f. qui iste, etc.

Qui is adjectival—“of what nature?” Iste refers to the words which Cicero has just used—qui minimo periculo possem dicere.

g. pro capite et fortunis

For caput see §110, and for the use of the plural in fortunis see §75. The combination of the two words has become so much of a regular phrase, that it is used here where there is no question of the retention of Roscius’ property.

h. quem ad modum consueverunt

This is said in Cicero’s own person; otherwise it would be consueverint.

huiusce

“of my client.” Cp. §55 huiusce pecunia and hisce in §§51, 59.

sunt sexagies

Supply centenorum millium sestertiorum. Sixty times a hundred thousand = six millions. A practical rule for expressing sesterces in English is to cut off a nought from decies, or any multiple of decies, and add millions. Taking the sesterce at 2½d, six million sesterces is equivalent to £53,650. Plutarch (Cic. 3) puts the value of the property down at 250 talents, which amounts to £52,500, if the talent be taken at £210.

quem honoris causa nomino

A constantly recurring formula of respect. Cp. §§15, 27; Pro Q. Rosc. Com. §18—nonne, quotienscunque in causa in nomen huius incidisti, totiens hunc et virum bonum esse dixisti et honoris causa appellasti? The opposite idea is conveyed by the phrase contumeliae causa nominare (Phil. II, §113—ista tua minime avara coniux, quam ego sine contumelia describo). The natural politeness of the Romans rendered them shy of making free with people’s names. For an indication of this feeling, see §47.

nummum

= nummorum, i.e. sestertiorum. 2000 sesterces = £1 12s. 2d. Plutarch (Cic. 3) inaccurately substitutes drachmae for sesterces. 2000 drachmae would be about five times as much as 2000 sesterces; but either sum would be merely nominal for a property of the value just stated.

vel potentissimus

“perhaps the most powerful.” Cp. §5 vel indignissimum, §21 vel nobilissima, §69 vel maxime, §124 vel maximam partem.

L. Cornelius Chrysogonus

A freedman and favourite of Sulla, whose gentile name he took on manumission. Appian (De Bell. Civ. I.100) informs us that Sulla manumitted more than 10,000 slaves of proscribed persons and enrolled them among the plebs, selecting the youngest and strongest to have a serviceable body of men ready to do his bidding. All these took the name Cornelius. Pliny the Elder (N.H. xxxv.200, ed. Detlefsen) mentions Chrysogonus in a list of quondam slaves who had been glutted with the blood of citizens.

pecuniam

“property.” Cp. §§23, 86, 110; Verr. II.11 §61. The Scholiast says id est, in alienum patrimonium. Pecuniam dicit universitatem rei familiaris. The word in this sense may be used in the plural, as in Pro Mil. §76. The derivation of it (from pecus) carries us back to an age when wealth consisted in cattle.

invaserit

The subjunctive here is due to oblique narration. By the use of it Cicero fastens an imputation of effrontery upon Chrysogonus. Quoniam in itself takes the indicative. Invadere was technically used of the seizure of landed property as opposed to moveables or cattle. Justinian, Inst. IV. Tit. II, §1—in invasionibus quae circa res soli fiunt.

suspitionem

The long “i” is probably due to contraction from suspicitio. Cp. stipendium = stipipendium.

sese

Subject of posse. For the sake of emphasis it is introduced before arbitratur, on which it depends.

hoc … huius

The repetition of huius after hoc is like the perpetual “my client” and “my client’s” in the mouth of a modern barrister. It is not usual to have an ablative absolute referring to a noun otherwise mentioned in the sentence. Yet Caesar (Bell. Gall. II.22) has—cum diversis legionibus aliae alia in parte hostibus resisterent, where the nominative diversae legiones might have been used. Here we should doubtless have had huius incolumis, were it not for the balance of the other ablative absolute damnato et eiecto in the succeeding clause.

obtinere

Cp. §139. Obtinere in Latin means “to keep” as well as “to get.” Our word “obtain,” so far as it is transitive, has perpetuated only the latter meaning. In the case of occupare and “occupy” the converse change has come about. The Latin word means “to take possession of,” the English rather “to be in possession of.”

eiecto

“expelled,” i.e. from the state, on the assumption that he would not await his sentence. See Cat. III §3—Nam tum cum ex urbe Catilinam eiciebam — non enim iam vereor huius verbi invidiam; and cp. Verr. II.I §98 ad fin.—condemnato et eiecto.

se posse

Here we have the present infinitive after sperat, in apparent violation of the rule that verbs of hoping take the future infinitive. Cp. Pro Mil. §32—speraret posse se eludere, and Verg. Aen. IV.305—Dissimulare etiam sperasti, perfide, tantum posse nefas? If the use were confined to posse, we might explain it by the fact that that verb has no future infinitive. But see §18—spero ex hoc ipso non esse obscurum; and cp. Ad H. II §28—sperabat illius morte se salutem sibi comparare. In all these cases we may translate sperare by “expect,” and regard it as a verb of thinking.

