quid sit quod "what is the reason why" (indirect question); in the indicative would be quid est quod, where est is emphatic, not (as usual) enclitic.
2 summi oratores etc. The usual patroni, men of forensic (oratores) and political (nobilissimi) experience; second chiasmus in two lines.
sedeant The verb here means "not speak;" although eminent men sit with the defendant (cf. line 5) to show their support, they will not take part in arguing the case.
3 neque ... neque ... neque polysyndeton
aetate ... ingenio ... auctoritate Ablatives of specification, two of which are in the same category, and also true (aetate: he was twenty-six years old; auctoritate: he had none to speak of, no public career, no clients, no noble ancestors), and one of which (ingenio) fulfills the demands of modesty. The order of the words owes more to music (vel sim.) than to logic: each of the three is a syllable longer than the one preceding. As he continues the discussion of his suitability, he ignores the question of ingenium until the end (§5).
4 qui sedeant The relative clause replaces a noun; the repetition of the verb sedeant also repeats the message that the usual patroni are silent.
Omnes hi etc. Speaking of their good will is not unusual; of their cowardice is. The alternative, however, is to state that these worthy men are lacking in their duty to their cliens.
5 adesse in hac causa technical term: to lend moral support to the case, by their presence
iniuriam Killing Roscius maior and robbing the son of his inheritance
novo scelere Accusing Roscius of his father's murder
6 oportere defendi, defendere ipsi etc. Juxtaposition of passive and active infinitive of same verb effectively contrasts their feeling that something ought to be done (by somebody) but that they don't dare to do it.
7 iniquitatem temporum As Cicero explains in §11, this case is the first regularly constituted murder trial since the beginning of civil strife in Rome (whether he means during Sulla's first consulship or dating back to Marius' last consulship, he does not reveal).
propterea quod ... idcirco quia propterea and idcirco are redundant in English translation; their purpose in Latin is to signal the following quod/quia (lit. "for this reason, because"). Cf. propterea quod in §§3, 5, 65, 81, 111, 113, 116; idcirco quod in §§94, 112, 145 and idcirco ut in §§111, 137 (bis), 141, 153; ideo quod in §§36, 85; illa causa quod in §4 (cf. causa nulla cur in §146). Both clauses here have the indicative, which means that Cicero states the reasons as facts.
10 officiosior The word officiosus (devoted to officium) has a good connotation, unlike English "officious." Cicero refers to the others' obligation to their officium in §4 below.
11 istius (with laudis) The second person pronoun is attributed to the hearers' supposed question.
cupidus + (preceding) genitive
aliis dative (incommodi; separation) with praereptam
13 recipio L&S s.v. II.B.2.a = accept task assigned (opposed to voluntary undertaking)
istorum your peers; or, the same ones I was talking to you about
14 quos videtis adesse He uses the same short relative clause to describe these people as he had used in line 5 above
in quibus ... est fact (indicative verb), not characteristic
15 amplitudo a quality which senators possess (along with auctoritas); the relative clause in quibus ... amplitudo serves as a circumlocution for senators
de re publica etc. The political circumstances permitted the crime and subsequent accusation: see §3
16 multa ... putaretur Personal passive construction
19 quod causal
20 nobilitatem et amplitudinem Ex-magistrates and senators (again); contrasted in the next sentence with Cicero's lack of political experience (quod nondum ad rem publicam accessi: next page line 2) and consequent lack of any history as a supporter of one side or another: continuation of argument from auctoritas
21 concedi It is convenient to have an impersonal passive (+ dative dicto) and thus not have to name an agent.
aetatem et prudentiam Argument from aetas (lines 3 above and 3 on p.4 below)
1 Ego Emphatic position; contrast with the others.
2 rem publicam Public life, affairs of state; the whole phrase ad rem p. accesso means to enter on a public career; argument from auctoritas
3 ignosci adulescentiae Again, dative with impersonal passive. Here Cicero has used a parallel construction which is not strictly grammatical. The pronoun quid (standing in for aliquid) in line 1 is the subject of poterit and thus of the two passive verbs which depend upon it, occultum esse and ignosci. The latter, however, cannot have a personal subject when it is used in the passive.
4 ignoscendi ratio The gerund picks up the same notion as ignosci just before; ratio here must mean habit, or practice, and is virtually synonymous with consuetudo
cognoscendi consuetudo L&S s.v. cognosco III.A = holding a trial. Normal legal procedures had been suspended. Note also paronomasia with ignosco/cognosco
5 sublata L&S s.v. tollo II.B = abolished
6 a ceteris ... a me a here = "of," not "by"
ita Correlative with second ut, the one which commences the result clause and governs arbitrarentur
utrumvis "say yes or no" (lit. "whichever you please")
7 salvo officio The request was phrased in such a way that obligations to the defendant would not be violated by a refusal.
8 amicitia ... beneficiis ... dignitate These are three politically loaded words, meaning, respectively, political friendship, favor (which must be repaid), importance (of those who offer their friendship and favor).
9 plurimum possunt The expression with adverbial plurimum avoids the unpleasant connotations of potentia, while still informing the hearers that those who asked had much influence.
benivolentiam ... neglegere The nouns in the tricolon answer, although not in the same order, the three ablatives with plurimum possunt:benivolentiam-beneficiis, auctoritatem-dignitate, voluntatem-amicitia.
ignorare = "not think about," i.e. the benivolentiam must be returned; aspernari = "not consider [worth anything]," which one cannot do in the case of someone's auctoritas; neglegere = "take lightly," and one cannot take lightly the voluntas of powerful men.
11 debebam It was his duty, or, more to the point, he had a debitum to honor. He has been "forced" to defend Roscius; an item which he enters in his own defense as well.
12 exstiti He means this quite literally; it is the opposite of sedeo
unus I.e. especially for some unique abilities which he may have been thought to have (maximo ingenio).
11-15 The summation of his introduction of himself includes a trio of juxtapositions: electus/relictus, maximo/minimo, defensus/desertus
13 qui ... possem Causal relative clause
15 omnino When used with a negative, makes the negative absolute (not unlike a superlative); cf. §§81, 92, 94, 95, 105, 118, 127. When used as a positive, omnino conveys the idea that an absolute negative was to have been expected: see example at §49.
16ff. Cicero states the question in his listeners' minds; not a real question since they all know the answer, but an opportunity for him to restate the grounds of accusation, so as to remove them. He will also surprise his opponents by bravely attacking the obvious (cf. §60).
16 terror ... formido Refer to the same thing, although the terror is the active agent causing the formido, the subject of the following relative clause. Many years later, Cicero defined various types of fear (metus), including these, at Tusc. 4.18-19. One may compare a passage where he uses the two together. At Fin. 1.46 when he says sapientiamque esse solam, quae nos a libidinum impetu et a formidinum terrore vindicet, terror is parallel to impetus, i.e., an onset, and the formidines and libidines are broader categories.
17 impediat quo minus ... velint Subjunctive with verbs of hindering; quo minus velint literally says "by means of which [the action implied in impediat] they be less willing" (= "so that they be unwilling").
18 fortunis Not literally, since Roscius has already lost his; the word is formulaic.
19 Quod The reason for their fear; object of ignorare
adhuc I.e. in the remarks of the prosecutor(s)
20 rei ... quae conflavit rei is from res, not reus; literally it means the thing which occasioned the trial
sexagiens 60 times 100,000 sesterces = 6,000,000
23 de "from," with emisse
viro ... Sulla Cicero describes the dictator's two spheres of operations: Sulla was clarissimus in the political arena, fortissimus in war.
quem ... nomino Not part of the reported speech.
24 duobus milibus nummum Cicero uses the exact numbers to make explicit the great difference between the property's worth and its price.
dicit Cicero repeats the story as the buyer's hearsay, not necessarily as fact.
25 vel a particle, intensifying potentissimus. The contrast between Sulla and Chrysogonus is clear: while clarus is a word implying great influence, potens is never complimentary.
hoc tempore A reiteration of the circumstances: iniquitatem temporum (§1).
26 L. Cornelius Chrysogonus A Greek, freedman of Sulla, gets his first two names from his previous owner. Cicero states the whole name for effect, as he declares later (§60). To save the subject for the end of the sentence heightens the suspense.
Is Cicero deflects criticism of Sulla to his freedman, and, not for the last time in his career, argues that the defendant on trial is not the one who should be in the dock.
27 quoniam ... quoniamque With subjunctive, indicates that Cicero attributes these reasons to Chrysogonus, even more persuasive (or damning) than stating them as facts, in the indicative.
28 nullo iure ablative of specification; meaning 'in accordance with'
ei modifies pecuniae
29 obstare ... officere mean very much the same thing; the first is more passive in connotation ('be in the way' as opposed to 'get in the way').
1 suspicionem The word does not mean suspicion, but a feeling of mistrust or apprehension
2 huius innocentis "of this innocent man": he attributes the thought to Chrysogonus
3 tam amplum et copiosum Cf. tam plenam atque praeclaram above (previous page lines 27-28). He emphasises the value of the estate, the motive.
posse The meaning of the verb indicates future intent; same in next line.
damnato et eicto Sc. hoc. Parallel to the preceding clause; damnato = found guilty and eiecto = expelled from the rights of citizenship and from the state.
4 quod ... id Reversal of usual order of antecedent and relative.
per luxuriam etc. Poisoning the well: the Graeculus will only squander it; perhaps-taking the infinitives effundere atque consumere with posse-he plans to.
5 sibi Cicero juxtaposes the dative and ablative of separation.
scrupulum The neuter form of scrupulus/scripulus/scriptulus, a tiny stone, indicates a weight of 1/24 of an ounce or, by extension, of other measures. Metaphorically, as the verbs here indicate, the stone is thought to be sharp and pricking, like a thorn.
