No More Learning

Father Ennius, too, leaped forward to sing of the battle
Never unless well drunk! "
That same aristocrats' disease, the Nemesis of port wine and good
living, gout,-is reputed to have carried off this austere and con-
tented poet at threescore and ten (in 169 B. C. ). Perhaps the hospi-
talities of the Scipios and Fulvii must bear the blame. Horace too
loved his "mess of watercress," at home; - and dined by preference
with Mæcenas! At any rate, Ennius had no prolonged last illness
nor dotage. Says Gellius: "Ennius tells us in the twelfth book of his
-


## p. 5479 (#39) ############################################

ENNIUS
5479
'Annals' that he is in his sixty-seventh year when composing it. "
The completion of eighteen books is made certain by many quota-
tions.
The total amount of these citations by later authors is about six
hundred hexameters, perhaps a twentieth of the whole. Many are
mere half-lines or single verses, quoted by a grammarian for a rare
word, or by literary critics to illustrate Virgil's method of graceful
borrowing. The latter tribe, by the way, make a strong showing.
Plagiarism is not quite the nicest word. The ancients seem to have
felt there was one right way to say anything. If they found a block,
large or small, shaped to their hand, they merely tried to set it where
it should be more effective than even where its maker put it! Often
the open transfer was a loyal courtesy.
"Muses, ye who beneath your feet tread mighty Olympus »
were the first words of the 'Annals. ' Other early fragments are:
"Fettered in slumber gentle and placid — »
"Seemed to approach me Homer the poet->
This opening vision may be connected with the assertion attributed
to Ennius, that the soul of Homer had transmigrated, through many
other incarnations, into his own body.
The tale of Rome, it would seem, began as with Virgil in the
Troad,
"Where in Pelasgian battle the ancient Priam had fallen. »
Romulus appeared as the child of Æneas's daughter Rhea Silvia. It
was apparently Cato who, first among Romans, noted the gap of some
four centuries between the traditional time of Troy's downfall and the
accepted Roman founder's date, and so caused the shadowy kings of
Alba to defile in long uneventful line, like Banquo's descendants,
across the legendary stage. Cato may have published his discovery
as a savage criticism upon this very poem.
However diversified in scale and tone of treatment, the entire his-
tory of Rome of course constitutes a subject hopelessly beyond the
limits of epic unity. The sections of the long poem must have fallen
apart, like those of all later rhythmical chronicles. Yet we may well
believe that the energy of the manly singer, his patriotic spirit, his
faith in Rome's high mission, never flagged nor failed.
The tenderest passage extant seems modeled on a briefer sketch
in Io's account of her own sorrows, in Eschylus's 'Prometheus. '
The Vestal Rhea Silvia has been startled by a prophetic dream:


## p. 5480 (#40) ############################################

5480
ENNIUS
RHEA SILVIA'S DREAM
R
AISING her trembling body, the crone with a light had approached
her:
This is the tale she affrighted relates, when roused from her
slumber:--
"Daughter of Eurydicè, by our father dearly beloved,
Force and life are wholly from out my body departed!
Ay, for it seemed that a goodly man amid beautiful willows
Bore me by banks of rivers and unknown places. Thereafter,
Sister mine, in solitude. -so I fancied I wandered:
Slowly I sought thee, with wistful heart, but could not descry thee,
Tracing thy feet; for nowhere a pathway guided my footsteps.
Then in these words, and aloud, methought my father addressed me:
'O my daughter, for thee is first great sorrow appointed:
Then in turn shall fortune revisit thee, out of the river. '
Such were my father's words, O sister, and then he departed,
Suddenly, nor was he seen by me, though heartily longed for:
Not though often my hands to the azure expanses of heaven
I with tears held forth, and in loving accents addressed him:-
Then, with pain, from my weary heart had slumber departed. ”
We cannot doubt, however, that the poem reached its highest
level in describing the life struggle of Rome against Pyrrhus, and
later against Hannibal. The former commander impressed even his
Italian foemen as a gallant and chivalric figure. One fine speech of
his yet remains, and Ennius must have had much of that "stern joy
that warriors feel" when he laid such noble words upon the lips of
the Epirote king. To be sure, their final victory made it easier for
the Romans, or for their annalist, to be generous.
PYRRHUS'S SPEECH
G
OLD for myself I crave not; ye need not proffer a ransom.
Not as hucksters might, let us wage our war, but as soldiers:
Not with gold, but the sword. Our lives we will set on the
issue.
Whether your rule or mine be Fortune's pleasure,- our mistress,—
Let us by valor decide. And to this word hearken ye also:-
Every valorous man who is spared by the fortune of battle,
Fully determined am I his freedom as well to accord him. -
Count it a gift. At the wish of the gods in heaven I grant it.
From that more prolonged dubious and mortifying struggle with
the greatest of Carthaginians, wherein Ennius himself had played a


