by res, as Liv. 7, 32, 1. Cf. a similar use in Pro dom. 144 vos qui me maxime repetistis et revocastis. de consili sententia: n. on II, 1. 29. 16 17 20 habere: " 'can point to". exceptum videretur: so 33, 1. 7 and 1. 19. nihil...additum esse: cf. 35, 1. 17 nihil aliud...adiunctum est. minueretur: Cic. has now left the indirect mode of statement and returned to the direct, otherwise quam minui or fore ut minuatur would be used. adiutoribus illorum civibus: cf. 25, 1. 23. § 39. 23 Х 24 25 26 27 29 30 id quod defendo: "the very thesis I am maintaining". legatione: for the purpose of presenting a testimonium publicum in favour of the accused, such as was presented by the citizens of Heraclia in favour of Archias; see Arch. 8, p. 24, 1. 6. a principio: "away from the source of their national existence and of their government"; for this use of a cf. Arch. 32, 1. 30 n. studio sensuque Poenorum: "zeal and fellow-feeling for the Carthaginians"; a good ex. of the so-called objective genitive. Elsewhere in Cic., nearly if not quite always, where persons are spoken of, not the objective gen. but in or erga with accus. follows sensus, studium, voluntas. Amor, however, takes an objective genitive. Nägelsbach well compares for the general sense Liv. 8, 19, 11 Fundanis pacem esse et animos Romanos. For the reading see Appendix. flexerunt: many causes conspired to make the Gaditanes disaffected to the Carthaginians. Gades was a Phoenician, not specially a Carthaginian colony, and had once been independent; Gades and Carthage were commercial rivals; finally the Gaditanes were most cruelly treated by Mago before he abandoned the city to the Romans (see Liv. 28, cc. 3o, 36). excluserunt etc.: Liv. 28, 37, 1 Mago cum Gadis repetisset, exclusus inde etc.; probably the Gaditanes supplied ships for the Roman fleet in the last years of the second and during the third Punic war. 66 speciem : semblance"; illam...hoc: cf. n. on Arch. 16, 1. 5, also below, 57, p. 43, 1. 6. 66 arce: many edd. propose to write ara. Arx, however, is quite right; the citadel is regarded as a place of safety; more inviolable than any citadel". Cf. Cat. 4, 11 hanc urbem lucem orbis terrarum atque arcem omnium gentium (so Leg. Agr. 1, 18, Verr. 5, 184, Sull. 33, Lig. 22) Pis. 11 templum illud fuit arx civium perditorum, Verr. 5, 126 haec arx, haec ara sociorum, ib. 4, 17 hac lege, communi arce sociorum, Cluent. 156 arce legis. R. B. 6 § 40, P. 36. testantur: "call as witnesses". Scipiones: the two Africani; Brutos: probably one man only is meant, D. Iunius Brutus Gallaecus, consul in 138 and governor of Hispania ulterior, who triumphed over the Gallaeci in 132, at the time when Scipio triumphed over the Numantines; cf. Arch. 27. The plural is used by a well-known idiom; cf. Tusc. 1, 4 Polycletos et Parrhasios. Flaccos: the reading is doubtful; see Appendix. Possibly the allusion is to C. Valerius Flaccus, mentioned in § 55, who was consul in 93 B.C. and waged war against the Celtiberi. Crassos: the reference no doubt is to P. Licinius Crassus Dives, the father of the triumvir, consul in 97, who was for several years governor of farther Spain. According to Strabo he sailed from Gades to the Cassiterides and was the first Roman who visited those islands. Metellos: see on 5, 1. 26. illorum: put for suis, which might have been referred to Pompeius. hoc tempore ipso: the occurrences above alluded to were of comparatively old date; while the scarcity of corn was great at Rome in 58 B.C. and the years following, and led to the appointment of Pompeius as praefectus annonae for five years with extraordinary powers. He had authority to command all towns in the empire to send corn to Rome at a fixed price (Att. 4, 1, 7), and may have compelled the Gaditanes to send it. From Cic.'s words, however (ut saepe ante), it seems that the corn sent from Gades was a gift. Subject states anxious to cultivate the favour of the Romans often made such gifts in time of scarcity (so Hiero in 215 B.C.; see Liv. 22, 37, 6). his gradibus ascensus: cf. Pro dom. 75 quibus tamquam gradibus in caelum mihi videor ascendisse, Fin. 5, 40 multis gradibus ascendere, Har. Resp. 43 aditus ad popularem iactationem atque ascensus, Leg. 3, 7 ad honoris amplioris gradum ascensus. 