6 ut ... profiteamini The reflexive adjective shows that this clause reveals Chrysogonus' purpose, as Cicero represents it, rather than a consequence resulting from the judges' compliance.
7 adiutores etc. Cicero argues that a guilty verdict will make the judges guilty of judicial murder and (unpaid) partners in Chrysogonus' crime
10 contra adverb
adfero technical term "introduce"
13 audacium sceleri resisto takes the dative; audacium is genitive plural masculine, used as noun
14 innocentium calamitatem parallel to preceding clause: genitive, object, verb
15 periculum Cicero makes the threat (intenditur: something aimed at one) universal; defending Roscius = protecting everyone. He avoids the monotony of a third parallel clause (e.g. omnium periculum propulsetis) by the relative clause.
aut causa ... res Tricolon crescendo, the first two members in chiasmus, the third much longer and of a different construction.
quaelibit ... vel minima any at all ... even (vel is the particle) a tiny thing (or reason, with quam ob rem). He follows res with quam ob rem, using the expression literally, as elsewhere (and, e.g., with quamvis).
17 videantur relative clause of result/characteristic
18 non nihil = aliquid; some basis for accusation. Cf. nonnulli
tamen "on the other hand"
deferendo with nomen, technical term for indicting or accusing someone
20 non recusamus mixed condition; present follows future, fut.pf.
libidini Characterisation of the guilty verdict another instance of "poisoning the well"
21 aliud ... nihil nihil is emphatic; usual order is the reverse.
eis antecedent removed to beginning of clause for emphasis; dative with desit. Further described by quibus satis nihil est. NB indicative, not relative clause of characteristic.
22-3 hoc solum ... pugnatur ut second characterization of purpose; both protases with indicative
24 cumulus the heap added to a(n already) full measure
nonne etc. The apodosis is a rhetorical question
multa indigna sc. sunt
25 vel particle; cf. §6 line 25
hoc in apposition with substantive clause vos ... consuerunt
The argument is one which Cicero will use frequently in making this
and many another case: does one call it ethical blackmail?
26 sententiae iusque iurandum Hendiadys: "verdict and oath" for "sworn verdict," "verdict given under oath"
27 qui i.e. vos, the judges
ex civitate ... ex senatu here literally "out of" first, the whole citizen population (civitas), and the senate: a progressive winnowing of seed from chaff.
28 dignitas the operative word.
29 ab his his is the antecedent of qui in line 27; the relative clause is placed first to make the main (noun) clause the more prominent
hoc postulare hoc is in apposition with the jussive noun clause which follows; postulare is in same construction as vos idoneos habitos [esse] above, still dependent upon nonne ... vel hoc indignissimum est.
1 sicarios ... gladiatores Two of Cicero's favorite terms of opprobrium, the latter found perhaps thrice as often as the former. The two occur together only here and at Sest. 78; Cat.2.6. Sicarius recurs at §§11, 39, 74, 76, 80, 81, 87, 90, 93, 94 (ter), 103, 151, 152 (16 times in all): more than one-third of the uses of the word in extant works.
2 quae ... debent again, indicative
pro in return for; because of
3 spoliis Roscius' scalp, as it were
The construction of the sentence is chiastic without adhering to exact parallel of grammatical structure. Cicero begins with relative clause characterising senators'/jurors' political/social standing (dignitas) and their suitability to punish malefactors (severitas), then juxtaposes them (ab his) with the accusers (homines sicarios atque gladiatores), who ought to be the accused (relative clause, metuere atque horrere debent respond to severitas), and balances off the judges' dignitas with the image of the accusers leaving the courtroom spoliis ornati auctique.
6 graviter "with dignity" (cf. aetas line 8). The three adverb/verb combinations, in which the verbs are not precisely equivalent in meaning, are explained in the next sentence, in which the equivalent nouns (commoditas, gravitas, libertas) replace the adverbs, maintaining the same order.
7 posse intellego repeated in line 12; Cicero lapses into repetition of phrases.
8 impedimento final dative
huc lit. "hither," i.e. in addition to these things
9 timor etc. timor is a different thing from the terror and formido (§5 line 16) earlier described. It is part of the captatio benevolentiae, fitted to the circumstances: one's shortcomings and the jury's excellence are usual features; a word about the difficulty of the case is also in order, and perhaps a compliment to the opposing attorney's oratorical powers (cf. Quinct. 77): in this case it is the real power of the opponents. For other examples of fear engendered by the circumstances, cf. Mil. 2, Deiot. 1, and denied, Marc. 1. Roscius' endangered position (pericula line 11) is an extension of the same idea. One would not be so nervous in a civil suit, although Cicero's "nerves" (natura pudorque a hendiadys) are always a factor; cf. Clu. 51; Deiot. 1.
10 dignitas ... vis Echoes the order of the rhetorical question in §8
11 oro atque obsecro Collocution very frequent, also in §78 (third person); supine at Pis. 77. More often third person than first.
14 Hoc onus the defence (object of adlevabitis and feram); emphatic position at the beginning of the sentence.
aliqua ex parte lit. from some part, as if he were asking them to lighten the burden by holding up or carrying one corner for him. The sense is si vos aliquam partem huius oneris adlevabitis.
15 feram ut potero feram is future indicative. The expression (ut = as) corresponds, chiastically, to quoad potero perferam at the end of the sentence, and turned round again at the beginning of the next (quod si perferre non potero lines 17-18).
sin introduces the alternative condition; verbs all future indicative. the second half parallels, in the same order, the first: if you help, I ... but if by you I am not helped, I ...
16 spero means "expect," not "hope" in the abused English sense of "wish"
animo with deficiam, locative
17 id quod suscepi Cicero continues to speak as if of an actual physical burden; cf. opprimi me onere in line 18, impositum (? "imposed" in our sense) in line 19, abicere ... deponere in line 20, and, in this line, quoad in the spatial sense as well as temporal.
19 cum fide i.e. faith with others had in Cicero
20 perfidiam ... informitatem animi corresponding to fide line 19 and animo non deficiam lines 16-17
22 huic eidem quaestioni Fannius had already (iam antea) presided over a criminal court (quaestio de caede). If this was the first regularly constituted criminal proceedings, then did Fannius serve before Sulla's return or, after it, over a kangaroo court? See Schol. Gronov. 304 Stangl (Münzer dicit p.427 Or.); H.A. Grueber, Coins of the Roman Republic in the BM (London 1910) 1.314ff. on the coinage; CIL I2.2 p.756 no. 272.
23 et nobis et rei publicae Cicero unites his client's case with the state's condition; he requests a verdict based, in principle, on facts and testimony, not on political considerations. Sulla's reforms had ostensibly restored the republic to regular working order.
24 impertias for variation; means about the same as praebeas
Quanta multitudo hominum the corona, always large for good speakers or notorious cases
25 mortalium usually a poetic word, when used of people, unless contrasting them to immortals (i.e. thnetoi), although sometimes, as here, means the same as homines (anthropoi)
26 exspectatio not expectation as in assumption that something will happen, but an "awaiting" to see if control of affairs had really returned to the state (senate), another reminder of the force of public opinion
cupiditas introduces a jussive noun clause, as if it were a verb
27 Longo intervallo at least two years, possibly seven
iudicium inter sicarios technical term = quaestio de caede, a murder trial.
28 committitur Peculiar choice of vocabulary: the verb in this sense usually is used of joining battle (e.g., §151 proelium committunt; with proelium seven times in the first book of Caesar BG), commencing games. Elsewhere in this oration it carries the more familiar meanings of "commit": to commit a crime, or to entrust.
caedes indignissimae Cicero contrasts the restoration of murder investigations with the murders of the recent past; it is remarkable that he characterises the spate of murders in this way, although in the context of his contrast of judicial investigation with deaths left uninvestigated and unpunished, he means both those improperly killed under pretext of being proscribed, and those who died following Marius' return to the city. One can nevertheless not avoid thinking of the proscriptions. Threats of more caedes, as opposed to proper proceedings, follow soon after. Cf. §12 caedes futurae sint.
1 dignissimam a textual problem (see the app. crit.). The transmitted reading is dimissui or dimissius or some variant, which makes no sense. Some editors prefer to print remedium (or remedio, final dative) and change sanguine to sanguini (thus making maleficiis dative as well), "a remedy for." dignissimam may be closer to the mss. variants but is harder to translate: "this trial will be worthy (in some respect) of ..." i.e. a severe and fair condemnation of criminality and bloodshed, "just deserts." It does go well with the preceding indignissimae so perhaps a noun is missing?
4 causam dicimus causam dicere is a technical term. = make a defence
5ff A long sentence containing a tripartite request:
(1) ut ... vindicetis
(2) ut ... resistatis
(3) ut hoc cogitetis
This is a tricolon crescendo of a sort, the first two members in parallel
(quam with superlative adverbs, object, verb), the second longer
than the first. The last clause, shorter per se than the preceding two,
but longer because of the substantive clause attached to it, breaks the
pattern and gives a pause before the long condition (nisi ... sint
lines 7-12) in apposition to hoc
8 qui = qualis
eo adverbial, correlative with ut, next line ("to that degree/extent ... that")
10 hic Spatial. Trials at this time were held outdoors in the forum. A raised tribunal was provided for the praetor and benches (subsellia) for the judges; below these, more benches for the parties involved. Spectators stood.
Note the multiplication and narrowing specification of spatial detail (non modo clam verum etiam hic in foro ante tribunal tuum ... ante pedes vestros ... inter ipsa subsellia).