## p. 5481 (#41) ############################################

ENNIUS
5481
manful part, no such effective passage is quotable. There are how-
ever three lines only in praise of the great Fabius, which we might
be glad to apply to our own Washington or Lincoln:-
CHARACTER OF FABIUS
SIMPLY by biding his time, one man has rescued a nation.
Not for the praises of men did he care, but alone for our safety.
Therefore greater and greater his fame shall wax in the future.
The Greek element in this monument of Roman patriotism was
evidently large. Numerous passages yet remain which can be profit-
ably compared with their Hellenic originals. Indeed, upon his formal
side Ennius may have been as far from independence as Virgil him-
self. Like most Roman poets, he is interesting less as a creative or
imaginative artist than as a vigorous patriotic man, endowed with
robust good sense and familiar with good literary models. His own
character is at least as attractive as his work.
For these reasons we may regret somewhat less the loss of his
tragedies, which were no doubt based almost wholly upon Greek ori-
ginals. Mere translations they were not, as the rather copious frag-
ments of his 'Medea' suffice to show when set beside Euripides's
play. In any case, it would be unfair to hold him responsible for
sentiments uttered by his dramatic characters; e. g. ,—
"I have said, and still will say, a race of Heavenly gods exists:
But I do not think they care for what concerns the human race:
If they cared, the good were happy, bad men wretched. 'Tis not so! »
Of course, whoever said this may have had as prompt cause for
remorse as Sophocles's Jocasta. There was however in Rome — more
perhaps than in Athens a prevailing conviction that the dramatic
stage should offer us only manly and elevating types of character.
For instance, excessive lamentation over physical or psychical woes
was sternly condemned, and perhaps largely eliminated from the
Latin versions of Attic dramas. Even a single play of the best
Roman period, like Ennius's 'Medea,' would give us fuller knowledge
on all such questions; but we can hardly hope that any have been
preserved, even in Egyptian papyrus rolls.
In many other interesting ways Ennius took a leading part in
enabling "vanquished Greece to conquer her victors. " In the list of
comic poets, indeed (quoted by Gellius, xv. 24), Ennius has but the
tenth and last place, even this being granted him merely "causa anti-
quitatis. " In truth, humor was probably the one gift of the gods
almost wholly denied to Ennius, as to another sturdy patriot-poet,
John Milton. He translated a Greek work on Gastronomy, a subject
―


## p. 5482 (#42) ############################################

5482
ENNIUS
with which he may have been only too familiar. In his 'Epichar-
mus' the old Sicilian poet appeared to him, like Homer, in a dream:-
"For it seemed to me that I was lying dead upon my couch.
Some are truthful visions, yet it need not be that all are so.
'Tis the soul perceives and hearkens: all things else are deaf and blind. "
The purport of the vision was a material explanation of the universe,
based upon the four elements of Empedocles. Ennius hit upon a
recondite truth, in attempting to explain away the very gods of the
Roman Pantheon:
"That I mean as Jupiter which among Greeks is known as air. »
Modern philology verifies this almost literally. These may well
have seemed bold words to publish in Rome, though the refined
circle about the Scipios had doubtless as little belief in the popular
mythology as the men of the world—and of letters-who met two
centuries later around Mæcenas's board. Ennius even translated
Euhemerus, who has given his name to the theory that makes the
divine legends mere distorted reminiscences of real men and women,
living many generations earlier. The Transmigration doctrine is
hardly consistent with these atheistic tendencies, and the whole tale
of the identity between Homer's and Ennius's soul may be based
merely on some bold assertion of Ennius's own supremacy in Latin
letters. Few Roman poets have any false (or real) modesty on this
question.
This brings us to the last form of Ennius's poetic activity which
we can mention; viz. , epitaphs. On Africanus he wrote an elegiac
couplet, expressing the favorite eulogy of the ancients upon a suc-
cessful soldierly life. Xenophon, for instance, records a prayer of the
younger Cyrus to quite the same effect.
EPITAPH ON SCIPIO
HERE is he laid unto whom no man, whether foeman or comrade,
Ever was able to give recompense worthy his deeds.
In the companion inscription intended for himself, Ennius brings
two familiar thoughts into rather striking association. Tennyson's
'Crossing the Bar' has lifted the first to a far nobler level.
EPITAPH ON ENNIUS
NO ONE may honor my funeral rites with tears or lamenting.
Why? Because still do I pass, living, from lip unto lip.


