarcely drag and shove; and among so many destined and so many about to perish, nevertheless one sick man twists all eyes back upon himself.
[9] quid ais? tu illum, quem nunc nefas est castigare, reprehendere, cuius auribus parcere debuerunt saeviora verba, quem, si quid negares, videreris occidere, ferro, vulneribus aggrederis? non potest hinc tibi venire defensio, ut hoc sis pro alterius salute commentus.
[9] What do you say? You—do you attack with iron, with wounds—the man whom now it is impious to chastise, to reprehend, whose ears the more savage words ought to have spared, whom, if you denied him anything, you would seem to be killing? No defense can come to you from this, namely that you contrived this for another’s safety.
Temptat hoc loco, iudices, crudelissimus senex excusationem temeritatis suae de medicorum trahere consensu: 'desperaverant,' inquit, 'de duobus.' sepono paulisper immanitatem patris, qui credidit, et de arrogantissimae persuasionis hominibus queri [de] totius generis humani nomine volo. quam multas artes, misera mortalium sollicitudo, fecisti! fato vivimus, languemus, convalescimus, morimur.
He attempts in this place, judges, the cruelest old man, to draw an excuse for his temerity from the consensus of the physicians: 'they had despaired,' he says, 'of the two.' I set aside for a little while the immanity of the father, who believed, and I wish to complain, in the name of the whole human race, about the men of the most arrogant persuasion [about]. How many arts, wretched solicitude of mortals, have you fashioned! By fate we live, we languish, we convalesce, we die.
medicine, what do you provide, except that beside you no one should despair? do you think I am going to say: 'I do not believe those reporting back, I do not approach when they abandon and leave the ailing?' I for my part do not believe doctors when they are hoping. look at the greater part of the human race and, if you ask me, that more robust part, that still living in the primal truth of nature: it knows no priests of this art, and yet it heals no less the wounds of wars and the assaults of diseases; not by the vanity of clever disputations, but by experiments and, in turn through similar and dissimilar cases, with observation leading, it brings aid by a handed-down method.
[10] quo vultis animo feram, quod ars, quantum dicitis, inventa pro vita, si dis placet, auctoritatem famamque captat, ut longe ventura suprema prospiciat, ut adesse fata denuntiet, quae nec timentur, et maxima scientiae pars esse coepit sanare non posse? quisquamne ab homine, qui adhuc loquitur, spirat, intellegit, sic recedit, quemadmodum relinquitur exanime corpus, et ibi finem vitae putabit, ubicumque scientiae substiterit infirmitas? si fragilitatem mortalitatis incertosque velimus aestimare casus, tantundem periculi habet omnis aeger.
[10] With what mindset do you wish me to bear that the art, as much as you say, invented on behalf of life—if it please the gods—snatches at authority and fame, so that it may foresee far off the final things to come, so that it may declare the fates to be at hand, which are not even feared, and that the greatest part of its science has come to be to be unable to heal? Will anyone pass away from being a man who still speaks, breathes, understands, in the same way as a lifeless body is left, and think the end of life is there wherever the weakness of science has come to a halt? If we wish to assess the fragility of mortality and the uncertain chances, every sick person has just as much danger.
It is most iniquitous that “desperations” be invoked whenever medicine does not find a remedy, and that the straits either of the art or of the human mind be referred to the envy of the Fates. I think nothing concerns all more than that hope for a human should be as long as life. Whence do you think the slow apparatus of funerals was devised—whence that we always disquiet the obsequies with plaints, with clangor and with great ululation—if not because it would seem a crime to entrust oneself so readily even to Death?
We have therefore frequently seen people return to life after the last rites had been cried out. Many recovered by the benefit of negligence; some were extricated by the very thing which perhaps would have killed others; these were helped by the temerity of indulgence, those by the audacity of desperation.
[11] detur fortassis huic arti perspicere morbos, profutura meditari, sed unde sciret, quantum inter viscera latentesque pectoris sinus unicuique animae natura concesserit, quam proprietatem spiritus, quam corpus acceperit? non tam variae mortalibus formae, nec in vultibus nostris sedet tanta diversitas, quanta latet in ipsis dissimulitudo vitalibus. inenarrabile, indeprehensibile est, quicquid nos elementorum varia compago formavit, et, prout in nos plura seu rariora de terrenis seminibus caelestibusque coierunt, ita vel duramur tacita ratione vel solvimur.