14 fortunas ... calamitatem 1: robbery vs. calamity
15 quibus occidi ... bono fuit occidi is a noun, subject of fuit. The Cassian question cui (quibus) bono fuit is the most famous of double datives: who profits? 2: profit vs. penury
17 iugulare ... ne ... trucidetur 3: murderous intent vs. need for self-defence. cum praesidio is not necessarily an armed body-guard; it refers to the escort of friends, advocati, who surround the accused.
18 summe adverb
20 populus poscit ... unus relictus ex ... caede 4: final restatement of the reversal. poscit means to demand for punishment: L&S s.v. II.A. unus relictus ... restat is both exaggerated and redundant; one does not need both relictus and restat, and unus, while not strictly true, is Cicero's way of indicating that the opponents have always been able to murder everyone else at will. Thus Roscius may not be the only man to have escaped their clutches, but he is, Cicero avers, the first.
23 quae facta sunt ... haec sunt quae dicimus subordinate clauses in O.O. may be in the indicative if the statements are true anyway, and if the speaker wishes to emphasize their occurrence (as here)
24 res quem ad modum proleptic
26 et rei publicae calamitatem also, with miserias and audacias, the object of cognoscere, placed after the verb for emphasis
cum correlative with tum, next page line 1
29 genere et nobilitate et pecunia ablatives of specification (with primus) describe the three qualities which one must have to count in Roman society: genus is birth into a respectable family, nobilitas comes from holding office, and pecunia ensures that the two kinds of (local) distinction are worth something.
2 florens prosperous (with abls. of specification gratia and hospitiis), another sort of distinction. Roscius maior had the favor of and had an inherited relatinship of guest-friendship (hospitium) with influential Romans.
Metellis etc. The Metelli, Servilii, Cornelii Scipiones were
all leading Roman families. Roscius took refuge with Caecilia
Metella to escape his enemies (see §27). The Metelli, esp. Q.
Caecilius Metellus Pius, were political allies of Sulla and hostile to
Marius and his supporters.
3 ei Roscius maior; dative of possession
4 domesticus usus et consuetudo actual friendship in private life, opposed to the formality of an hereditary relationship. Roscius maior visited Rome frequently.
5 honestatis amplitudinisque gratia honestas = honorable position (should have something to do with office-holding), amplitudo = distinguished position (amplus and its superlative, and amplitudo, are favorite attributes of Roman senators; cf. above in sections 2 and 3). Cf. Sulla, quem honoris causa nomino in §6.
6 commodis useful things: rank, money, friends at Rome
hoc solum friends at Rome; the rank would be worthless without the patrimonium, although the fama is worth defending
7 domestici praedones his kinsmen were among those who robbed him
vi ereptum possident better than having to say they took (active voice) by violence and keep it
8 paternis adjective for genitive.
cum correlative with tum, line 10. Normally the parallel
clauses have the same mood; the subjunctive here is due to the
circumstantial force of cum
nobilitatis fautor Roscius maior had allied himself with the
Roman senatorial aristocracy, what one in another time and place
would call the boni or optimates, at this time identified
with the party of Sulla, whose reforms were aimed at keeping political
authority with the senate. Historically, the local nobility in Italian
towns had supported the Roman ruling class - the senate - in
return for real advantages, including Roman citizenship. Cicero states
the quid pro quo relationship explicitly in lines 13-15 below: rectum
putabat ... numerabatur. In calling the man a supporter of the nobility,
Cicero implicitly puts him in Sulla's camp.
10 hoc tumulto proximo Cicero may mean either the events beginning
in 87 with Marius' and Cinna's return to the city, or
perhaps only the more recent battles of 83-82, culminating with Sulla's
victory at the Colline Gate on 1 November 82. In
military terms, tumultus is a civil disturbance: cf. Phil.
8.2ff
(quoted in L&S s.v. tumultus I.B). Although Cicero's deliberate
temporal vagueness may allow one to encompass the earlier period from
the beginning of the Social War as well, there is no
evidence for what role, if any, Roscius maior played in events of that
time, and the characterisation of the conflict as one in
which omnium nobilium dignitas et salus in discrimen veniret rather
refers to the late eighties rather than to the earlier period. Marian (or
Cinnan) partisans who opposed Sulla included disaffected Italians who had
not given up on the idea of secession.
11 dignitas et salus Position and existence, the first as important
as the second, or, in Caesar's words, more important. The
singular verb agrees with the nearer subject, but, although this is
a regular grammatical feature, the use of the singular tends to
make one idea of dignitas et salus.
in ea vicinitate His part of Umbria: Sulla's disturbances were not confined to Rome.
12 eam partem causamque the "party" (usually plural, partes)
of the nobility, which Sulla professed to defend and vindicate.
opera from opera, -ae, and although singular, brings
to mind the "private armies" or gangs (operae) which played such a
major role in Roman politics of the coming generation.
13 honestate ... honestissimus i.e. their dignitas, upon which his depended
15 victoria may be meant to indicate over the Italians still in revolt, but specifically meant the victory over possession of the city of Rome.
ab armisque the enclitic conjunction is strangely placed, as
it is meant to join the two verbs: nearly makes a single idea of ab
armis recedere
16 cum proscriberentur an unpleasant aspect of Sulla's victory, but one which Cicero must explicitly state in order to make his case that Roscius maior had never been counted among the dictator's opponents.
17 ei qui adversarii fuisse putabantur Circumlocution for Sulla's
real or imagined inimici. The use of putabantur saves Cicero from
having to pass judgment on the proscribed, and also allows him to embrace
injustices within a broader category of
mistakes.
18 frequens adverbial
in foro et in ore omnium Cf. descriptions in Plutarch, Sulla.
Here
Cicero distinguishes between Roscius maior, who was
actually at Rome, with others who had to be tracked down ex omni
regione
19 magis ut exsultare ... videretur quam [ut] timere [videretur] Roscius maior spent much time at Rome in open support of Sulla's faction, not, Cicero assures the suspicious, in activities meant to allay suspicion of his sympathies.
20 ne quid ... calamitatis sibi accideret euphemism
ex ea sc. victoria (ex is causal)
inimicitiae Long-standing political or personal enmity with fellow
citizens; usually plural (not plural because of the number of
enemies). Here, the inimici are members of his own family. Cicero
names them more precisely in lines 25ff.
22 alterum One of the two, Titus Roscius Magnus (lines 26-27), was present at court in support of the accuser.
23 alterum ... audio Hearsay: this one is Titus Roscius Capito
(line 26), presumably busy running three of Roscius' (huiusce)
farms.
quas inimicitias ... viveret Roscius maior is the subject of
the mixed unreal condition. The correlatives tam ... quam indicate
inequality: "if he had been able to be on guard to the same extent
that he feared them ..." or "if his precautions had equalled his
fears."
25 neque iniuria iniuria = sine iure; litotes (= neque ... non)
26 alteri Capitoni cognomen est, iste ... Magnus vocatur variatio, both of construction and in using iste for the second alter; the first construction employs the usual dative of the name in apposition with the owner, rather than nominative with cognomen.
27 alter Capito, as in the first part of the sentence
plurimarum palmarum attributive genitive, with nobilis = famous for; cf. L&S s.v. II.D.2.d-e.
28 gladiator habetur habetur = he was considered; Capito
never actually fought in the games. An example of metonymy: the word gladiator
was one of several used for the concept of "thug." Cicero similarly characterised
others who indulged in violence, e.g., Catiline (Cat. 1.29, 2.24;
his followers at 2.7), M. Antonius (saepe in Philippics, e.g., 2.7
and 74,
and the adjective gladiatorius at 2.63).
hic Magnus; should be iste, more variatio.
29 eum lanistam Capito; he continues the metaphor by calling Capito a gladiator-trainer.
quique = et qui, the conjecture of Madvig. The mss. have qui, which gives an abrupt asyndeton. The person is still Magnus.
hanc pugnam The murder of Roscius maior.
30 tiro technical term for newly-recruited soldier, frequently extended to a beginner in any field.
quod sciam proviso
2 T. autem iste Roscius autem and other postpositives regularly appear between two parts of a name
adsiduus adverbial
4 ipse Roscius maior
5 occiditur Cicero uses the historical present for his narrative of the murder and subsequent events, through §21.
ad balneas Pallacinas ad = near; the baths were near the Circus Flaminius
6 ex hoc ipso the preceding account of who was where. Cicero
argues that Roscius had no opportunity to kill his father, but
that Magnus did.
non esse obscurum in apposition with the relative clause
7 malefici genitive, the second -i omitted, as usual; with suspicio
id quod ... suspiciosum proleptic
suspiciosum grounds for suspicion of the defendant
8 perspicuum refers to id (line 7): nisi res ipsa fecerit perspicuum id quod ...
res ipsa the facts which he prepares to set forth
fecerit future perfect; with iudicatote, the future imperative, in apodosis
adfinem culpae adfinis + dative or genitive = party to. culpae could be either case; Cicero uses the dative elsewhere, e.g. huic facinori at Cat. 4.3. Same promise at §76.
11 tenuis etc. one may assume a grammatical progression, thus
a logical progression from bad to worse: of slender means, an
ex-slave, client and buddy of Magnus
13 inimici noun, in apposition with Capitonis
cum concessive
post horam primam noctis Day and night each had 12 hours, which
were longer or shorter according to the season. "After the first hour of
the night" would correspond, in our terms, to after 9:00 p.m. or later
in June, after 5:00 p.m. or earlier in
December. So what time of year is this?
14 primo diluculo "at the crack of dawn;" the noun diluculum apparently ante- and post-class. except for this instance in Cicero and one in the letters; nearly a hapax.
decem horis nocturnis Does Cicero make a particular point, i.e. was it summer, so that the hours were shorter?
15 sex et quinquaginta milia passuum 56 Roman miles is approx.