## p. 5483 (#43) ############################################

ENNIUS
5483
An iambic couplet, quoted from "Ennius, in the third book of his
Satires," may be echoed thus:-
-
HAIL, Ennius the poet, who for mortal men
Thy flaming verses pourest from thy marrow forth!
Perhaps in these same 'Satires' (Miscellanies? ) occurred another
eulogistic couplet upon his illustrious friend :-
EPITAPH ON SCIPIO
HOW GREAT a statue shall the folk of Rome to thee upraise,
How tall a column, Scipio, that thy deeds may duly praise?
This friendship of Ennius with the elder Africanus was quite
famous. The young bearer of the name, Emilianus, showed simi-
lar appreciation of the noble Greek exile Polybius. We know just
enough of these Scipios and their age to realize that in our enforced
ignorance we miss the noblest spirits, doubtless also the happiest days,
of republican Rome. It was the general belief of later antiquity,
that a bust of Ennius had an honored place in the tomb of the
great Scipio family. This does not appear to have been verified,
however, when the crypt was discovered in modern times.
We have already indicated that Ennius's work, so far as we can
judge it, by no means justified his claim to Homeric rank, in any
sense. Perhaps he never held a place at all among the great masters
of creative imagination. But at least, by his vigorous manly char-
acter, his wide studies, his good taste, and his lifelong industry, he
does claims a position as an apostle of culture and the founder of lit-
erature, perhaps fairly comparable to that of Lessing.
We cannot-for the best of reasons - follow the present study
with adequate citations, as is the rule in this work. It is not even
possible to point out for the English student any translation of the
scanty fragments which survive. For a fuller selection from them,
however, and also for a more copious discussion of Ennius's charac-
ter, we are glad to refer to one of the best sections in a most excel-
lent book: Chapter iv. of The Roman Poets of the Republic,' by
the late William Y. Sellar. Classical specialists will find Lucian
Müller's study of Ennius the most exhaustive. The fragments of the
'Annals' are also given in Bährens's Poetæ Latini Minores,' Vol. vi.
Wizzian Cranston Lawton,


## p. 5484 (#44) ############################################

5484
YOGX
JOSEF EÖTVÖS
(1813-1871)
HE life of Baron Josef Eötvös falls within the most critical
period of Hungarian history. He was born in Buda-Pesth
on September 23d, 1813, at a time when the Hungarians
were already in open revolt against the Hapsburg rule. His father,
who had accepted great favors from the government and was conse-
quently considered hostile to the cause of the people, had married a
German woman, Baroness von Lilien. Her
nobility of character and true culture had
a great influence on her son in his early
childhood; and added to this was the equally
important influence of his tutor Pruzsin-
sky, a man who had taken an active part in
Hungarian politics, and was thoroughly im-
bued with the French liberal ideas of 1789.