[11] Let it perhaps be granted to this art to see through diseases, to meditate things that will be of profit; but whence would it know how much nature has conceded to each soul among the entrails and the hidden folds of the breast, what property of spirit, what body each has received? The forms are not so various among mortals, nor does so great a diversity sit in our faces, as great as the dissimilarity that lies hidden in the vital parts themselves. Ineffable, inapprehensible is that whereby the varied compages of the elements has fashioned us; and, just as more numerous or rarer things from earthly and heavenly seeds have come together in us, so we are either tempered by a silent reason or dissolved.
Iustas mehercule haberet mulier causas querelarum, si nova incognitaque ratione vel utrumque servasses, numquam ex magno venit affectu incredibilia vel profutura temptasse, et in re, quae plus de incerto habet, temeritas experimenti solam probat desperationis audaciam. quid refert, cuius sit condicionis aeger, quantum adhuc spei, quantum videatur habere de vita? sacrosancti sint parentum metus.
By Hercules, the woman would have just causes for complaints, if by a new and unknown method you had saved one or even both; it never comes from great affection to have attempted the unbelievable or even things likely to be beneficial, and in a matter which has more of the uncertain, the rashness of an experiment proves only the boldness of desperation. What does it matter what condition the sick person is in, how much hope remains, how much he seems to have of life? Let the fears of parents be sacrosanct.
And this too pertains to the facility toward parricide: that, concerning the languor of sons, you rather side with those who despair. You put faith in men whom another affirms to be lying; against whom in turn you believe a single man? ~especially if me~ by Hercules, if I were to perceive a ferocity in you, if in whatever treatment of your son you were not to employ your kinsfolk, not to question your friends, not to look to the mother’s mind; is not this your first impatience, is not this the fear of the consul?
[12] 'Fratres,' inquit, 'et gemini erant, ideoque credibile est illis eundem fuisse languorem.' rogo, quis in ullo mortalium ferat ignorantiam pariter et adfirmationem? quisquis nescit, quod genus languoris sit, non potest scire, an idem sit. nihil, iudices, in rebus humanis voluit esse rerum natura tam simile, quod non aliqua proprietate secerneret.
[12] 'Brothers,' he said, 'and they were twins, and therefore it is credible that they had the same illness.' I ask, who among any mortals would tolerate ignorance together with affirmation? Whoever does not know what kind of illness it is cannot know whether it is the same. Nothing, judges, in human affairs has the nature of things willed to be so similar that it would not be distinguished by some property.
What does it matter whether that first compages of the two bodies and souls originates from the same seeds? Each one is made firm for himself, each one is composed for himself, and two or more brothers are born by the fate of each individual. This very indifference which passers-by marvel at in their encounters, the eyes of the city are astonished by; yet the recognition of the parents distinguishes, the knowledge of the nurses separates, and even when the marks deceive, there is again something by which the very similarity makes for dissimilarity.
in very many cases, although the face be indiscrete, yet there is found a different sound of the mouth (voice), bearing, gait; or else—so that the persons themselves cohere—a diverse mind, contrary morals and modes of life wrangling. What of the fact that a dissimilar Fortune also proves that the nature of twins is not the same? this one perpetual poverty has pressed down; that one unforeseen opulence has cultivated; this man has carried his whole span of life through titles and honors, that man through ignoble, obscure squalor.
[13] quantum putas interfuisse temporis, dum primum uteri pondus egeritur, dum parumper exonerata vitalia altero rursus homine laxantur? breve fortassis exiguumque videatur inmortalibus oculis, sed si terrena mente perspicere velis orbis huius vastitatem, scies multum esse, quod inter duas transcurrat animas. volvitur super nos haec caeli siderumque compago, et praecipiti per proclive decursu ~totius diei noctisque brevitate emensus orientis occidentisque cursus~ diversi siderum in primo statim ortu rotato se rursus axe consequitur.