adeptus est

The indicative, because put as a statement of fact, not as part of what Chrysogonus thought.

scrupulum

The metaphor is from taking a pebble out of one’s shoe. “A thorn in one’s side” is the nearest English equivalent. Cp. Ter. Andr. 940—At mi unus scrupulus etiam restat, qui me male habet.

se

Referring to the subject of the main verb postulat, under the influence of the sibi preceding. We might have expected either eum with the indicative, or se with the subjunctive, according as the statement is made by the writer or thrown into the mind of the person of whom he is speaking.

dies noctesque

See 81a.

ut … ut

The first ut denotes the thing requested, the second the object of the request, “to the end that.” It would be possible to take the second ut in the same sense as the first, as depending immediately upon postulat — “he asks you to profess.” In that case we would have a rhetorical asyndeton.

peto ut . . . ne

Notice how peto is followed both by an affirmative and a negative clause. The combination of ut and ne recurs in almost the same context in §150 ad init.

fortunisque

The plural is common in the sense of our word ‘fortune’ = wealth. Compare §§ 5, 13, 57 ad fin., 113 ad init., 144.

nostris

The sympathy of the advocate leads him to couple and sometimes to identify himself with his client, so that we have the first person plural, as here and in §150, or the first person singular, as in §§ 32, 94, 145.

sanguinem et vitam

‘Our life-blood.’ There is no particular force in the order of the words, as though vitam were stronger than sanguinem. In *Pro Quinctio* §76 they occur in reverse order—fateatur se non pecuniam, sed vitam et sanguinem petere, while in §39 of the same speech it is sanguinem vitamque.

et . . . propulsetis

It is unusual to have the third clause coupled by et, where no et has preceded. Here the first two clauses represent two different sides of the same fact.

quod in omnis intenditur

In the exordium of a speech, one of the main aims of the orator is to rivet the attention of his hearers. There is no more effective way of doing this than by showing that their own interests are involved in the case. See *De Inventione* I §23: attentos autem faciemus, si demonstrabimus ea, quae dicturi erimus, magna, nova, incredibilia esse et aut ad omnis aut ad eos, qui audient, aut ad aliquos illustris homines aut ad deos immortalis aut ad summam reipublicae pertinere.

causa criminis

“Reason for the charge.”

quam ob rem videantur . . . secuti

“To make them seem to have had after all some object in view in preferring the charge.” For this use of tamen, cp. §104 “paulo tamen occultior”; *Verr.* Div. §48 “ut tu tamen aliquid esse videare”; *Verg. Aen.* IV.329 “qui te tamen ore referret.” For res . . . quam ob rem, see §28e.

illi . . . illorum

Ille is used of the opponent when the orator is speaking of him rather than to him. Here the words are addressed directly to the judges, as shown by the use of the 2nd person plural: inveneritis.

in deferendo nomine

The form of process in a criminal trial was as follows: first the postulatio (application for leave to prefer the accusation); after an interval came the nominis delatio, then the nominis receptio, followed by the quaestio or trial itself (generally about ten days later). Cp. §28b. See also Caelius in Cicero, *Ep. Fam.* VIII.6.1.

secuti

For the use of sequi in the sense of “to keep in view,” cp. §34d.

quicquam

The sentence is virtually negative, implying that no such cause can be discovered. Hence the use of quicquam. Cp. *Verg. Aen.* I.48 “et quisquam Iunonis numen adorat praeterea?”

recusamus quin

“Demur to.”

sin aliud

“But if the only point at issue is the satisfaction of men who can never be satisfied.” On ut ne, see §5d.

hoc . . . pugnatur

Cp. §120—“quod a vobis hoc pugnari video.” This is the passive of the active construction pugnare aliquid. Cf. *Phil.* X.22 “qui id pugnant, id agunt.”

opimam praeclaramque praedam

Cicero’s stylistic richness appears in the various phrases he uses to describe the property: first, pecuniam tam amplam atque praeclaram; then patrimonium tam amplum et copiosum; now opimam praeclaramque praedam.

velut cumulus

“As though to crown them all.” Cf. the French comble. Cumulus is what is added in addition after the measure is already full. The word auctarium has a similar meaning, though more general (Festus, Müller, p.14). For a similar use of cumulus

cp. *Ad Att.* IV.19 ad fin.—“ad summam laetitiam meam, quam ex tuo reditu capio, magnus illius adventu cumulus accedet.”