JOSEF EÖTVÖS
When the young Baron Eötvös was sent
to a public school, his schoolmates treated
him so coldly that he demanded an expla-
nation. He was told that his father had
embraced the cause of the government and
was a traitor, and that most likely he would
be a traitor himself. He had a boy's igno-
rance of politics, but went home determined to understand the situa-
tion; and the result was his first political speech,-from the teacher's
desk in the school-room,- in which before his assembled enthusiastic
schoolmates he swore fidelity to Hungary and the cause of Hungarian
liberty, an oath of which his entire life was the fulfillment.
When Eötvös had finished his law studies he accepted a position
in the government offices; but to a man of his wide interests the dry
official life could not be satisfying, and in 1830 he made his literary
début with a translation of Goethe's 'Götz von Berlichingen. ' In
1833 followed an original comedy, The Suitors'; in '34 a tragedy,
'Revenge'; and in '35 a translation of Victor Hugo's 'Angelo. ' His
æsthetic introductions to his translations attracted the attention of
the Hungarian Academy, and caused his election as corresponding
member at the early age of twenty-two. The literary publications
of the following years contained several lyric poems from his pen.
In 1836 Eötvös went abroad and spent a year traveling in Ger-
many, Switzerland, Holland, France, and England. Upon his return


## p. 5485 (#45) ############################################

JOSEF EÖTVÖS
5485
he gave up his official position and went to his father's estate Sály,
where he wrote his first great novel, The Carthusian Monk. ' It is
written in the form of the autobiography of a young Frenchman,
Count Gustave, who finds himself a prey to the most tormenting
doubts. The prejudices of the aristocracy, the recklessness of the
would-be democrats, the tottering of the old faith, and the hopeless-
ness of atheism, are powerfully depicted. Gustave's bride Julie leaves
him for her lover, a man of low birth. Her happiness is short-
lived, and followed by deep disappointment and degradation. Gustave.
considers himself partly responsible for her misery, and makes an
attempt to forget his sorrow in a life of pleasure and dissipation; but
his moral abasement brings him despair instead of oblivion. He
meets his former bride' Julie, and in trying to rescue her, loses his
new bride Betty and causes her unhappiness. Driven to despair, he
seeks comfort in a Carthusian cloister, but not even here, in prayer
and silence, does he find peace. After an attempt to commit suicide,
from which he is saved by a song sung outside his window, he finally
becomes reconciled to life by the daily contact with religious faith
and quiet industry, and dies with a regained belief in immortality.
After 1840 Eötvös settled in Buda-Pesth and began his career as
politician and statesman. Two years before, he had published a
pamphlet on prison reforms, and had defended the system of silence
as opposed to that of solitary confinement. In 1840 he published two
essays, one on 'Pauperism in Ireland' and the other on The Eman-
cipation of the Jews. ' He was a stanch adherent of Kossuth's, and
became the foremost writer on Kossuth's paper: the articles which he
wrote for this he collected later under the title Reform'; in 1847
he published a continuation of them, Teendöink' (Our Problems).
He was moreover considered the most brilliant leader and speaker
of the Opposition party.
<
In 1846 Eötvös wrote his second great novel, The Village No-
tary,' a book which secured him world-wide fame. It is intended to
be a true picture of the county administration system of Hungary at
the time: we find here the landed aristocracy, both great and small;
the poor nobleman without landed property; the official of the county
administration; the submissive peasant, and all the remaining pariahs
of Hungarian society. The novel contains three or four stories, more
or less connected: the family tragedy of the sheriff Rety; the fate of
the poor village notary Tengely, who is not able to prove his noble
birth and in consequence is subjected to many prosecutions and trials;
and finally the story of the honest but quick-tempered peasant Viola,
who is driven to a lawless life by the arbitrariness and cruelty of his
superior. This novel is inseparably linked with the name of Eötvös,
and may justly be considered one of the masterpieces of Hungarian
literature.