51.5 U.S. miles (1618 English yards to a Roman mile) =
approx. 82.5 K.
cisiis pervolavit Understood literally, Mallius Glaucia used
more than one carriage, that is, he employed relays. The verb is
poetic (exc. Rep. 6, 26, 29 - there prob. Platonic): mock epic
tone.
16 inimico ... inimici The position of the word indicates that one should understand it with exoptatum as well as with adferret. Same word for the two people, reinforces the idea, the first active (Capito hated Roscius maior), the second, by context, passive (Roscius maior hateful to Capito).
18 ostenderet The original final clause (ut ... adferret lines 16-17) continues.
20 ad Chrysogonum ... Volaterras Three constructions of goal of motion: to (ad) a person, into (in) a kind of place (common noun), to (no preposition) a named place.
defertur ... demonstratur ... commemoratur Deliberate use of passive to avoid naming the messengers. When Cicero changes to the active voice he has already established anonymity: "they" explain (demonstrant) and promise their support (pollicentur).
21 praediorum ... fundos Here praedium = fundus
22 Tiberim ... tangunt Location, location, location
24 splendidus et gratiosus splendidus is to an equestrian what amplissimus is to a senator; gratiosus = influential (full of gratia) (above §15 line 1).
25 perfacile Cicero is very fond of compounds with per-, as well as of superlatives
hunc ... ignotum Roscius is an easy victim for three reasons:
his natural lack of suspicion (incautum), his lack of experience in
affairs of the world (rusticum), his lack of a reputation or supporters
where these count (Romae ignotum).
26 de medio tolli posse de medio is an idiom (lit. from the middle) for "out of the way," i.e. he could be disposed of.
28 societas Business term (of tax farmers too), also political.
iam any longer; Sulla had ceased adding new names to the list
29 qui ante metuerant redirent The antecedent of qui is omitted; the relative clause stands for a noun ("the fearful," or perhaps, "the vulnerable"), subject of the verb redirent. Before (antea) the lists were closed, no one knew from one day to the next whether or not his name would be added.
defunctos < defungor (with periculis on next page line 1) (Virgil Aen. 6.83), more negative than fungor
1 nomen refertur not the same as nomen deferre (to accuse; cf. §8 line 18). referre = to enroll (in = among), usually used with a word for the place in which something is entered, e.g. in tabulas, in librum, in proscriptos (§27 line 14): L&S s.v. refero II.B.3.e.
tabulas the proscription lists
2 hominis studiosissimi nobilitatis cf. nobilitatis fautor §16 line 9
manceps technical term for a purchaser (of the confiscated estate) at public auction
3 propria predicate
4 in with impetum facit (line 6), like an invading army; cf. in praedia huius invadit §23 line 20.
6 imprudente L. Sulla imprudens = "unaware," not "stupid."
Whether or not Sulla kept himself apprised, or learnt what
happened, even after the fact, Cicero must absolve him of blame or
it would be dangerous for anyone to vote for acquittal.
Cicero reiterates the point in §25.
neque enim mirum
cum eodem tempore
et ea quae praeterita sunt reparet
et ea quae videntur instare praeparet
cum
et pacis constituendae rationem
et belli gerendi potestatem
solus habeat
cum
omnes in unum spectent
unus omnia gubernet
cum tot tantisque negotiis distentus sit
ut respirare libere non possit
si aliquid non animadvertat
cum praesertim tam multi
occupationem eius observent
tempusque aucupentur
ut
simul atque ille despexerit
aliquid huiusce modi moliantur
8 ea quae praeterita sunt ... ea quae videntur instare circumlocutions for past (misfortunes or mistakes) and future (problems)
reparet a reading which Lambinus reported; some editors prefer Rinkes' emendation sanet. But reparet balances praeparet
9 pacis constituendae rationem Sulla was reworking the constitution. The formula or pretence of restoring the government and the republic became tediously overused: cf. Libertas.
10 solus Sulla was both consul and dictator in 80; although his
friend Metellus Pius was his colleague in the
consulship (and hadn't left yet for Spain?), as dictator Sulla officially
retained sole control of the state.
11 omnes in unum ... unum omnia 1. esp. nice chiasmus; 2. meaning of spectare slightly different with each object (one requires a preposition); 3. in means "at"; 4. Cicero evidently liked this collocution so much that he repeated it at §139.
12 distentus Sulla was, figuratively, pulled in different directions = same meaning as English "distracted."
13 si aliquid non animadvertat euphemism. Usually quid appears after si, but aliquid is also permissible, especially to emphasize the existence of the something. Not the same as nisi quid animadvertat. Note mood of the verb.
cum praesertim the final circumstance, the list having been interrupted
for variety and because of emphasis by the si- clause
which, in apposition to the main clause, answers all of the preceding
circumstances. The previous cum- clauses were all
"positive" statements of Sulla's activities and responsibilities; this
final one is "negative," the affirmation that his associates take
advantage of his preoccupation.
14 occupationem ... aucupentur aucupor = bird-hunting (literally). tempus = opportunity
ut ... moliantur final, despite tam multi
16 huc cf. §9 line 8
felix Sulla's cognomen: I would like to see the word with upper-case
F, for this is surely how Cicero's listeners heard it, and
presumably enjoyed the double entendre in sicut est. Sulla styled
himself Sulla Felix, and named his children Faustus and
Fausta, because he believed that he was the darling of Fortune (or
Venus).
17 nemo potest esse To be taken only with in tanta felicitate,
which sets up the consecutive relative clause qui neminem ...
habeat.
in magna familia This prepositional phrase is not to be construed with esse but as a description of circumstance: "when he has a large family." The familia included not only family members but slaves and freedmen.
neminem modified by improbum, in apposition with servum and libertum
iste T. Roscius This is always Magnus in the speech; he refers to the other one (who has three farms and is absent from court) as Capito.
vir optimus, procurator Chrysogoni irony, early instance of insult by definition: esp. the description of the free man as the agent of the ex-slave, a reversal of expected roles.
21 paterno funeri lit. to his father's burial, i.e. to his dead father
22 iusta solvisset solvo means to pay or discharge a debt owed; in this case the necessary funeral ceremonies. Offerings and a feast (novendiale) were given for the dead on the ninth day following the funeral (the burning of the body).
domo atque focis patriis disque penatibus Three expressions meaning
the same thing, abls. of place from which with, the
tangible with eicit, the figurative with exturbat
23 iudices the position of the vocative involves the judges emotionally
24 Qui in sua re Magnus in his previous station, with only his own resources (res)
25 ut fit "as it happens." Cicero asserts that poor people are likely to be carefree with others' possessions (in aliena [re])
multa ... plura ... non pauca tricolon ending with litotes
26 de medio "out of sight;" slightly different meaning from that used of getting rid of Roscius §20 line 26
27 donabat donare takes two constructions: donare aliquid alicui, as here, the same construction as dare, or donare aliquem aliqua re
constituta auctione an official auction. A spear (hasta) was
set up to advertise the sale and there was a magistrate present to
note down the highest bidders.
usque eo with indignum signals the consecutive clause ("it seemed to them outrageous to such an extent that ...")
urbe tota a noun modified with an adjective - esp. totus - need not employ a locative preposition (A&G 429.2)
3 versabantur Here = erant (L&S s.v. verso II.B.1).
Cicero reproduces the picture with a variety of structures belonging to
a string of nominatives in apposition with multa. The first two
things are the death and the son: the change in word-order not
only produces variation but places the most important thing first in
its phrase and allows each to end with the feminine singular
superlative adjective. The relative clause interrupts the list at the
crucial chronological point: after the father's death and the
son's impoverishment, impiety is thrust upon the dispossessed heir.
Cicero then resumes the previous construction with the
important word "property" (bonorum), with its nominative and attached
adjective, and flings out four more nouns for good
measure.
5 iter a right of way
7 possessio technical term for taking possession, i.e. seizure: Cicero does not say that the town fathers object to the fact of possession, although they may, but to the manner.
8 ardere omnia omnia is subject; ardeo is intransitive
videre ... T. Roscium When the verb of sense-perception is used
in its literal sense, as opposed to "I perceive that," it is
followed by a participle, as in English. Cf. I see that he has come;
I see him coming. T. Roscium is the subject of the participles
(se in line 9 is object of iactantem); the preposition
in governs bonis in line 9.
decurionum decretum fit ut = decuriones decernunt ut (+ jussive noun clause; ut governs the following four 3rd person plural subjunctives). Cicero resumes the historical present here, also with veniunt in line 16.
11 doceant here means to inform; construction with external accusative
(direct object) of person told, thing told variously,
either with internal accusative, or with substantive clause = indirect
question (as here), or with de
12 qui ... fuerit indirect question; qui = qualis. Evidently Roscius maior did not know Sulla personally, although he was friendly with the Metelli.
14 conservatas with famam and fortunam. Note the
perfect infinitive (esse omitted) with velit; the perfect
participle is in
predicate agreement with the subjects and is a more emphatic expression
of their wishes than the present infinitive.
15 cognoscite (to the judges) "hear," the command softened by parenthetical quaeso. The text of the decree is not transmitted, merely the words indicating that it was read.
16 Intellegitur ... fieri Parenthetical reminder; cf. end of §21. Intellegitur = "of course."
scelera haec et flagitia fieri nice collocution, alliteration.
18 Chrysogonus et ipse The et = both (with following et): Both C ipse accedit and adlegat homines nobilis.
eos The decem primi from Ameria.
19 qui peterent ... et ... pollicerentur Relative final clause. Cicero does not reveal the identities of these noble people who do Chrysogonus' pleading for him.
adirent Unexpressed subject is the decem primi.
et omnia etc. The word order weaves Chrysogonus into the business
and places him squarely next to "everything." The order
of sense is [homines nobiles] pollicentur Chrysogonum facturum esse
omnia quae [decem primi] vellent.