vel hoc indignissimum

Disarrangement of order for emphasis. The vel really belongs to indignissimum. Cp. §6 ad fin.

iusque iurandum

For references to the oath taken by the judges, see §§101, 140, 152 and *Verr.* I §40—“iuratorum hominum sententiae,” on which Asconius comments: “iudicum scilicet, qui in leges antequam iudicarent iurare consueverant.” See also *De Inv.* I §70, II §131; but there Cicero is no doubt following his Greek original.

ex civitate in senatum

Sulla had recently filled up the senate by the addition of 300 persons of equestrian rank elected by the assembly of the tribes (*Appian, *De Bell. Civ.* I.100); the rest of the members entered the senate after having held high office in the state—so that in either case there was a proof of merit (“propter dignitatem”).

ex senatu in hoc consilium

Only senators could act as judges according to the law which had just been enacted by Sulla. The office had been transferred from them to the knights by C. Gracchus in 122 BC. Ten years after the date of this speech (70 BC) it was divided by Cotta between the two orders with the addition of the tribuni aerarii. Thus we may distinguish four periods with regard to the constitution of the judicial body: (1) down to 122 BC—Senators only; (2) 122–81 BC (Lex Sempronia)—Equites only; (3) 81–70 BC (Lex Cornelia)—Senators; (4) after 70 BC (Lex Aurelia)—Senators, Equites, Tribuni Aerarii.

ab his

“From such as you.” Strict grammar would require the 2nd person here.

postulare

A repetition under another form of the infinitive vos idoneos habitos, and, like it, depending on indignissimum est.

homines sicarios

Cp. §120 “homines paene operarios.” This superfluous use of homo is frequent in comedy. E.g. *Ter. Phorm.* 292—“Servom hominem causam orare leges non sinunt.” Also: “homines adulescentulos,” *Andr.* 910, etc.

sicarios

This word properly means one who stabs with a dagger, but it came to be used for any assassin. *Quint.* X.1 §12—“Nam per abusionem sicarios etiam omnes vocamus, qui caedem telo quocumque commiserint.”

gladiatores

Gladiator (“swordsman”) in the mouth of a Roman had the same contemptuous ring as our word “prize-fighter,” but with far darker suggestions.

His de rebus, etc.

The sentence is elaborately constructed so as to make one part answer to another. ‘Of such atrocious villainy I cannot speak in fitting terms—of that I am well aware; the impressiveness that its pathos calls for is beyond me, and the frankness that is needed to denounce it: for the fitting terms fail me for want of wit, impressiveness for want of years, and frankness owing to the circumstances of the times.’

commoditati

Cp. Ad H. I, § 1—‘non enim in se parum fructus habet copia dicendi et commoditas orationis.’

timor

‘nervousness.’ Cicero assures us that even when a practised orator he still suffered from nervousness in speaking, especially at starting. See Verr. Div. § 41; Pro Clu. § 51; Pro Reg. Dei. § 1. He records of himself in the De Oratore (I, § 121) that on one occasion, when a young man, he was so overcome on rising to open a case that Q. Maximus out of kindness brought the sitting to a close.

natura pudorque

‘natural modesty.’ A hendiadys for ‘innatus pudor.’ Cp. ‘sententias iusque iurandum’ above in § 8 = ‘sworn verdicts,’ and see § 30^.

Fide

‘conscientiousness.’ The two qualities required in a judge are the will to give a just verdict and the enlightenment to perceive where justice lies. The first of these requisites is expressed by ‘fides,’ the second by ‘sapientia.’

adlevabitis, feram

The two events are regarded as taking place contemporaneously in the future. The way in which the judges were to help Cicero was by giving him an indulgent hearing. Cp. § 107 ‘cernetis, poteritisne.’

industria

‘energy.’

et

Here in English we should rather have ‘but.’ So with ‘ac’ in Caesar (Bell. Gall. IV. 35), ‘nostrorum militum impetum hostes ferre non potuerant ac terga verterunt.’

perferam

‘will bear to the end.’

cum fide

‘as a matter of honour.’

magno opere

The student should notice that this phrase serves as the positive to ‘magis’ and ‘maxime.’ ‘Summopere’ occurs in De Inv. I, § 26.