## p. 5486 (#46) ############################################

5486
JOSEF EÖTVÖS
When the progressive party under Kossuth conquered in 1848,
when the policy of the Opposition was sanctioned by the King and
the first responsible ministry was founded, Baron Eötvös accepted
the portfolio of Minister of Education. When the war with Austria
became inevitable he went abroad, and did not return until peace
was established. In Munich he wrote his work on The Equality
of the Nationalities,' and began his book on 'The Dominant Ideas
of the Nineteenth Century and Their Influence upon the State. ' The
Academy made him its vice-president in 1855, and the next year
president.
During the following years he continued his political activity as
member of the Reichstag and editor of a political weekly; and when
a reconcilation with the government took place in 1867, he again
became member of the cabinet, and remained so until his death.
Personally Eötvös was a man of unusual culture of mind and heart,
a nobleman in the truest and fullest sense of the word. As poet,
writer, and statesman, it is he more than any other Hungarian who
has exerted an influence upon the course of European culture.
VIOLA IN COURT
From The Village Notary'
THE
HE appearance of the prisoner produced a profound sensation.
in the court. Kishlaki felt deep pity for his misfortunes,
though he could not but admit that his fate was in part
merited. Völgyeshy, who had heard enough to convince him
that there was no hope of the court pronouncing in favor of
Viola, shuddered to think that the man whom he saw was
doomed to die before sunset. Mr. Catspaw showed great un-
easiness when he heard the rattling of the chains; and Shoskuty,
who had never seen the robber, was quite as much excited by
his curiosity as Mr. Skinner by the feelings of ill-dissembled tri-
umph with which he watched the prisoner's features and carriage.
Zatonyi alone preserved his habitual composure.
"At last you've put your head in the snare, you precious vil-
lain! " cried Mr. Skinner. "Well, what do you say? Whose turn
is it to be hanged? Yours or mine, eh? "
The president of the court looked amazed; but Mr. Skinner
laughed, and said:-
"Perhaps you are not aware of my former acquaintance with
Viola? There's a bet between us two, who is to hang first; for


## p. 5487 (#47) ############################################

JOSEF EÖTVÖS
5487
that fellow has sworn to hang me if ever I fall into his hands.
Is it not so, Viola? "
"No," said the prisoner, "it's not so. If I swore I would be
revenged, it is well known that I had good cause for it; I have
to thank this gentleman for my wretched life and shameful
death. But I never vowed to hang you! "
"Never mind! " shouted the justice. "You are humble enough,
now that you are in the trap; but I am sure you would have
kept your word if you had been able to put your hands upon
me. I too have sworn an oath, to hang you where I find you—
now tell me who has the worst of it? "
"I know that all is over with me," replied Viola, fixing his
dark eyes upon the justice; "there is no one to take my part —
I know I must die; but it is cruel to insult a dying man. ”
Völgyeshy, who was scarcely able to repress his feelings, inter-
fered, and protested in Latin that there was a vendetta between
the accused and one of the judges, and that another judge must
be found. But his protest had no other effect than an admoni-
tion, which the president gave Mr. Skinner in very bad Latin,
to eschew such light and irrelevant conversation; and the court
commenced forthwith to examine the prisoner.
Viola replied calmly and simply to the questions which were
put to him; and at last, as though wearied by the length of the
examination, he said:-
"What is the use of all this questioning? It is a pity the
gentlemen should lose their time with me. Mr. Skinner has told
me that I am to be hanged; why then should I waste my words
in an attempt to save my life? I'll confess anything you like,
I don't care what it is; for believe me, if it had not been for
my family, I would never have waited till this day. I would
have hanged myself in the forest to make an end of it, I assure
you. "
"But how can you possibly confess, when you are ignorant of
what you are accused of? " said Völgyeshy. "You stand before
righteous judges. Speak out, man, honestly and freely, as you
would speak to God; for believe me, the judges are by no means
agreed upon your sentence. "
"Thanks to you for your good-will," said the culprit; "but I
know there is no help. I am a robber; I have been taken in
arms; they will hang me. They may do it: but let them make
haste; and spare me your questions! "