[13] How much time do you think intervened, while the first weight of the womb is expelled, while the vitals, for a little while disburdened, are loosened again for another human being? Brief and slight, perhaps, it may seem to immortal eyes; but if you wish with an earthly mind to perceive the vastness of this orb, you will know that it is much which runs between two souls. This structure of heaven and of the stars is rolled above us, and by a headlong course down a declivity, ~having measured out in the brevity of a whole day and night the courses of the east and of the west~ at the very first rising of the various stars, with the axis whirled, it overtakes itself again.
Sed fingamus hoc esse verum, quod desperaverunt medici; relinque nobis, pater, innocentiam calamitatis. salva solacia sint de liberis, quos tibi videris non perdidisse nisi fato. quis ex parentibus nescit in hanc se mortalitatis procreare legem?
But let us feign this to be true, what the physicians have despaired of; leave to us, father, the innocence of the calamity. Let the consolations remain intact concerning the children, whom you seem to yourself not to have lost except by fate. Who among parents does not know that he procreates under this law of mortality?
but unworthy exits are beyond bereavement. Therefore we weep the more for those whom wars have rapt away, a conflagration has gulped down, shipwrecks have submerged. You would bear it more stoutly when they are slipping away amid the hands of those sitting by, amid the offices of their own, when kisses have been exchanged mutually, when conversations have sated themselves, when the final mandates have been given, and piety knows itself to have done everything for life.
[14] Non invenio, quemadmodum excusationem pater de consensu possit accipere medicorum. hoc est, quod omnem comparationem feritatis excedit: filium pater propter hominem occidit, quem non putavit posse sanari. quod tu monstri portentique genus es? habes parricidii patientiam, non habes orbitatis; ita demum potes filii mortem, si facinus adieceris!
[14] I do not find how the father can accept an excusation on the basis of the consent of the physicians. This is what exceeds every comparation of ferocity: a father killed his son on account of a man whom he did not think could be healed. What kind of monster and portent are you? You have the patience for parricide; you do not have it for bereavement; thus only can you bear your son’s death, if you add a crime!
You kill because the physicians have despaired? I would complain, by Hercules, if you had left him, if anxiety had relaxed anything of the continuation of care. So you will do nothing more than those who now perhaps make the rounds of more patients, whom another treatment draws off, whom another care calls away?
Quis hanc, iudices, inpudentiam ferat? temptat pater, ut et huic rei credatis, quod desperaverunt omnes et quod speravit unus. nostrae quidem querelae sufficit non convenisse medicis, et cum inventus sit, qui contra sensum desperantium genus aliquod sanitatis adferret, fas erat, iudices, ut adhuc inveniretur alius, qui laetiora, utiliora promitteret.
Who would bear this impudence, judges? The father tries to have you believe, even in this matter, that which all have despaired of and which one has hoped. For our complaint it suffices that the physicians were not in agreement, and when there was found someone who, against the sense of those despairing, would bring some kind of health, it was right, judges, that yet another be found who would promise more cheering, more advantageous things.
Do you think that I now complain of this, that in a matter in which it ought not to have been believed by all, credence accrued to one? it makes no difference whether there remains a remedy which you ought not to try; and where you expect just as much danger as despair carries, the better outcome is that which makes the miserable innocent. why are we preparing envy against the prior physicians?
[15] Quid ais, pater? ita tecum quisquam sic audet agere de duobus filiis tamquam de duobus ervis? tu ex geminis alterum occidendum dabis?
[15] What do you say, father? Does anyone thus dare to deal with you about two sons as if about two slaves? Will you, from the twins, hand one over to be killed?
I would not endure it, if you should dare to expose them to separation; if you were content to rear one or the other, I would not endure a son captured by pirates redeeming another man’s son by a vicarious servitude. Will you make alternations of orphanhood, and diffuse the mischance of each through both? I would call it parricide, if, with the physician promising that he would heal one, you could choose the one to perish.
it is almost more cruel to divide twins than to lose them. behold the science to which credence ought to be given! he denies that he knows the causes of the languor, then he promises whatever ought not to be permitted even to those who understand: 'i will kill,' he says, 'then i will heal.' remember, father, that in this condition killing comes first.
you see how much the physician has shrouded his promise and experiment in caliginous gloom: it will never be established whether the patient was going to die from languor, he who is killed in another way. 'I do not know,' he says, 'the kind of languor.' After this utterance, by Hercules, you ought not to entrust patients to him, even if he should wish to try draughts of a potion, novelties of foods and fomentations. 'I do not know,' he says, 'but, if you permit me to open the vital parts of another, to break open the chest, perhaps I shall find a remedy.' You are already excused, physician, before the mother: you hoped that you would not be believed.