M. Fanni

Nothing is known of M. Fannius beyond what can be gathered from this speech. He was now praetor, but he had presided before as judex in the ‘quaestio inter sicarios’ before the long interval during which trials had been suspended.

quaestioni

‘court.’

iudex

i.e. as ‘iudex quaestionis.’ Cp. Verr. ii. I, § 158; Pro Clu. § 89. A ‘iudex quaestionis’ was a special commissioner appointed when the praetors were insufficient for the various ‘quaestiones.’ The designation occurs in the Digest XLVIII. 8, § 1—‘quive magistratus iudexve quaestionis ob capitalem causam pecuniam acceperit.’

talem

Observe how much force is added by keeping the ‘antecedent’ clause to the close.

acria ac severa . . . fiant

‘should be conducted with strictness and impartiality.’ Cp. § 8 ‘severitatem.’

longo intervallo

See Introd. § 24.

inter sicarios

‘this is the first trial that is being held for murder.’ Cp. § 90 ‘qui inter sicarios et de veneficiis accusabant.’

hoc primum

See Introd. § 21.

committitur

On the analogy of the phrase ‘pugnam committere.’

vociferatione

‘that energy of denunciation.’ Cp. § 9 ‘vociferari.’

qui causam dicimus

‘who are the defendants.’ Cp. the repeated antithesis in § 13 between ‘accusant’ and ‘causam dicit.’ Since Cicero’s case was that the murder was committed by the opposite side, while nominally defending his client, he was virtually attacking the accusers.

quam acerrime

‘with all possible strictness.’ In full—‘ut tam acriter quam quum acerrime vindicantur, maleficia vindicetis.’

prorumpere

‘the passions of men are bursting forth.’

ut non modo clam, etc.

A splendid instance of ‘climax,’ in the loose sense of the term (see § 75 c). Cp. Livy XXIII. 10, § 7—‘Foro medio, luce clara, videntibus vobis,’ perhaps imitated by Macaulay (Death of Virginia)—‘Here in this very forum, under the noontide sun, In sight of all the people, the bloody deed was done.’

invaserunt

See §6a.

quibus . . . bono fuit

See §84g.

poscit

“Demands for trial.”

relictus . . . restat

Notice the pleonasm. Cf. §153a.

illorum

Subjective genitive — “sole survivor of the massacre committed by them.” On ille see §8a.

ea, quae facta sunt

“That the facts themselves are more shocking than my account of them.”

ab initio res

The transition to the narratio, as in *Pro Quinctio* §11 and *Pro Milone* §23.

et rei publicae calamitatem

Reserved to the end of the sentence for emphasis — as is the treatment of the subject in the speech itself.

Sex. Roscius

The narratio begins, as in *Pro Cluentio* §11.

Amerinus

From Ameria, a town in Umbria between the Tiber and Nar. Admitted to Roman citizenship ~10 years earlier.

cum genere

Cum anticipates tum: “both… and…”

nobilitate

Not necessarily technical nobilitas (i.e. curule ancestry).

Metellis

See §77. The Metelli were a prominent plebeian family from the gens Caecilia.

Serviliis

The Servilia gens, prominent from early Rome through the Republic.

Scipionibus

Patrician family of the gens Cornelia — e.g., Scipio Asiaticus, consul in 83 BC.

hospitium

The ancient and solemn bond of guest-friendship — cf. Aulus Gellius XIV.13; Cornificius, *Ad H.* III.4.

familias

Used as in “noble houses” — i.e., aristocratic lineages.

honestatis . . . amplitudinis

Cp. §6 — but here the phrase states the *reason*, not the *motive*, for naming.

hoc solum

Explained below by fama et vita, etc.

domestici praedones

“Household brigands” — i.e. criminals from his own domestic circle. Cf. §17.

possident

“Are in possession of.”

nobilitatis

*the nobility,’ i. e, the nobles as a class. Abstract for concrete, as often in the case of this word.

fuisset

Had we ‘ fuit’ here, it would be the usual ‘ both and ‘ or *not only . . . . but also.’ The subjunctive represents the former fidelity of Roscius to the nobles as a reason why he should specially exert himself on their behalf at a time when their dignity and their very existence were brought into jeopardy. Cp. Verr. I, § n—*eum, cui et legatus et pro quaestore fuisset.’

hoc tumultu proximo

*the late disturbances,’ i. e. the civil war. The word *tumultus* was specially used of a rising in Italy or Gaul (Phil. VIII, § 3 ; Cat. III, § 4 ; Liv. XXI. 28, § 4), and is absurdly derived by Cicero from ‘timor multus,’ in which he is followed by Servius (on Verg. Aen. VIII. i).

opera, studio, auctoritate

‘exertions, zeal, and influence.’

propter quos

See § 63 t.

numerabatur

This is put as a fact, not merely as the idea of Roscius. Hence the indicative.

ab armisque recessimus

Cp. § 126 ‘ab armis recessum est.’

frequens

Many Latin adjectives have to be rendered by an adverb in English. For a striking instance take Hor. Carm. III. 20.8—^grande certamen, tibi praeda cedat major an illi.

ut exsultare

The *ut* of consequence, not of purpose.