12 Afris etc.: so 24, l. 13. 13 15 18 20 § 41. multatis: "mulcted in land and tribute". Cic. seems to assume here what is not true, that no civitates foederatae had to cede land or pay tribute. nobiscum...impositas: there is a slight zeugma, some words like ictum esse being understood after nobiscum. hospitium publice fecisse: i. e. they chose Balbus as their hospes publicus, or patronus at Rome. Cf. Introd. p. 7, also Arch. Introd. p. 7. tesseram: sc. hospitalem; a token, or tally, broken into two pieces, one of which was kept by each party; identity could be proved by fitting the two bits together. There is a scene in Plautus' Poenulus (5, 2, 87 sq.) 22 23 24 Some where one man claims hospitality of another in virtue of an ancestral friendship between their families; the two pieces of the tessera are brought out and found to fit, and the claim is at once admitted. times there were two tesserae identical in all respects, one being kept by each party. excito: a word especially used of calling up witnesses; Rab. Post. 47laudatores: the technical term for witnesses to character. huius: depending on, not in agreement with periculi; so probably `illius orationis in 4, 1.9; cf. eius gloriae in 13, 1.9, and huius iuris in 42, 1. 33, also n. on 13, 1. 11. Deprecatores here, and in 42, takes a gen. of a thing which it is sought to avert; often, however, it takes a gen. of something which it is thought to secure, as Sest. 27 d. salutis meae; cf. also Fam. 2, 13, 2 deprecatores pro huius periculo. audita...in senatu...convicia: for readings see Appendix; for convicia n. on Arch. 12, 1. 21; if the word be retained here it must be added to the exx. there quoted of the plural. istum: i.e. the prosecutor. § 42. 27 28 30 33 2 3 6 8 9 10 scita ac iussa: scita refers particularly to plebiscita, while iussa is more general. civitate mutatum: 31, l. 10, n. interponere iudicium voluntatis: Madvig (Opusc. 2, 39) proposed indicium, wrongly, I think; for certius is an adverb, and the phrase iudicium voluntatis occurs elsewhere, as in Verr. 1, 41, and means a decided expression of feeling; cf. voluntate in 39, 1. 23; 35, l. 13. For interponere iudicium cf. Att. 8, 3, 7, De Div. 2, 150; also below, 53, P: 41, l. 1. huius iuris: n. on 41, 1. 22. § 43, P. 37. 66 saeptum sit: note the tense; absolutely closed". commendandi: "of recommending for favours"; commendatior: "more favourably viewed". omitto quantis: an ellipse of dicere common after omitto; so Sest. 27 omitto quid fecerit, and cf. 1, 1. 8, n. cum esset: Introd. p. 7. controversias etc.: the clauses are loosely connected; ut must be supplied to go with the verbs; "how he allayed, etc."; see Appendix. II barbariam: the Punic element in the population no doubt oppressed the non-Punic, and Caesar's reforms gave all classes equal rights before the law. disciplina: "institutions". 12 14 15 16 studia contulerit: so Cluent. 153 studia ad honores petendos conferre. consequantur: prob. consecuntur should be read, as there seems little reason for the subj. adsunt: cf. Arch. 8, p. 24, 1. 4. officio: the original meaning of officium, an action demanded by ties of blood or friendship, comes out strongly here; the word has a much narrower sense at all times in Latin than our "duty”. 17 civi: this form of the abl. of civis prevails in Cic., though cive is found; see Neue, Formenlehre 1, 219 (ed. 2). 18 commodorum: "interests". 19 § 44. afficiantur: subj. not as dependent on quamquam (which is not directly followed by the subj. till post-Augustan Latin), but because the supposed opinion of the Gaditanes is indirectly quoted. 