22 Sullam doceri Cf. line 11 above; here Sulla is the subject of the passive verb; different construction of verb for variation.
Homines antiqui Subject of crediderunt in line 26. The
adjective describes their mores, not necessarily their years (L&S s.v.
II.C).
23 ceteros fingerent etc. Relative consecutive clause (characteristic),
lit. "make the rest out of (the substance of) their own
natures;" Cicero states a truism of human nature, that people imagine
that others will react as they do.
ille ... sese ... exempturum ... traditurum Chrysogonus' promise,
to erase the name of Roscius maior from the list, will free the son from
the laws governing the heirs of the proscribed, thus he promises also,
in his own name, to return the property to
Roscius. After Cicero's description of Magnus' treatment of the property
in §23, praedia vacua seems ironic, but the adjective when
used of property can mean "without any [other] owner": L&S s.v. II.D.
25 Capito ... appromitteret This is the first advice that Capito
was one of the decem primi. The verb is a hapax, coined
effectively to connect Capito with Chrysogonus. The other legates from
Ameria must have been peculiarly oblivious to the
personal relationships in their own town to trust an enemy of the deceased.
26 re inorata The decem primi may have believed that they had pled their case, but as they did not see Sulla, it effectively went unheard.
27 rem Effecting the promises
28 isti Chrysogonus and friends. The verb coeperunt governs
only the infinitives in this clause; those which follow are better
taken as historical infinitives.
lentius As it stands, the text reads, "they were doing nothing
a little more indifferently and being deceitful." Some editors
bracket nihil (thus "they began to behave [agere] a little
more indifferently) or change lentius to insolentius or licentius.
The
adverb does not make logical sense.
29 intellectum est = intellegi potest
1 vitae dative (incommodi) with insidias
sese subject in O.O. of obtinere; arbitrari continues the historical infinitives.
3 obtinere "hold on to": it is not a question of obtaining what they have already seized
de sententia The phrase usually means "in accord with their wish," but "advice" suits the meaning better here.
4 sese with contulit in line 6
5 Caeciliam ... filiam The ms. reading is Nepotis filiam; cf. §147 line 25.
quam ... nomino Same phrase as for Sulla (§6).
6 qua ... usus erat L&S s.v. utor II.A: means to enjoy someone's friendship (used of persons of either sex); cf. §15 for the corresponding noun: cum Metellis ... domesticus usus et consuetudo
8 quasi exempli causa Here, "example" means a model to follow, a common meaning of the word, although not usually with causa
vestigia antiqui offici Cf. homines antiqui above. vestigia is not usually used of something intangible, but sometimes, and then often softened (quaedam). The word does not imply that there is nothing but a faint trace remaining to Caecilia, whose sense of duty (officium), being old-fashioned, is uncontaminated by more modern notions of expediency.
9 Ea Caecilia, subject of recepit and opitulata est in lines 11-12. The sentence is well framed by Ea Sex. Roscium inopem ... opitulata est, although grammatically Sex. Roscium is object only of recepit
11 hospitique ... desperatoque Roscius, dative with the deponent
verb. Roscius was Caecilia's hospis not only because of
staying in her house, but because of the relationship of hospitium
between the two families (§15). The first -que joins the two clauses
(verbs), the second joins the two participles modifying hospiti
ab omnibus with desperato
12 factum est ut impersonal verb
14 referretur Cf. note above p.10 line 1. For in reos cf. Verr. 2.5.42.109.
17 consilium Explained by the three substantive clauses which follow (ut ... deferrent, ut ... compararent, ut ... pugnarent). The first clause explains their plan; the second two, the method of achieving their aim.
18 nomen ... deferrent to accuse formally, as in §8 line 18
de "on a charge of"
ad eam rem "for that purpose"
19 aliquem accusatorem veterem vetus in the bad sense, "an old hand," opposed to antiquus, which is a positive word. The person in question is named Erucius (§35).
20 de ea re "concerning this accusation"
in qua re refers to aliquid
21 nulla subesset suspicio Since Erucius did not hold any of the dead man's property, he would avoid suspicion of a personal interest in bringing the prosecution.
crimine ... tempore ipso abls. of means: the political circumstances (tempus) were the only point in their favor, as there was no real grounds for accusation (crimen)
22 loqui historical infinitive. The verb is followed by O.O. despite the quotation marks printed in the text.
quod "because": since the clause is in O.O. one cannot tell whether or not Cicero would vouch for the truth of the reason.
iudicia regular sessions of the law courts; quaestiones
23 condemnari ... esset oportere is the "main verb." The
first regular trial ought to conclude with a guilty verdict to signal a
return to law and order. Cicero does not admit here the possibility
that people in general may have wanted to see an acquittal
for the same reason, although he argues elsewhere that this consideration
should move the judges.
24 huic Roscius (dative with defuturos); in choosing this pronoun Cicero delivers the gossip of others from his own standpoint.
patronos Plural indicates actual attorney(s) as well as advocati.
25 gratiam influence, lit. "favor," i.e., the position of enjoying Sulla's favor, and the ability to do favors for others.
26 societate the business deal which Cicero revealed in §21.
neminem subject of the infinitive, placed last for emphasis.
27 ipso nomine ... atrocitate abls. of cause; parricidi is genitive of definition
fore ut ... tolleretur periphrasis for the future passive infinitive; lit. "it will be that he be done away with"
nullo negotio adverbial: "with no trouble"
28 ab nullo In classical Latin one usually finds nullo
(or nulla) for nemine, and nullius for neminis,
so although nullo is from the adjective nullus it stands
for the pronoun nemo
All of the last several clauses are negatives, real or implied, beginning
with verb desum. Paints rather a black picture for the
accused.
29 quem occidere The relative clause is placed first, before
the antecedent eum in line 30, to emphasize the clause of which
eum is a part: him they handed over to be murdered by
you.
cum concessive
30 vobis By its position, may be taken with both the gerundive iugulandum and the verb tradiderunt, thus reinforcing the idea of the judges' complicity.
1 A double tripartite aporia; the last of the first three questions (aut quod aut a quibus auxiliam petam is in effect one question) introduces the second set.
querar "complain" (about). The verbs (ordiar, petam, implorem) are all deliberative subjunctives.
2 quod with auxilium
deorumne ... populine ... vestramne qui The enclitic -ne
introduces alternatives. vestram, as well as the two preceding
genitives, modifies fidem in line 4. The relative has as its
antecedent the pronoun vos implied in the possessive adjective.
6 infesta In the primary meaning of unsafe.
7 sceleris Partitive genitive with Quid = what (facet) of criminality.
8 cumulant Here means "increase."
adaugent The prefix multiplies the meaning of the verb.
9 testis accusative plural
10 pecunia ablative of means
condicionem misero ferunt condicionem ferre means to offer terms
11 optet utrum ... an opto here means to have a choice,
with the alternative indirect question describing his options. A
Hobson's choice?
cervices often plural in the expression cervices dare
insutus in culleum The penalty for parricides was to be sewn
up in a sack and drowned; for further details see §70. Cicero
does not mention in this speech any of the other details, e.g., the
other occupants of the sack.
12 Patronos Established advocates; Cicero does not count himself
as one. The sentence prefaces an emotional appeal, and
commences a repeated captatio benevolentiae (cf. §9).
13 qui libere dicat, qui etc. The relative clauses of characteristic
serve both as nouns (Latin has no complimentary word for
free speaker, faithful defender; translate "he who" or "one who") and
as antecedents of the unexpressed subject of deest
16 adulescentia abl. of cause with impulsus
semel Indicates priority of time (with quoniam): "since I have once undertaken it," i.e., "now that I have undertaken it."
17 minae etc. The first two members in asyndeton; for effect, although it is not grammatically necessary, Cicero repeats omnia with pericula, both creating a chiasmus and leaving the adjective emphatically last.
18 succurram ac subibo The first verb is absolute, or one may imagine the case, or Roscius, as object. The objects of the second are the minae terrores pericula
Certum est deliberatumque Virtual passive verbs whose subject is the substantive clause omnia ... dicere (line 21).
19 quae ... arbitror Relative clause (not indirect question),
the delayed antecedent of quae is omnia in the next line,
which
Cicero places in a more prominent position. The adjective omnia
also recalls the nouns which it modified in the last sentence.
20 omnia non modo dicere etc. Another advocate might have chosen to ignore the Sullan connection, but Cicero states that he sees his only hope of victory in a daring exposure.
libenter audacter libereque The third adverb relates back both to his description of himself above (qui libere dicat) and to the exordium, especially §3 (si omnia quae dicenda sunt libere dixero ... si quid liberius dixero). The first two add extra dimensions to his self-portrayal.
21 tanta "so important," or perhaps, "so powerful;" with the consecutive clause ut possit ... adhibere
22 metus genitive with vim, placed near the end for direct
comparison with fides. Perhaps vim here is to be translated
"amount," "abundance," "quantity," as it sometimes is in other connections.
fides nominative
qui ... possit Consecutive relative clause, interrupted by subordinate clause haec cum videat
24ff. Patrem meum etc. Cicero now speaks in the person of his client, addressing his accusers.
cum concessive
25 occisum sc. patrem
26 domo mea abl. with expulistis. The verb uses a preposition
(repeated ex, or ab) rather more often than it governs a
simple
ablative.
27 ad subsellia Cf. §12 line 10.
28 hic spatial
ut aut iuguletis aut condemnetis Final clause. Roscius is the unexpressed object of the verb. The mss. add Sex. Roscium, some editors, following Lambinus, delete it.