veteres inimicitiae

‘a long-standing feud,’ arising, it would seem, out of a family quarrel about property. See § 8.7 ad fin. The plural is usual in this word. Cp. §§ 55, 145; De Inv. II, § 20.

alterum alterum

The first ‘alterum’ refers to Titus Roscius Magnus, the second to Titus Roscius Capito. For the fact of the latter being in possession of the farms see §§ 21, 99.

viveret

‘he would now be alive.’

iniuria

‘without good reason.’ Cp. § 116.

plurimarum palmarum

‘who has won many a laurel.’ Landgraf calls attention to the fact that the descriptive genitive in Latin takes the place of a compound adjective in Greek—*plurimarum palmarum = πολυνίκης*. The words refer to Capito. For sarcastic use of *palma*, cp. §§ 84, 100.

vetus

Implying that he was an old hand at murder. The diminutive is used in a slightly jocular sense in Pro Q. § 29.

nobilis

‘well-known,’ ‘famous.’ A term specially used of gladiators and performers. Cp. Pro Q. § 69.

hic autem

Used instead of usual *iste*, because Magnus is present in court, Capito absent. Cp. Verr. I. § 9.

ad eum lanistam

Cp. § 102 ‘magistrum suum,’ and § 118 ‘ille lanista.’

quique esset

‘and though he might have been a tiro before this conflict.’

quod sciam

‘for aught I know.’ Subjunctive as in § 95.

ipsum magistrum

Landgraf refers to Fam. IX. 7.2 and Greek line *πολλοὶ μαθηταὶ κρείσονες διδασκάλων*.

adsiduus

See § 67 ^.

Palacinas

Cp. § 132. The *balneae Palacinae* are placed near the Circus Flaminius.

spero esse

‘I expect there is no doubt.’ See § 6 n.

quod adhuc est suspitiosum

‘which is so far enough to raise suspicion.’ Cp. §§ 64, 120. Contrast with *perspicuus* in Ad H. II.11.

culpae

Either genitive or dative after *adfinis*. See examples in De Inv. II and Verr. II.11.94.

iudicatote

Permissive imperative: ‘You may set down my client as connected with the crime.’ Cp. §§ 57, 109.

tenuis

‘poor.’ Cp. § 88 and ‘tenuitas’ in § 86. Opposite of *pecuniosus*, *paxus*, ‘substantial.’

libertinus

Social status of a freedman (*libertus* = relation to master).

et nuntiat

Rhetorical repetition with *et*. Not uncommon.

post horam primam noctis

‘an hour after nightfall’ = ‘hora prima post noctem.’ Grammatically dislocated. Cp. *ante diem tertium Idus Martias*

primo diluculo

‘at the first streak of day.’ Cp. Macrobius, Sat. I.3.

nocturnis

Summer nights shorter than days; thus rhetorical emphasis in *nocturnis*. Cp. § 128.

sex et quinquaginta

56 Roman miles ≈ 51½ English. Not as far as Oxford–London.

cisiis pervolavit

‘he posted.’ *Cisium* = light Gallic two-wheeled vehicle. Cp. Phil. II.77.

nuntium

*nuntius* = both message and messenger.

cruorem

*Sanguis* = in veins; *cruor* = shed blood, ‘gore.’

quadriduo, quo

‘within four days from the time when.’ Cp. § 105. Idiom common; see Verr. II.1.20; Caes. BG IV.18; Ter. And. 104.

ad Chrysogonum

Latin uses motion with each term. ‘Reported to Chrysogonus in the camp of L. Sulla at Volaterrae.’ Cp. § 74 c.

Volaterras

In Etruria. Stronghold of Marian resistance. See Strabo V.2.

fundos

*Fundus* = rural land with house; *ager* = land without. Digest L.16.211.

decem et tris

See numeral order. Reversed in § 99. Caesar has *decem novem*.

Tiberim tangunt

Location enhances value via river access to Rome. Cp. Pliny, Epist. V.6.12.

tam splendidus

Standard epithet of equestrian order. Cp. § 140; Pro Plancio §12; Pro Mil. §74.

Ne diutius teneam

‘not to be tedious.’ Omission of *vos* as in Verr. II.1.34.

societas coitur

Business metaphor: ‘a joint-stock company is formed.’ Also hints at conspiracy. Cp. § 87 ad in.

refertur in tabulas

‘set down on the proscription list.’ This entailed as a consequence the confiscation of all his goods.

manceps

The legal term for the purchaser of anything at a public auction, or for one who takes a contract from the state. Festus (Müller, p. 151)—’Manceps dicitur, qui quid a populo emit conductivē.’ The word occurs in the sense of *contractor* in Verr. Div. § 33 ad in.

vel nobilissima

See § 6 ^.

propria

‘as his own.’ The farms which Magnus (‘iste’) occupied were taken in the name of Chrysogonus.

quae hodie possidet

This clause states an additional fact, and is therefore coordinate with the preceding. Were it turned into the oblique narration, the verb would be put in the infinitive. Translate—’And these farms he is in possession of at this moment.’

nomine Chrysogoni

Cp. § 23 ‘procurator Chrysogoni.’