[16] Differo paulisper, quod de fratribus, quod de geminis, quod pater hoc facit non consentiente matre; publico potius mortalitatis contendo nomine non debere genus istud curationis admitti. peractum est velut de genere humano, si nobis pro salute aegri opus est morte hominis alterius, et paene ratio sanitatis intercidit, si consumit medicina tantundem. ego quemquam dicentem feram: 'ut inveniam valetudinis causas, date mihi corpus aliud, alia vitalia; occidam, deinde salutaria quaeram, profutura meditabor'? ita non facilius est nosse languorem?
[16] I postpone for a little while the points about the brothers, about the twins, about the father’s doing this without the mother’s consent; rather, on public grounds, in view of our mortality, I contend that this kind of curation ought not to be admitted. It is as though it were all over with the human race, if for us the health of a patient requires the death of another human being, and the rationale of health almost perishes, if medicine consumes just as much. Am I to endure anyone saying: 'in order that I may discover the causes of health, give me another body, other vitals; I will kill, then I will seek salutary things, I will meditate what will be of use'? Is it not easier thus to know the disease?
Nullum, sanctissimi iudices, natura morborum genus solis visceribus abscondit, et quicquid causas valetudinis de vitalibus trahit, in corpus emanat. inde pallor, inde macies, quod ad interiorem dolorem superposita consentiunt. non invenio, cur hominem vulneribus exquiras, cum remedia quoque vitalibus per corpus immittas, et in latentes meatus <per> haec, quibus tegimur, medicina descendat.
Nature, most holy judges, hides no kind of disease solely in the viscera, and whatever draws the causes of the state of health from the vital parts emanates into the body. Thence pallor, thence emaciation, since the overlying parts consent to the interior pain. I do not find why you should seek a man out by wounds, since you also send remedies into the vital parts through the body, and into the latent meatus medicine descends through <per> those things with which we are covered.
Why then does languor not admit understanding by the same reasoning as health? Either a more hurried course of enclosed blood, or a more frequent panting of the laboring breath, betrays hidden and deep diseases. Trust, before all, the senses about these things—your eyes—and question those very persons who are the subject of concern, now singly, now together, to which part especially the heavy weight of the silent pestilence has settled, and from where the conscious pain bursts forth into groans.
[17] Quid? si aliquid sanato medicina potest praestare rationis, sufficit, quod, aliquando iam facta exanimis hominis inspectione, ad totius intellectum naturae medicina profecit. quid adlaturus huic aegroto es, quod non tot saeculorum, tot languentium experimenta deprehenderint?
[17] What then? If medicine can furnish anything of reason to the healed, it suffices that, once an inspection of a lifeless man has already at some time been made, medicine has advanced to the understanding of nature as a whole. What are you going to bring to this sick man that the experiments of so many ages, of so many languishing persons, have not apprehended?
if the sick man fluctuates excessively with humors, let there be at hand those things through which, the veins compressed and closed, the body may desiccate into new vigor. if abstinence profits too little, let him in turn be cherished by the quality of foods. if the breath is pressed after aliments have been received, let it be kept to purer meatus by fasting and hunger.
A great material for experiments has fallen to you, physician: two sick men and the same languor. There is no need for you to wait until the great diversity of future benefits unfolds itself through the patience of one man; you can try at once the same things, consonant things, different things, conflicting things. There is no reckoning of wounds, of blood, of last things.
Quid, quod, etiam ut idem sit valetudinis genus, necesse est tamen duorum corporum diversitate varietur? numquam in alienis visceribus invenias totum, quod de altero quaeras, et alius languor est, <si> alius aeger. cur maximum nefas alterius filii salute defendis?
What of this—that, even granted the same genus of health, nevertheless by the diversity of two bodies it must be varied? Never in another’s viscera will you find in full what you seek from someone else, and there is a different languor, if there is a different patient. Why do you defend the greatest impiety on the plea of the safety of another man’s son?