2 C. Fimbria PW Flavius 88. Cicero elsewhere (Brutus 233)
describes his oratory as in keeping with his character (insanus
inter disertos). C. Flavius Fimbria was one of the supporters
of Marius and Cinna in 87. He was responsible for the deaths of
P. Licinius Crassus Dives and one of his sons, and the murders of C.
and L. Caesar in their own homes. In 86 Cinna sent
Fimbria as legate to accompany L. Valerius Flaccus and his army to
relieve Sulla of his eastern command against Mithridates
VI. Fimbria killed Flaccus (his motives are obscure) and took over
his command, not without some success, but at the end of
the year he committed suicide after his men deserted him for Sulla.
3 insaniunt insanissimum paronomasia.
4 in funere C. Mari Marius died early in 86, the year of his last consulship.
curasset ... ut Q. Scaevola vulneraretur Final clause. The use
of curo and the passive imply that Fimbria had the murder
attempt carried out by someone else. This Scaevola is Q. Mucius Scaevola
the Pontifex.
5 sanctissimus atque ornatissimus sanctissimus as pontifex; ornatissimus as a prominent orator and advocate.
6 ut multa dicantur final clause: "to speak at length"
7 memoria locative abl. with retinet
8 diem Scaevolae dixit The subject is Fimbria (Is, line 3); Cicero uses the proper name as object both for clarity and because he has interrupted his sentence by several lines of praise for Scaevola. Scaevolae is dative: diem dicere alicui means to accuse, to prosecute someone, by having the praetor set a date for the hearing.
eum Scaevola, who was recovering from the wound.
9 quaereretur impersonal passive: "people asked."
quid the internal object of accusaturus esset (the external
object is eum). The more usual construction is accusare aliquem
alicuius rei
tandem often used in the interrogative clause to emphasize the question mark: whatever will you accuse him of?
10 pro dignitate in proportion to his position (with satis commode in line 11)
11 hominem One difference between homo and vir is that homo can be used contemptuously.
ut causal
12 quod ... recepisset A variation on the people's shout to a defeated gladiator, "recipe ferrum!"
13 Quo sc. dicto, abl. of comparison with indignius
14 eiusdem viri Scaevola
tantum potuit possum is often used with adverbial neuters, and means "have influence," vel sim.
omnis accusative plural
15 quos with not only ab eis but also omnis
per compositionem Scaevola wanted to reconcile the Marian and
Sullan factions; that is , he was going to support Sulla. He
and three other senators were killed by L. Iunius Brutus Damasippus,
praetor urbanus in 82. Pompey captured and executed Brutus after the battle
of the Colline Gate.
16 ab eis The Marians. Thus his death at their hands prevented his saving them from Sulla. Actually, it was Sulla who decided not to negotiate, once he learnt that Cinna was dead.
19 Illud ... hoc Contrast between the ranks both of the victim
Scaevola and the intended victim Roscius, and of the
perpetrators Fimbria and Chrysogonus: the earlier case is outrageous
because of the stature of the victim, the present one
because of the baseness of the criminal, an appeal to the judges' class
prejudice.
22 defensionis genitive with indigeat, as always in Cicero's formal prose.
qui locus qui is interrogative adjective; locus means place, or point, in an argument.
23 magno opere adverbial
24 explicemus ... consideremus hortatory subjunctives
25 expositam with causam
quae res ... quibus de rebus ... quid Tricolon: tripartite indirect
question with intellegetis. Two of the three verbs are
impersonal; their respective constructions are identical. Cicero answers
the questions in order.
quantum adverbial, referring to the tres res, "there are three things, that I can count ..."
1 crimen etc. in apposition with tres res. NB crimen
is an accusation, not a crime. Cicero attributes the three things, in the
order listed here, to the three different parties to the accusation:
the official prosecutor, the T. Roscii, and Chrysogonus.
2 audacia et potentia Bad words; on audacia cf. above
§33, on potentia cf. §4 line 9. The polite word for potentia
is
auctoritas
confictionem "invention" (from confingo). A hapax in Cicero, and not used by anyone else except a fifth-century C.E. medical author.Cf. §30 crimen incredibile confingunt, and crimen commenticium §42.
3 Erucius The official prosecutor
partis accusative plural: a stage word, meaning the part or role. The word is also used of political parties (cf. §16 line 12).
4 plurimum potest cf. note on tantum potuit §33 line 14. Of the conspirators, Chrysogonus had the most power. potentia is abl. of means.
5 De hisce omnibus rebus me dicere oportere intellego Echoes
the second question of §34, quibus de rebus nos dicere
oporteat
Non eodem modo sc. me dicere oportet de quaque re
7 ideo quod cf. above §1 propterea quod
prima illa res the crimen. It is Cicero's duty as advocate to address the specific accusation.
8 imposuit he says that the Roman people imposed audacia et potentia upon the judges (vobis), but he means that the people imposed the responsibility for dealing with these problems.
9 oportet diluam as usual, ut omitted after oportet. Cf. below §42 res tam levis qua ratione infirmem ac diluam
vos et resistere et ... exstinguere atque opprimere Answers the third question, quid vos sequi conveniat, the judges' duties. The first two of the tres res, crimen and audacia, receive short notice: the advocate should argue against the accusation, the people in charge of lawcourts should try cases against malefactors, but the problem of potentia is the most threatening of all and Cicero treats it with the prominence which he argues it deserves.
10 perniciosam atque intolerandam potentiam loaded words. Cf. §34 non est ferendum
11 primo quoque tempore quoque from quisque. With primus means the first possible, thus, "at the first possible opportunity," namely, now.
exstinguere atque opprimere copia
Scelestum also with facinus
13 eius modi The third element, a descriptive genitive replacing
an adjective, means tale, and introduces a consecutive relative
clause: quo = ut eo
quo uno maleficio ... complexa esse Cicero substitutes maleficium for facinus; the ablative goes with the verb complexa esse. Complector is usually a deponent, but here and in one other passage of Cicero cited by the grammarian Priscianus (p.797 P), its meaning is passive. L&S cite also Tusc. 5.14.40 and Fin. 3.12.41 and say that the better reading is completur
15 voltu abl. of means: "by an expression" (or look)
16 laeditur laedo is the usual verb for doing harm to an abstract idea (cf. §111 fides ... quam qui laedit), and laesa maiestas, and divinities. Other verbs (noceo, saucio, vulnero) not so used in classical prose.
pietas proper feelings. Pietas includes both duty and affection, especially towards parents, country, political allies, deities.
17 in eum in = against. English idiom is "for him."
pro quo for/instead of whom
mori ipsum ... iura ... cogebant duty (iura divina atque humana)
was forcing (or should have forced) the child (ipsum) to die to protect
his parent. The use of indicative in unreal conditions is regular when
the verb involved has the meaning of possibility,
likelihood, or duty: A&G 517b&c.
20 auditum sit "heard of"
21 numeretur is counted as, or reckoned the same as
tandem with quibus (argumentis); cf. §33 line 9
22 uti infinitive dependent on oportere, dependent in turn on censes
23 in crimen vocetur lit. is summoned to a charge
ostendere depends on oportere, assumed from previous sentence. Its objects are audaciam, mores, naturam, vitam, omnia. Cicero's characterisation of such an accused focuses on both character (audacia, mores, natura) and evidence of character as seen in actions (vita, omnia). The length of the list is excessive, although the alliteration is vitam vitiis is nice. This kind of argument - that previous evidence of a depraved character or misspent life is necessary to accuse someone of a heinous crime - was, with its opposite, commonly employed in Greek and Roman law courts. No one seems ever to have reduced the idea ad absurdum, for until one has committed even a minor infraction, one's purity of character is infinitely (mathematically speaking) removed from the possibility of conceiving of such a deed.
25 omnia ... profligata omnia is often used as a noun. Here it means every aspect (of his life).
26 Quorum ... nihil Erucius has evidently cited none of the usual arguments of character assassination just rehearsed.
in Sex. Roscium ... contulisti in aliquem conferre aliquid means to ascribe something to someone
ne obiciendi quidem causa lit. for the sake not even of reproach
(the English idiom is not even for the sake of). Cicero has
offered the first point of his refutation: how could Roscius be guilty
of parricide when his accusers have not even attributed to
him a depraved character? (Since all agree that parricides are rare
and monstrous.) This is an early example of one of Cicero's favorite tactics,
accusing his opponent of an imperfect grasp of the principles of oratory
or logic, or of misjudging or insulting the audience (§§44, 48,
50, 89).
Qui = qualis
29 nequam indeclinable adj., with hominibus
inductus "incited," (L&S s.v. II.B.2) here used absolutely
Annos natus maior quadraginta natus + accusative (so many annos) = so many years old; with maior one expects the ablative annis, but does not always find it.
30 Vetus videlicet sicarius vetus again, cf. §28 line 19
1 versatus from the deponent form (L&S s.v. verso II.B.2)
ne dici quidem part of a puzzling sentence, lit. "but you heard this not even said by the accuser." It is difficult to hear something which was not said; English idiom would put the "not even" with the verb "to hear." The difficulty vanishes if one translated dici "mentioned."
2 Luxuries fifth declension form; followed by luxuria in line 4. Same phenomenon in § 75. L&S say ablative of 5th decl. is doubtful.
nimirum ironical.
3 aeris alieni aes alienum means someone else's money (a debt)
4 impulerunt its object is hominem in line 2. Extravagance, debt, and the desire for more of the same are often encountered in Ciceronian argument as motives for violent crimes.
purgavit usually wants an object.
5 ne in convivio quidem ullo fere Erucius had argued that Roscius'
almost total avoidance of parties was evidence of an
unnatural character; cf. §52.