Haec bona

Cp. § 6, from whence these words are thought to be interpolated.

neque enim mirum

Cp. the whole passage which follows with the still grosser flattery of § 131.

et ea quae praeterita sunt … praeparet

Unless something has dropped out, we have here a very bold zeugma. Translate by some neutral word such as *attend to*.

si aliquid non animadvertat

‘if something should escape his notice.’ The words depend upon *neque enim mirum* (supply *est*). The emphatic nature of the pronoun accounts for the shorter form *quid* not being employed, as usual, after *si*. Cp. Pro Mil. § 66—’ cavebat … Pompeius … omnia, ne vos aliquid timeretis.’ So in De Sen. § 44—’ sed si aliquid dandum est voluptati, quoniam eius blanditiis non facile obsistimus.’

cum praesertim

‘especially as.’ Cp. §§ 51, 66. Cicero inclines rather to this order of the words: but the form *praesertim cum* occurs also in the same sense, e.g. Phil. II, § 64. In the same way *qui* sometimes precedes and sometimes follows *praesertim*.

occupationem eius observent

‘are watching to find him employed,’ i.e. too much engrossed in state business to attend to their doings.

tempusque aucupentur

Literally ‘are fowling for an opportunity’; the equivalent metaphor in English is ‘fishing for.’

despexerit

‘let his glance drop,’ i.e. taken his eyes off them. This appears to be the only passage in which the word is used in this sense: but it is quite intelligible as opposed to *circumspicere*, which denotes vigilance. The usual phrase is *oculos deicere*.

felix

After the defeat and death of the younger Marius, Sulla assumed the surname of Felix (Vell. Pat. II. 27, § 5). Similarly his son was called Faustus and his daughter Fausta (Plut. Sull. 34).

familia

Here equal to *household*, including all servants and retainers. Contrast its use in § 15.

iste T. Roscius

Magnus, who was present in court.

vir optimus

Used in the same sarcastic way in § 104 ad in.

procurator Chrysogoni

Cp. § 21 ‘nomine Chrysogoni.’ A *procurator* was an agent or attorney, who was empowered to act for another. Digest III. 3, § 1—’Procurator est qui aliena negotia mandatu domini administrat.’

funeri

It is possible that *funus* here may have its poetical sense of *corpse*.

iusta

Servius (on Aen. V. 64) tells us that among the ancient Romans the corpse was kept for seven days, burnt on the 8th, and buried on the 9th. He quotes Horace, Epod. XVII. 48—’Novemdiales dissipare pulveres,’ which means ashes that have just been buried.

solvisset

The usual phrase is *iusta facere.* The force of the subj. is ‘though he had not yet paid.’

eicit

Cp. § 71 *obicere, deicere*; § 72 *eiciuntur*; § 81 *obicient*; § 153 *reicitis.* ‘I-consonans is omitted before i by the compounds of “iacio,” “ab-icio,” “con-icio,” “pro-icio,” “re-icio,” etc.; though the long quantity of the first syllable is kept; i being = ji.’ (P. S. L. G. § 12, viii. 1, 4.)

atque focis

*Atque* couples the two verbs *eicit* and *exturbat.*

praecipitem

Cp. Pro Q. § 83—’at hic quidem, iam de fundo expulsus, iam a suis dis penatibus praeceps eiectus.’

pecuniae

See § 6^.

dominus

‘owner’; used equally in relation to land, money, and slaves.

qui fuisset

‘as he had been.’ The subj. gives a reason for the extravagance of his subsequent behaviour.

egentissimus

Landgraf registers the observation that *pauper* occurs only three times in the whole of Cicero’s speeches, and *paupertas* only once. They are not strong enough for his rhetorical diction. A *pauper* among the Romans might be independent and respectable. Cp. Hor. Epist. II. 2, 12—’meo sum pauper in aere.’ A passage in the Paradoxa (VI, § 45) shows *paupertas* to be a weak word—’itaque istam paupertatem vel potius egestatem ac mendicitatem tuam nunquam obscure tulisti.’

ut fit

These words show us that the experience of the Romans was in keeping with our own—’Set a beggar on horseback, and he’ll ride to the devil.’ The character of the ‘nouveau riche’ was ridiculed on the Roman stage. See what Cicero says of Antony (Phil. II, § 65)—’exsultabat gaudio persona de mimo, modo egens, repente dives.’

constituta

‘he held an auction and sold.’