[18] quicquid nos in vitia morborum a naturali sanitate commutat, facit aut nimii sanguinis pondus exaestuans aut superfluens calor aut ultra naturalem modum humor exundans aut spiritus per tacitos meatus non solita laxitate discurrens. quid horum, si vitalia ferro vulneribusque resecentur, salvum potest esse languentibus, cum compressi spiritus laborem protinus ille reserati pectoris meatus emittat, sanguis isdem pariter deprehendatur egrediaturque vulneribus? an fas putatis, ut suam servent viscera nudata faciem, ut nihil perdat ex priore natura illud pectoris vitaeque secretum, cum admisit oculos?
[18] Whatever alters us from natural health into the vices of diseases is brought about either by the seething weight of excessive blood, or by superfluous heat, or by humor overflowing beyond the natural measure, or by the breath coursing through silent meatus with an unwonted laxity. Which of these, if the vitals are resected by iron and by wounds, can remain safe for the languishing, when the channel of the unbarred chest forthwith emits the labor of the compressed breath, and the blood likewise is apprehended and goes out through the same wounds? Or do you deem it right that the bared viscera preserve their own appearance, that that secret of the chest and of life lose nothing from its prior nature, when it has admitted eyes?
And indeed, at each single blow and at the very long lingerings of wounds, how much of the whole man is converted into clamor and groaning! It is necessary that all the causes by which life is contained perish, whenever life itself is consumed; and together with the man—who is slain on account of the recognition of his languor—the languor itself likewise little by little dies out. Defer at least, father, this cruelty; whatever you do upon the son, you will do upon a cadaver.
Interrogare mehercules hoc loco libet, utrumne periturum pater an medicus elegerit. negavit sua interesse, quem occideret. hoc, si et alter perisset, probaverat utrumque fuisse periturum; cum convaluerit, probat utrumque victurum.
I would, by Hercules, like to ask at this point, whether the father or the physician chose that he should perish. he denied that it was to his interest whom he killed. this—if the other also had perished—would have proved that both had been going to perish; when he has recovered, he proves that both will live.
[19] ubi est
[19] where is the impatience, by which the cadaver is scarcely dismissed to the pyres, by which the lifeless body is held fast in an embrace? Immortal gods, how savage, how cruel is hesitation itself! While you deliberate, while you refuse each one, you commit parricide against both.
Transfert, iudices, reus in medicum electionis invidiam: 'ille,' inquit, 'aestimavit, ille decrevit,' ergo manifestum est non parem fuisse languorem: ex duobus aegris plus habuit spei, propter quem debuit alter occidi. recede paulisper, mulier infelix; filii tui nobis referenda curatio est. felices aegri, qui languore moriuntur, qui supremos anhelitus inter suorum amplexus, inter suorum adloquia posuerunt!
The defendant, judges, transfers onto the physician the odium of the choice: 'that man,' he says, 'assessed, that man decided,' therefore it is manifest the illness was not equal: of the two patients, the one for whose sake the other ought to have been killed had more hope. Step aside for a little while, unhappy woman; the treatment of your son must be reported by us. Happy the sick who die of illness, who have laid down their last breaths in the embraces of their own, amid the addresses of their own!
as he was a young man, at the very first uncertainty of the comparison, soon tortured by the choice, the mother, first, was driven away from the one about to perish, and the just-now assiduous services of the servants were suddenly changed into the offices of death. The coverings are pulled from his trembling limbs, and, that the hands about to make an assault might have access to the whole body, his pitiable and to-be-lamented leanness is laid bare. Then he is stretched across the whole couch, and he is set out to endure an immobile and rigid patience through all the spaces of the little bed.
That carnifex receives the blade, not one with which the right hand would at once imprint the whole wound, but one which, lightly and little by little cutting, would suspend the soul on the confines of death and life with pain weighed out. This was the exhortation, this the allocution of the youth about to perish: 'Endure bravely, admit it patiently; the brother will be healed. There is no cause that you be exanimated with fear, that you fail from pain.'
[20] contentum fuisse medicum toto homine discentem primo putatis aspectu? egesta saepe vitalia, pertractata, diducta sunt; fecerunt manus plura quam ferrum. stat iuxta medicum pater apertis visceribus inhians; stillantem animae sedem cruentis manibus agitantem ne festinet, hortatur, iubet altius diligentiusque scrutari, interrogat, dubitat, contendit, adfirmat et accipit de filii morte rationem.