## p. 5488 (#48) ############################################

5488
JOSEF EÖTVÖS
Mr. Catspaw, who showed some uneasiness, interposed, and
said:
-:
"If he refuses to confess, we cannot force him: it is expressly
set forth in the articles that no violence is to be used to obtain
a confession. Our best plan is to read the questions to him, and
if he refuses to answer them, why, it's his own business, not
ours. "
"No," said Völgyeshy; "this man ought to know that his
fate does not depend on the decision of the worshipful Mr.
Paul
Skinner; that the court are prepared to listen to his defense, and
that the verdict will be dictated neither by hate nor revenge, but
by pure and impartial justice. If the prisoner knows all this,
which it appears he does not, he may possibly be induced to
reply to the charges. "
He turned to Viola, and continued:.
"Speak out, my man. Your life is in the hands of these gen-
tlemen, who have to answer for it to God, your Judge and theirs.
Pray consider that unless you speak, there is no hope for you.
Think of your family; and, tell us plainly, is there anything you
have to say for yourself? "
Kishlaki was deeply moved; Mr. Catspaw cast an angry look
at the speaker, and Zatonyi yawned.
"I will not speak in my own defense! " said the prisoner.
"Pray consider," urged the young lawyer; "the court will
listen to anything you may say. These gentlemen have a painful
duty to fulfill; but they are far from wishing to take your life.
If you can give us any excuses, do so, by all means. "
"It is provided in Chapter 6 of the Articles, that the prisoner
shall not be wheedled into a confession," said Zatonyi, with an
expression of profound wisdom.
«< Gentlemen," said Viola at length, "may God bless you for
your kindness, and for your wishing to help me! but you see
it's all in vain. There are indeed many things I might say in
defense; and when I go to my God, who knows all and every-
thing, I am sure he'll judge me leniently; but there is no salva-
tion for me in this world. You see, your worships, there is no
use of my telling you that once upon a time I was an honest
man, as every man in the village of Tissaret can prove. What is
the use of my saying that I became a robber not from my own
free will, but because I was forced to it; that I never harmed any
poor man; that I never took more from the gentry, in the way of


## p. 5489 (#49) ############################################

JOSEF EÖTVÖS
5489
robbing, than what was necessary to keep life in my body; and
that I never killed any one, unless it was in self-defense? Am
I the less punishable for saying all this? No. Whatever my
comrades may have done is scored down to my account. I am a
robber and a dead man. ”
"All this may serve to modify the sentence. But what do
you mean by saying that you were forced to be a robber? »
"Ask his worship, the justice of the district," said the prisoner,
looking at Mr. Skinner; "he knows what made me a robber. "
And he proceeded to tell the tale of his first crime.
"It's true; its true as gospel," sighed Kishlaki. "I came to
Tissaret on the day after the thing had happened, when the
sheriff told me all about it. "
"Nihil ad rem! " said Zatonyi.
"But what does it avail me? " continued the prisoner, whose
pale face became flushed as he spoke. "What can it avail me to
tell you all the revolting cruelties which were practiced against
me, and which to think of gives me pain? Am I the less a
robber? Will these things cause you to spare me? No; I ought
to have suffered the stripes, and kissed the hands of my tyrant;
or I ought to have left my wife in her darkest hour, because
nothing would serve my lady but that I should drive her to
Dustbury. How then could I, a good-for-nothing peasant, dare
to love my wife! How could I dare to resist when the justice.
told them to tie me to the whipping-post! But I dared to do it.
I was fool enough to fancy that I, though a peasant, had a right
to remain with my wife; I could not understand that a poor man
is a dog, which anybody may beat and kick. Here I am, and
you may hang me. "
"I'll tell you what, you'll swing fast enough, my fine fellow! "
said Zatonyi, whose cynicism was not proof against the prisoner's
last words. "What, man! hanging's too good for you; that's all
I have to say! "
"You see, sir," said Viola, appealing to Völgyeshy, "you see
there is nothing that can excuse me in the eyes of mankind.
But there's a request I have to address to the court. "
Mr. Catspaw trembled, as the prisoner went on.
"When I left the burning hut in which Ratz Andor shot him-
self, I held some papers in my hands, which were stolen from
the house of the notary of Tissaret. '
"So you confess to the robbery? " cried Zatonyi.
X-344