ne iter quidem

This is not a mere rhetorical flourish, but refers to a legal technicality. When land changed hands, the former owner would generally reserve a right of access to his family sepulchre. The *fundus* was then said *servire*, and this limitation of ownership was known as *servitus*. Digest XLVII. 12, § 5—’Utimur eo iure, ut dominis fundorum, in quibus sepulchra fecerint, etiam post venditos fundos adeundorum sepulchrorum sit ius.’

sepulcrum patrium

‘his family burying-place.’

reliquisset

Subjunctive, because it is one of the things which are said to have presented themselves to the minds of the ‘Amerini.’

possessio

‘occupation.’ Cp. § 15 ‘possident.’

furta, rapinae

The first of these words refers back to *plura clam de medio removebat*, the second to *multa palam domum suam auferebat.*

ardere illa omnia mallet

The *illa* was added to the text by later editors, because the words are thus quoted by the grammarian Julius Rufinianus.

in bonis iactantem se ac dominantem

‘swaggering and lording it.’ Cp. Pro Q. § 98—’cum illum in suis paternis bonis dominari videret.’ The sentiment is the same as in De Off. I, § 139—’odiosum est enim, cum a praetereuntibus dicitur: O domus antiqua, heu quam dispari dominare domino!’ Cp. Phil. II, § 104—’o tecta ipsa misera, “quam dispari domino!”‘

decurionum

‘of the town-council.’ Cp. Pro Sest. § 10 ‘Capuae decuriones’; Caes. Bell. Civ. I. 1 ad in. ‘Auximi decuriones’; Pro Clu. § 41 ‘decuriones universi.’ The *decuriones* were the members of the senate in the *municipia* and the colonies. According to the Digest (L. 16, § 239, 5) they were so called because when the colonies were originally led out, a tenth part used to be chosen as a deliberative body.

decem primi

‘the ten leading men.’ This was a smaller body chosen out of the *decuriones* for the transaction of business. The number varied. Thus we read of *quinque primi* (Verr. II. III, § 68), *sex primorum* (De N. D. III, § 74), *decem primos* (Verr. II. II, § 162), *Massiliensium quindecim primos* (Caes. Bell. Civ. I. 35, ad in.).

qui vir

‘what sort of man,’ i.e. how loyal to the cause of the nobility.

conservatas velit

Sulla’s will was law. See § 125 a. For the constr. of *volo* with a perf. part. pass. cp. § 2, Verr. I, § 18, ‘dominatum volo.’ It is used similarly with an adj. without *esse*, e.g. De Inv. II, § 107 ‘salvum velint.’

iam ante

See § 21 ad fin.

et ipse … adlegat

‘not only comes to them himself, but deputes men of rank.’ So Verr. II. I, § 149 ‘petit a me Habonius et amicos adlegat.’ We have the corresponding abstract term *adlegatio* in Verr. II. I, §§ 44, 136.

vellent esse facturum pollicerentur

Notice how the verbs are piled together at the end of the sentence. So in § 26 ‘erant, appromitteret, crediderunt’; § 116 ad fin. ‘putarunt haberi oportere’; § 117 ‘posse fieri videtur.’ In De Inv. I, § 82, Cicero achieves the reservation of four verbs to the end, ‘adferetur, haberi conveniat, ostendetur.’

Homines antiqui

‘men of the old school.’ Cp. § 27 ‘antiqui officii.’ Between ‘antiquus’ and ‘vetus’ there is the same contrast observable as between νακαῖος and ἀρχαῖος in Greek, the former of each pair tending to be used in a good, and the latter in a bad, sense. But none of these words is rigorously restricted to either meaning.

T. Roscius Capito

The position of T. Roscius Capito is difficult to understand, owing to the whole of the facts not being before us. We may infer that he was not at this time in possession of the three farms, as mentioned in § 21.

appromitteret

‘added his promise’—ἐπάγγελμα: but ‘appromissor’ occurs in legal Latin in the sense of one who gives security.

re inorata

‘without pleading their cause.’ Cp. the phrase ‘re infecta.’ ‘Orator’ in old Latin meant the same as the later word ‘legatus’ (Festus, Müller, p. 199).

primo … deludere

‘first the opponents began to put off the matter every day and talk about “to-morrow” (“cras”); then to act in a much more leisurely way and downright delude them.’

id quod facile intellectum est

‘as was readily inferred.’ Cicero does not say that this charge against the opponents was proved.

de amicorum cognatorumque sententia

Cp. Verr. II. II, § 91 ‘de amicorum hospitumque suorum sententia.’ Before taking important steps in private life, it was usual for a Roman to hold a council of friends and relations. Valerius Maximus (II. 9, § 2) records how the censors removed L. Antonius from the senate for having divorced his wife without consulting his friends as to the measure (‘nullo amicorum in consilium adhibito’).