20 civis: subject to venire, while the words from eorum to venire stand in place of subject to liceat; cf. n. on 29, 1. 1. 21 23 26 28 30 venire in: n. on 19, 1. 29. inferius: above, 35, 1. 21. ignorantis: "though you well understand it". $ 45. prudentissimos: "most skilled"; prudentia very commonly means not wisdom in general, but skill in some special pursuit. causis: as in 35, l. 9. Q. Scaevola: consul 117 B. C. and augur, which name was usually added to distinguish him from his cousin and contemporary of the same name, usually called pontifex. The Scaevola here mentioned was one of the greatest of Roman lawyers; cf. Brut. 102 iuris civilis intellegentia atque omni genere prudentiae praestitit. praediatorio: persons bound to perform duties to the state, the nonperformance of which would cause pecuniary loss to the state, were required to produce sureties (praedes) who would be liable in person and property (praedia) should the duties not be performed. The praes agreed in a formal document that stated portions of his property should in that case be liable to distraint. The technical phrase for the whole proceeding was praedibus ac praediis populo cavere (Liv. 22, 60, 4) and the praes was said subsignare praedia (Flacc. 80). If distraint became necessary the officials of the aerarium sold the specified property after public advertisement (proscriptio), and there was a class of mercantile speculators called praediatores who bought up such property (Gaius 2, 61 qui mercatur a populo praediator vocatur). The legal rules relating to such distraint were called ius praediatorium (Cic. Att. 12, 17) and were contained in a particular chapter of the edictum praetorium headed de praediatoribus. 31 32 33 consultores: "clients", a lawyer being consultus. Furium... Cascellium: not mentioned elsewhere except by Val. Max. 12, 8, I who merely quotes Cicero's words here and wrongly supposes the men to be lawyers instead of brokers. reiciebat: "referred"; cf. Att. 9, 13, 8 sed ne bis eadem legas ad ipsam te epistulam reicio. Tugionem: apparently a lawyer who had specially studied the ius aquae ducendae per alienum fundum and the ius aquae hauriendae ex alieno fundo (briefly called by Cic. Caec. 74 aquae ductus, haustus), which were part of the so-called servitutes (easements) praediorum rusticorum (see Dict. Ant.) and often caused disputes between neighbouring proprietors. P. 38. I Aquilium: the most brilliant lawyer of his time, the subject of an extravagant eulogy in Caec. 77-79; colleague of Cic. in the praetor-> ship. 2 de foederibus: "when treaties are in question". 3 4 6 8 iure...belli: n. on 15, p. 26, 1. 2. peritissimis: substantival, as in 56, 1. 13; n. on Arch. 7, 1. 31. § 46. possumusne etc.: 'can we satisfy you by giving as authority for a case in point and for that course of action which you blame, the name of C. Marius?" Observe that Marius is almost the only great democratic leader of preceding times whom Cic. ever praises. Both Cic. and Marius belonged to Arpinum, and there was a distant family connexion between them. quaeris: note the omission of the interrogative particle; in positive sentences the abruptness thus caused indicates some strong feeling, as of surprise or indignation. Cf. 7, l. 16. is igitur: for readings in this section see Appendix. Iguvinatem: the people of Iguvium (an Umbrian town) are usually called Iguvini. Camertium: the inhabitants of Camerinum (also in Umbria and not to be confounded with Cameria in Latium) were called Camertes. After the word Camertinum the word foedus must be supplied. The foedus between Camerinum and Rome was probably as old as 310 B. C. (Liv. 9, 36, 7). Livy in 28, 45, 20 calls it aequum and it would appear from the passage that Camerinum was not even bound by treaty to supply Rome with troops (cf. Val. Max. 6, 5, 1). The foedus with Iguvium is known only from this passage, but was probably concluded in 308 B. C. at the same time with that between Rome and Ocriculum, another Umbrian town (Liv. 9, 41, 20). |