## p. 5490 (#50) ############################################

5490
JOSEF EÖTVÖS
"No, sir; I do not. God knows I am guiltless of that rob-
bery," cried Viola, raising his hands to heaven; "but that's no
matter. All I say is that I had the papers, and that I took
them away with me; and if you mean to prove by that that I
committed the robbery, you may. I do not care: all I say is,
that I took the papers with me. "
"It's a lie! " murmured Mr. Skinner.
"No; it's not a lie; it's the truth, and nothing but the truth!
When I left the hut I was blind and unarmed: I held the papers
in my hands, and I felt some one snatch them away from me
I can take my oath on it! - and my senses left me; when I re-
covered I was bound, and in the hands of the Pandurs and
peasants. They dragged me to St. Vilmosh. I asked for the
papers, for they belong to Mr. Tengelyi: and it was for their sake
I surrendered, because I did not wish them to be burned; for
they are the notary's important papers. But I understand that
when left the hut there was no one by except the justice and
Mr. Catspaw; and the justice says that I had no papers. I most
humbly beseech the court to order the justice to give those
papers to the rightful owner. "
"May the devil take me by ounces, if I've seen the least rag
of paper! " cried Mr. Skinner.
«< Sir,"
» said Viola, "I am in your power: you may do with
me as you please; you may hang me if you like; but for God's
sake do not deny me the papers. I am under great obligations
to Mr. Tengelyi. He relieved my family in the time of their
distress; and I wish to show my gratitude by restoring those
papers to him.
I have come to suffer a disgraceful death — ”
"You impertinent dog! " cried Mr. Skinner: "how dare you
insinuate? how dare you say? how dare you I am insulted;
I insist on the court giving me satisfaction. ”
"I am in the hands of the court," said the prisoner.
me, kick me, torture me; but give me the papers! "
"I am sure it's a plot," whispered Mr. Catspaw to the as-
sessor. "Tengelyi declares that his diplomas are gone. Who
knows but he may be a patron of this fellow? "
"Nothing is more likely," replied the assessor.
"What, fellow! what, dog! do you mean to say that I stole
the papers? "
"All I say is, that I had the papers in my hands, and that
some person took them away. I wish the court would please to
"Beat


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JOSEF EÖTVÖS
5491
examine the Pandurs, who will tell you that nobody was near
me but the justice and Mr. Catspaw. "
"This is indeed strange," murmured Mr. Kishlaki. Mr. Skin-
ner pushed his chair back, and cried:-
"The court cannot possibly suffer one of its members to be
accused of theft! "
"Yes, too much is too much," said Zatonyi, with a burst of
generous indignation; "if you do not revoke your words, and if
you do not ask their worships' pardon, we will send you to the
yard and have you whipped! "
Viola answered quietly that he was in their worships' power,
but that he would repeat what he had said to the last moment
of his life; and Zatonyi was just about to send the prisoner away
to be whipped, when Völgyeshy reminded him in Latin that the
Sixth Chapter of the Articles made not only prohibition of what
the assessor had been pleased to term "wheedling," but also of
threats and ill-treatment.
Baron Shoskuty remarked that the young lawyer's explanation
of the articles was sheer nonsense; for the prisoner would not be
under restraint if Mr. Völgyeshy's commentaries were accepted
as law. He might call the worshipful magistrates asses; nay, he
might even go to the length of beating them, without suffering
any other punishment than being hanged. This able rejoinder
induced the judges to reconsider Mr. Zatonyi's proposition to
inflict corporal punishment on the prisoner; and nobody can say
what would have come of it but for the firmness of Völgyeshy,
who protested that he would inform the lord-lieutenant and the
government of any act of violence to which they might subject
the culprit. This threat had its effect. Baron Shoskuty, indeed,
was heard to murmur against the impertinence of young men,
while Mr. Zatonyi made some edifying reflections about sneaking
informers; but this was all. No further mention was made of
the whipping.
While the above conversation was being carried on in a tongue
of which he could but catch the sounds and not the meaning,
Viola stood quietly by, although a lively interest in the words
and motions of the speakers was expressed in his face. Messrs.
Catspaw and Skinner conversed in a whisper. At length the
attorney turned round and addressed the court:
"As the prisoner has thought proper to accuse me," said
he, "it is but right that I should be allowed to ask him a few