Caeciliam

One of the powerful family of the Metelli. See § 15 f.

Nepotis filiam

In § 147 she is explained to be ‘Baliarici filia, Nepotis soror.’ See note.

honoris causa

See § 6 r.

qua pater usus erat plurimum

‘with whom his father had been very intimate.’ So Verr. II. I, § 139—’eo sum usus plurimum’; De Am. § 2—’P. Sulpicio utebare multum.’

quasi exempli causa

‘as though to show us what it was.’

antiqui officii

Cp. Pro Q. § 59—’antiquam officii rationem dilexit, cuius splendor omnis his moribus obsolevit,’ and again § 72—’hominem antiqui officii.’

hospiti

See § 15 f.

ut hic potius, etc.

A double antithesis, which it is not easy to keep up in English—’that he lived to be accused, instead of being murdered and proscribed,’ i.e. entered on the list to hide the murder, as Catiline entered his brother’s name.

ut nomen, etc.

The three clauses commencing with ‘ut’ are epexegetical of ‘consilium.’ The genitive of the gerund might have been employed instead of them. Even a simple infinitive is sometimes used, e.g. Pro Q. § 53 ad fin.—’eadem te hora consilium cepisse, hominis propinqui fortunas funditus evertere.’

nomen … deferrent

‘Nomen deferre’ is the regular term for lodging an accusation against someone. The accuser laid the name before the praetor, under whose jurisdiction it came to take cognisance of the charge, and the praetor, if he thought fit, entered it on the list of accused. The praetor was said ‘nomen accipere’ (De Inv. II, § 58 ad fin.) or ‘recipere’ (Verr. II, II, § 94 ad fin.). In public trials, when rival accusers came forward, their claims had to be argued in court (Ad H. I, § 22 ad fin.; Verr. Div. § 10). This process was called ‘divinatio.’ From ‘nomen deferre’ is derived the name ‘delator,’ which became of such sinister import under the Empire, and the abstract term ‘delatio.’

veterem

Cp. § 17 and § 39 ‘vetus sicarius’; also the Terentian use of ‘veterator’ (Andr. 457, Haut. 889) for ‘an old hand,’ ‘a crafty fellow.’

de ea re

‘on a matter,’ which is further defined by ‘in qua re.’

in qua re

The repetition of the antecedent imparts a somewhat formal and precise air to a statement. Caesar is particularly addicted to the practice, e.g. Bell. Gall. I. 6—’diem dicunt, qua die,’ etc. So in many passages in Cicero, e.g. Verr. II. II, § 37—’dies advenit, quo die,’ etc.; De Inv. I, § 29 ad fin.—’ad eam rem, qua de re narrabitur’; ibid. II, § 82—’postulabit ut legem, qua lege fecerit, proferat.’

nulla subesset suspicio

‘there was no hint of a suspicion.’

tempore ipso

‘on the circumstances of the times,’ explained by what follows—’ita loqui homines,’ etc.

Ita loqui homines

In the oblique narration, because it is what the opponents (‘isti’) are represented as thinking.

patronos

We may say ‘counsel.’ See § 5 d.

de bonorum venditione

Cp. § 58.

societate

See § 20 i.

atrocitate

‘blackness.’ ‘Atrox’ is said to come from ‘ater,’ as ‘ferox’ from ‘ferus.’

fore ut tolleretur

= fut. infin. pass., ‘sublatum iri.’

ab nullo

‘Nullo’ and ‘nullius’ are used in place of the abl. and gen. respectively of ‘nemo.’

atque adeo

These particles are used in correcting one expression by another, generally by a stronger one. So § 100 ‘si prodierit, atque adeo’ (or rather I should say) ‘cum prodierit’; § 113 ‘inter honestos homines atque adeo inter vivos.’ In § 110 ad fin. we have ‘ac potius’ in the same sense. Cornificius (Ad H. IV, § 36) enumerates ‘correctio’ among the devices of rhetoric. One of his examples is this—’o virtutis comes invidia, quae bonos sequeris plerumque atque adeo insectaris!’

iugulandum

‘to cut his throat,’ or perhaps rather ‘to throttle him.’ Cp. the words used by Sallust (Cat. 55)—’vindices rerum capitalium … laqueo gulam fregere.’

querar

Deliberative subjunctive, like the verbs that follow.

quod

Notice that this is the adjectival form of the interrogative; with the substantial form we should have ‘quid auxilii.’

Deorumne, etc.

This is not a disjunctive interrogation, but a number of independent questions massed together for rhetorical effect—’Am I to implore at this moment the protection of the gods? Am I to implore that of the Roman people?’ etc.