6 debuit In its original sense: he had no debts.
cupiditates porro etc. Cicero cannot directly refute a charge
of having cupiditates, so he argues from character, habit, and
likelihood (lines 8-9 quae vita etc.). This is an ethical argument.
Cf. §75.
quae interrogative adj. with cupiditates
8 in agro colendo gerundive construction
obiecit here means imparted (L&S s.v. II.A).
11 Patri non placebat? Perhaps one of the times when he shouted? (cf. his criticism of his own earlier delivery)
12 eam sc. causam
13 perspicuam so that there would be witnesses to it
ut correlative with sic in line 15: just as that (illud = the following statement, mortem ... causis) is unbelievable, so is this (hoc = odio ... necessariis) not likely (veri simile).
Nam ... necessariis Cicero argues two points at once: (1) Roscius
needs a motive. This is supplied: his father didn't like him.
(2) His father needs a motive. The two parts of the sentence balance
each other, the prepositional phrases at the end arranged
chiastically:
1. mortem - verb - patri - a filio - sine plurimis et maximis causis
2. odio - verb - parenti - filium - sine causis multis et magnis et
necessariis
There is also variety: odio (final dative), not the subject
(filium), takes first position in the second clause, not only for
emphasis, but to preserve the order set out in the first clause. In the
second clause, causis precedes the adjectives; its adjectives balance
and exceed those of the first clause (plurimis-multis, maximis-magnis,
+ necessariis).
15 odio fuisse parenti filium double dative: the son was an object of hatred to the father
18 in unico filio Roscius maior had two sons, but one predeceased him (lines 25-26 below).
qua re ... displiceret Relative consecutive clause (qua re is ablative of cause).
19 perspicuum est The phrase serves as a reminder of the causam perspicuam above.
nullum sc. vitium
20 is Roscius maior
21 constantissimus "steadfast," i.e. "together," "consistent," the opposite of amens
perspicuum The second use in three lines, with same meaning;
as Cicero has defined the premise, if neither condition is
justified it cannot stand. The Greek equivalent argument is not linguistically
equivalent, as the operative word is eikos.
23 neque fuisse The apodosis, subject of perspicuum est
patri ... filio datives of possession
26 omni tempore lit. at every time (all the time).
27 relegarat sent out of the way (to get rid of him). Used of
a form of banishment in imperial times. Examples, e.g. Off.
3.31.112 (Manlius Torquatus), Seneca Ben. 3.37, Val. Max. 6.9.1.
Quod Erucio accidebat "What happened to Erucius": explained in the next sentence. Proleptic
28 idem neuter, antecedent of Quod
usu venit "It happens" (L&S s.v. usus II.C.2) = accidit
29 quo modo introduces a final relative clause; translate as if it read ille non inveniebat modum ("means") quo confirmaret ...
30 res tam levis accusative. The longer second half of the sentence
balances the first, with slight variation:
Ille - quo modo - crimen commenticium - confirmaret - non inveniebat
Ego - res tam levis - qua ratione - infirmem ac diluam - reperire non
possum
qua ratione = quo modo, same construction
infirmem (verb) opposite of confirmaret; Cicero adds diluam for good measure
relegationis ac supplici gratia gratia (abl.) = causa (abl.) + preceding genitive. relegatio apparently rather rare word.
4 hoc ... optatissimum in apposition with filios ... consumere
familiae instead of formulaic familias; cf. §48 line 17.
5 illius ordinis Property owners: Cicero describes the hopes and ways of thinking of the pillars of Italian communities.
7 operae ... studique partitive genitives with plurimum
sic "under such conditions" (described by the two final clauses which follow).
9 tantum modo "only" (with aleretur): his only wages would be his keep, like a slave
commodis omnibus profits; abl. of separation with careret
10 hunc subject of both praefuisse and solitum esse
colendis praediis dative with praefuisse
11 certis fundis abl. with frui
patre vivo abl. abs. This was a mark of great generosity: sons could own nothing while their fathers lived.
12 tamenne consider the effect of -ne as num
rusticana with vita, which is in apposition with relegatio
and amandatio. Modifiers of vita both separated from the
noun by
something (haec a te vita eius rusticana): looks rather like
a pyramid, or, better, a palindrome. But eius is emendation of
Vahlen (app: a te vita et y2, attente vita et cett.: attenta vita et
Naugerius)
amandatio hapax legomenon
14 Quod ... quod ... quod tricolon crescendo with anaphora and
a triple pair of opposites: consuetudo-novum,
benivolentia-odium, honoris causa-supplici causa. Compare the tricolon
with anaphora which ends the next sentence.
usque eo ... ut lit. "you do not have what you might accuse (quid argues is final relative clause) to such an extent that ..."
19 tibi dative of agent with dicendum
non modo only with contra nos
verum etiam variant for sed etiam (NB see below lines 24-5: non enim ... sed); another possibility is sed alone (§48 line 16)
20 contra ... contraque ... contraque The final two parts of the tricolon have the same number of syllables (11; the first has 7) but in different meters.
22 At enim Introduces the objection which Cicero imagines will come from his opponent.
cum Concessive: although there were two sons, the treatment of
each was quite different; one might have expected the father
to share city-time and country-time equally. [Perhaps the other one
was weak, idiotic, sickly? And perhaps Roscius really
preferred to stay home on the farm.]
23 hoc what follows (this sentence)
24 in bonam partem "without offense"
non ... causa sed ... gratia variation. Cicero's cue to the audience
that an insult is coming. The insult to Erucius' paternity is
somewhat mitigated by the slight compliments to his intellect and intellectual
attainments.
26 patre certo abl. of source/origin
ex quo introduces final relative clause
qui = qualis
27 humanitatis Not humanity in the sense of kindness, but a human nature (not education, which is not in nature's purview).
28 eo "to that," i.e. not to the human nature per se, but to the fact of nature's having given him humanitas
29 Ecquid Interrogative adj., here = num
30 ut veniamus final clause, lit. "to go to the stories" for an example
Caecilianus adj. "of Caecilius," the old man in a play of Caecilius.
The play is lost, but presumably the father esteemed the son
who stayed in the country. Cf. the Adelphoe
minoris genitive of value, with facere. When Cicero avers
that fathers keep their favorite sons on the farm, he repeats the
construction as a reminder: §47 suos liberos quos plurimi faciunt
2 nam ... est The parenthetical comment is an apology for citing
an instance from literature. Cicero indubitably knows the
names perfectly well but does not want to seem too much of a devotee
of the arts. Cf. istas ineptias in line 4. Allusions to
comedy, at least, are the least "intellectual" and most familiar to
any audience at Rome, as Cicero states below, lines 9-10:
nemo vobis magis notus futurus sit quam est hic Eutychus. Cf. Cael.
36-38.
hoc nomine abl. of description
alterum ... alterum Recalls Cicero's citation of Erucius' argument in §42.
5 quamvis multos quamvis with adjs. (most of the examples
in L&S are taken from Cicero) may be rendered quam [here,
multos] quam vis, "as many as you will," "very many."
6 ne longius abeam final clause; answers Quid ... abis in line 4.
tribulis ... vicinos with multos. Tribules are members of Cicero's tribe (tribus Cornelia for Arpinum).
7 agricolas adsiduos Adjective for adverb
8 sumere "to mention," infinitive used as noun, subject of odiosum est
cum Causal: Cicero gives three reasons (et in lines 8, 9, 10), only the first of which actually explains why it is "odious" to name real people.
9 velintne ei etc. indirect question. This is a real -ne
10 futurus sit First periphrastic future: Cicero uses the future as if he were making his choice of example on the spot.
quam est sc. vobis notus
ad rem to the point
11 comicum The young man is comicus because he appears in a play: the adjective means "from a comedy."
12 ex agro Veienti Territory N of Rome in southern Etruria, named
for the old Etruscan town of Veii, which the Romans
destroyed in 396 BCE.
Etenim Adds a further reason, and a further apology for the literary allusion.
haec conficta esse ... effictos nostros mores Cicero employs
two compounds of the same verb, each with slightly different
meanings for "rendered fictional": the first means "fabricated," the
second "portrayed."
ut ... videremus final clause, although also subordinate clause in O.O.
14 expressamque imaginem exprimo here means "represent,"
i.e. about the same thing as effingo, as if the poets were
sculptors.
16 in Vmbria et in ea vicinitate Ameria in Umbria, where Roscius lived, or used to live (§15)
his veteribus municipiis Towns closer to Rome. There is no negative connotation associated with the adjective here. The towns are long-established and the people in them are old-fashioned.
17 quae studia ... laudentur Indirect question, not characteristic.
familias Old genitive, in the expression pater familias
18 te subject of dedisse in line 19
inopia ablative of cause
19 vitio et culpae final datives; cf. probro et crimini in line 23
20 voluntate ablative of specification ("in accordance with")
permultos sc. hoc facere, O.O. after novi
et ... et Both (ego) and (unus quisque vestrum, line 21)
21 vestrum The judges; partitive (opp. to subjective) genitive
et ipsi et means "both;" the "and" is the -que
at the beginning of line 23. The distinction is between those judges who
are
themselves fascinated by farming (qui et ipsi incensi sunt) and those
(who are not but) admire the occupation anyway (vitamque
... arbitrantur is equivalent to qui et ipsi vitam ... arbitrantur).
22 studio instrumental abl.
ad agrum colendum = ad agriculturam
23 quam [vitam] ... esse esse with oportere, in O.O. after putas
26 his propinquis eius Roscius' neighbors, who, on the evidence of the demonstrative, are in court to support him.