[20] Do you suppose the physician, learning the whole man, was content at the first sight? The vital parts were often brought out, handled, drawn apart; the hands did more than the iron. The father stands beside the physician, gaping at the opened viscera; as he, with bloody hands, agitates the dripping seat of the soul, he urges him not to hasten, bids him to search deeper and more diligently, he questions, he doubts, he contends, he affirms, and he receives a reasoned account of his son’s death.
but the unhappy woman, having rolled to the closed doors and, with her whole body, breaking open the bloody seclusion, cried out as if over pyres and barrows: 'hear, most wretched young man, if any sense still remains to you, hearken: your mother did not permit this—believe my bereavement, believe my tears; nor would a brother wish to be healed by this method.' meanwhile the wretch was being refreshed with draughts, was detained by addresses, the residual gore was being compressed, the opened vital parts were being closed. no one ever endured such new contrivances of savagery: as though he were being healed, he was slain. go now and inquire whether he could have lived, with the physician healing, he who lived so long even while he is being killed.
[21] Vos tunc putatis illius tantum languoris medicum quaesisse causas? quaesivit quicquid nesciebat, et usus occasione rarissima in omnem voluit proficere novitatem. dii inmortales, quantum infelix iuvenis animae, quantum sanguinis, quantum habuit ex vita, qui pertulit ordinem longissimae curationis!
[21] Do you then think that the physician sought only the causes of that sickness? He sought whatever he did not know, and, using a most rare opportunity, he wished to advance into every novelty. Immortal gods, how much of soul the unhappy youth had, how much blood, how much he had of life, who endured the sequence of a very long treatment!
Libet mehercules intueri par illud: aegrum videtis hominem, qualem non salutares medentium manus, non ars inventa pro vita, sed diri ferarum rabidique morsus et animalium fames satiata destituit; hinc alium, in novas vires recensque robur reddito vigore surgentem. vultis scire, iudices, unde venerit tanta diversitas? illum pater curavit, hunc mater.
By Hercules, it pleases me to gaze on that pair: you see a sick man, such as not the salutary hands of the healers, not the art invented for life, but the dire bites of wild beasts and rabid bites and the sated hunger of animals have left abandoned; and here another, rising into new strength and fresh robustness, vigor being restored. Do you wish to know, judges, whence such diversity has come? That one the father cared for, this one the mother.
'How much,' she says, 'wretched, I have endured labor, while I fostered so great a sadness! There was no quarrel for me with diseases nor contention with the rigor of a repugnant state of health. Entirely dissolved into tears and grief, he hated the light: he would spit out foods, scorned draughts, and fled life out of the shame of parricide.
[22] sine dubio filius est et post gravissimas denuntiationes redditus vitae, sed ignoscat natura, pietas: non est solacium matri unus ex geminis. felicior ille dolor est, quo transigi saltem cum oculis potest;
[22] without doubt the son exists and, after most grave denunciations, has been restored to life, but let nature, let piety, forgive: one out of twins is not a solace to a mother. Happier is that grief, with which at least one can come to terms with the eyes;
Convertitur hoc loco, iudices, mulier infelix et velut ad quandam praesentiam amissi iuvenis 'sive,' inquit, 'tandem securitate mortis explicitus in aliquo <angulo> sedis aeternae pudore requiescis, sive exclusus ac vagus et inter fabulosa supplicia metuendus adhuc laceratione per stupentes horrentesque manes umbra discurris, audi miserrimae matris iniquissimam conplorationem. non quidem licuit mihi in illud conditorium cubiculum tuae mortis inrumpere nec supra carrissima membra prostratae meis vulnera tua tegere visceribus. quod solum tamen potui, corpus, quod medicus, quod reliquerat pater, hoc sinu misera collegi ac vacuum pectus frigidis abiectisque visceribus rursus implevi, sparsos artus amplexibus iunxi, membra diducta conposui et de tristi terribilique facie tandem aegri cadaver imitata sum.
At this point, judges, the unhappy woman turns, and as if to a certain presence of the lost youth: “Whether,” she says, “at last, released by the security of death, you rest with modesty in some