## p. 5492 (#52) ############################################

5492
JOSEF EÖTVÖS
questions.
You said I was near you when you left the hut, did
Now tell me, did you see me at the time? "
you not?
"No, I did not; I was blind with the smoke and fire in the
hut; but the peasants told me that the two gentlemen were near
me, and I felt somebody snatch the papers from my hand. "
"Do you mean to say that the smoke in the hut was very
dense ? »
"I could not see through it; at times the flames were SO
fierce that they nearly blinded me. "
"But how did you manage to save the papers ? »
"They lay by my side on my bunda. I seized them and
took them out. They were wrapped in a blue handkerchief. "
I
"He speaks the truth," said Mr. Catspaw smiling; "or rather
he tells us what he believes to be the truth. He held something
in his hand, when he rushed from the hut more like a beast than
like a human creature, I assure you, my honorable friends.
was not at all sure whether it was not a weapon of defense; I
snatched it away, and on examination I identified it as a most
harmless handkerchief, which certainly was wrapped round some
soft substance. But," continued he, addressing the prisoner, "if
you fancy you saved the papers, my poor fellow, you are much
mistaken, indeed you are! My dear Mr. Skinner, pray fetch the
parcel which we took from Viola at the time of his capture. "
Mr. Skinner rose and left the room.
"The papers were in the handkerchief, I'll swear! " said Viola;
but his astonishment and rage were unbounded when the judge
returned with the parcel, which on examination was found to
contain a pair of cotton drawers. He knew it was the handker-
chief, the same in which he had wrapped the papers, and yet
they were not there! How could he prove that they had been
stolen ?
"I trust my honorable friends are convinced," said Mr. Cats-
paw,
"that the wretched man has no intention of imposing upon
the court. I believe, indeed, nothing can be more probable than
that he was possessed of Tengelyi's documents; and it is likewise
very probable that he intended to save those papers; but accord-
ing to his own statement, he was half blind with the fire and
smoke, and instead of the papers he took another parcel — some
other booty, perhaps. Nothing can be more natural- »
"Yes, indeed! " interposed Baron Shoskuty.
-you know! Awkward mistakes will happen.
"Nemo omnibus!
Perhaps you will
1


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JOSEF EÖTVÖS
5493
be pleased to remember the fire in the house of the receiver of
revenues in the
county. The poor man was so bewildered
with fear that all he managed to get out of the house was a
pair of old boots. The whole of the government money was
burned. The visiting justices found the money-box empty-
empty, I say! All the bank-notes were burned, and nothing was
left but a small heap of ashes. "
"Gentlemen! —" said Viola at length; but Mr. Catspaw inter-
rupted him.
"I implore my honorable friends not to resent anything this
wretched creature may say! I am sure he speaks from his con-
science; nor is he deserving of chastisement. He is a prey to
what we lawyers term 'Ignorantia invincibilis'! »
"Of course! of course! " said Baron Shoskuty. "It's a legal
remedy, you know. "
"Gentlemen! " said the prisoner, “I am a poor condemned
criminal, but the judge and Mr. Catspaw are mighty men. And
I am doomed to appear this day before God's judgment seat!
What motive should I have for not telling you the truth? May
I be damned now and forever - yes, and may God punish my
children to the tenth generation · - if the papers were not in this
very cloth! "
-
"I told you so! " said Mr. Catspaw, still smiling. "I knew
it. This man is doting — 'borné,' to use a French term. He'd
say the same if we were to put him on the rack! - It's all very
natural," said he to the prisoner. "You've made a mistake,
that's all. Pray be reasonable, and consider, if you had brought
Mr. Tengelyi's papers from the hut, what reason could I or Mr.
Skinner have for refusing to produce them? "
"Of course! " said Baron Shoskuty. "What reason could
these gentlemen have? How is it possible to suppose such a
thing? "
Viola was silent. He stood lost in deep and gloomy thoughts.
At last he raised his head and asked that the attendants might
be sent away, adding, "I am in chains, and there are no less
than six of you. You are safe, I assure you. "
The room was cleared. Viola looked at Mr. Catspaw, and
said:
--
"What I have to tell you will astonish you all, except Mr.
Catspaw. I never wished to mention it, and I would not now
allow the servants to hear it; for my wife and children live at


## p. 5494 (#54) ############################################

5494
JOSEF EÖTVÖS
Tissaret, and the Retys may perhaps be induced to pity the
poor orphans. But if it is asked what reason the attorney can
have for not producing the notary's papers, I will simply say
that Mr. Catspaw is most likely to know his own mind and his
own reasons- and good reasons they must be- to induce him
to bribe somebody to steal the papers; for to tell you the truth,
it was he who planned the robbery. "
The attorney trembled.