27 audio With Vt ex his etc. from the preceding line
non Position is emphatic before the pronoun, which is also emphatic by its inclusion.
in isto artificio accusatorio artificium here in the bad sense which artifice has in English; elsewhere Cicero compares artificium and eloquentia (cf. Horace ars and ingenium): de Or. 1.32.146, or artificium and legal perspicuity (de Or. 2.19.83); cf. Auctor ad Herennium 3.2 (artificium and prudentia). Accusatorius is found primarily in Cicero, sometimes in Livy, Quintilian
1 Chrysogono dative with ita videtur, "thus it seems best" (other examples in L&S s.v. video 2.B.7.c)
2 obliviscatur ... deponat Jussive subjunctives dependent upon licebit, after which the ut is omitted, as often.
3 Quod "which thing," viz., forgetting his craft and setting aside his enthusiasm for farming.
4 per vos The judges as instrument: cf. §62 line 5.
vitam et famam Cicero wants an acquittal on the murder charge; he does not ask for restitution of property, as he argues in the second part of the sentence.
5 hoc vero Cicero interprets the possible results of Roscius' agricultural activities as ironic tragedy.
et "both," with venit; the accompanying "and" is the second et, with coluit in line 6.
7 quod = the fact that. The two reasons given are virtually
equivalent: the farms are profitable (propter bonitatem) because
Roscius managed them so well.
ea praedia
id erit ei maxime fraudi Double dative: ei (Roscius) is dative of reference, fraudi is final dative (its meaning here is "injury," not "fraud"); id = the substantive clause ut parum etc. which follows.
ut parum miseriae sit parum est means it is insufficient; the expression is often, as here, followed by a clause with nisi. miseriae is partitive genitive with parum
8 quod ... quod the fact that. The first substantive clause (quod
... sibi) is the subject of sit, and in apposition with parum
miseriae; the second (quod omnino coluit) is subject of fuerit
aliis ... sibi datives of advantage. The others are those who, after his father's death, took possession of the farms which he had managed too well.
9 omnino Used here in a positive grammatical construction (despite
nisi), but with a very negative connotation: that he took
care of the farms at all, even if not superbly, has turned out to be
to his detriment.
crimini final dative
esses for fuisses; this is a past unreal condition.
By using the imperfect subjunctive Cicero makes Erucius' putative condition
more immediate, rather like using the historical present.
illis temporibus The good old days (from the expulsion of the kings), if they ever were, did not extend much into what we call the second century BCE.
11 arcessebantur sc. ei, antecedent for qui
qui consules fierent final relative clause
12 qui ... putes [You} who think: relative clause of characteristic
13 illum Atilium "That famous Atilius." Exactly which one Cicero
means is not clear, evidently an Atilius Serranus (or Seranus or
Saranus: cf. Cicero Sest. 72 ille Serranus ab aratro,
Virgil Aen. 6.844 te sulco, Serrane, serentem), whose first
name is
variously given as Marcus or Gaius, if it is given at all, as it is
not in Val. Max. 4.4.5. The ancients connected this branch of the
family with the Atilii Reguli, and many people identify this Atilius
with C. Atilius Regulus, cos. 257. See RE s.vv. Atilius 47 and
57-71. Similar stories are frequent in Roman history; the summoning
of Cincinnatus is probably the most familiar. Cf. Juvenal
7.80, Symmachus Ep. 1.58(52), 5.68(66).2, 7.15, Claudian 18.454,
8.413-415, Rutilius 1.556-558, Sidonius Ep. 8.8.2.
quem ... semen Atilius: the relative quem and its modifiers are the object of convenerunt in line 14.
qui missi erant Periphrasis for messengers, refers to the subject of convenerunt
14 hominem ... inhonestissimum Apposition with illum Atilium;
the adj. inhonestus in Cicero, poets, post-Aug. prose.
Reductio ad absurdum.
15 iudicares potential subjunctive
maiores Citing the opinions of the ancestors was similar to the
later practice of quoting the Bible, or the Greek habit of using
Homer's authority.
longe aliter sc. ac tu
16 itaque The -que joins existimabant and reliquerunt in line 18.
17 ex minima ... florentissimam The usual claim.Cicero makes a logical connection (itaque) between admiration for and devotion to hard work and the greatness which results. minima = parvissima (a superlative found only in Lucretius and Varro).
maximam et florentissimam sc. rem publicam. The opposites of minima and tenuissima, respectively.
18 suos enim etc. Comparison between the ancestors and the present generation.
19 quibus rebus abl. of means. The three following abls. (agris,
urbibus, nationibus) are taken with auxerunt: they
enriched the republic with land, cities, entire nations: the accretions
to empire are listed in order of increasing territorial size.
20 rem publicam ... nomen Tricolon crescendo
23 sed ut illud intellegatur The real reason, given in a final clause; illud = the following.
cum causal, with consumpserint in line 26
24 omni tempore Recalls the phrase used above (§42) of Roscius maior and the other son. Here Cicero contrasts the ancients' obligation (debebant) to affairs of state which they occasionally interrupted (aliquantum operae temporisque line 26) with attention to their agricultural work.
25 ad gubernacula rei publicae sedere lit. to sit at the helm. Frequent metaphor
27 ignosci oportere ignosci with oportere, in O.O. after intellegatur in line 23: Cicero repeats the construction of §48 vitamque hanc rusticam, quam tu probro et crimini putas esse oportere.
ei homini dative with ignosci; "that man" = "any man," followed by a consecutive relative clause (characteristic) qui se fateatur (although this is still part of O.O.).
28 cum ... cum causal (although still in O.O.)
29 nihil esset quod ... posset Tricolon crescendo. Cicero changes to secondary sequence when he changes subjects.
opinor Cicero states not an agreement with Erucius' position, but his understanding of the argument used.
2 patiebatur The subject is assumed from the subjective (or possessive) genitive patris in line 1.
Numquid Expecting a negative answer: "There isn't anything else, is there?"
3 inquit Cicero addressed Erucius directly in the earlier sentence,
now the opposing attorney has become third person. Cicero
frequently engages in imaginary discussions with his opponents, for
which he supplies the opponents' lines, the better to refute
them. Cf. §40. Most famous example of switching between second
and third person is Philippic II.
istum Roscius (also in line 8). When the prosecutor speaks to the defending attorney, iste means your client, the defendant.
4 nunc dicis aliquid etc. Cicero allows that this line of argument is relevant, as it might supply a motive.
5 nam illa Namely, the quotations from Erucius to follow, which even Erucius - tu quoque - is made to concede are levia, inepta and (line 10) nugatoria
6 convivia Evidently the elder Roscius attended quite a few. Convivia are more likely to be given in the city than in the country, hence the relevance of the next statement.
7 Quippe, qui etc. "of course, since he ..." qui-causal
ne in oppidum quidem Roscius almost never (perraro) went
even into town (Ameria), let alone into the city (Rome), as he
states in line 9.
8 Domum suam acc. of destination with vocabat
non fere quisquam means almost the same thing as nemo
9 qui causal
revocaturus esset To invite in return: very rare in this sense (L&S s.v. II). The periphrastic future means that he was not about to return invitations, esp. as he could not, living as he did on a farm in Umbria.
illud The intention to disinherit, mentioned in lines 3-4.
11 coepimus Absolute here; needs an infinitive to complete its meaning.
videamus Hortatory
quo abl. of comparison
odi genitive of odium, objective genitive after argumentum.
The odium is still that which Erucius argues Roscius maior felt
towards his son: for a Roman to take away family property from his
only surviving son is evidence indeed of extraordinary
loathing, as Cicero argues in lines 16-20.
13 Mitto quaerere quaerere is the object: "I omit the
question," i.e. "I do not ask." Although Cicero is justified in seeking
the
source of Erucius' knowledge, the question which he does not ask is
a valid one, which he does, in a way, address below.
More to his point, he takes Erucius to task for not giving adequate
indication of the elder Roscius' reason(s).
qui adverb: "how"
tametsi usually means "although," but without a correlative clause, as here, means "and yet." Cf. §56 line 12: tametsi ... tamen
14 erat ... officium it was, i.e., ought to have been, the duty. Compare the use of indicative in unreal conditions, e.g. with debere.
15 certi reliable (L&S s.v. certus II.A.2)
explicare infinitive as noun, in apposition with officium
16 quibus [vitiis ac peccatis] with incensus
17 ut duceret etc. Final clauses; tricolon. NB animum inducere
means to resolve. Parens (understood), not animus, is the
subject of the following verbs.
18 ut denique The last clause is most important, and effectively concise.
19 quae The three things in the preceding ut-clauses. Quae is subject accusative of potuisse accidere
21 cum taces cum + indicative present = "while," or often,
= si in a simple condition: If you are silent, you grant that these
things are nothing.
illud i.e., voluisse (as a noun)
23 adfers offer as reason: L&S s.v. affero II.C.
qua re abl. of cause, refers back to quid, as if quid were quam rem
24 finge aliquid saltem commode lit., "at least make up something appropriately." English idiom would have commodus with the pronoun; Latin modifies the verb. Cicero reiterates his allegations that Erucius' case is fictitious (§§30, 35, 42) and that the prosecutor is incompetent into the bargain.
ut ne = ne
25 fortunis et ... dignitati Datives with inludere. Cicero's attack on the prosecutor allies the jury with the defendant.
26 inludere dependent on videaris, and explains id facere. Verb apparently in Cicero, poets (incl. Plautus), post-Aug. prose.
28 Cogitabat No real answer to "who stopped him?", only a dodge;
i.e., no one had an opportunity to stop him because he
was still thinking about it.
29 Quid est aliud ... abuti "What else is abuse [lit. to abuse]," followed by nisi ... accusare etc.: "if it isn't to accuse in this way ..."
iudicio, legibus, maiestate abls. with abuti. The judges have maiestas, which properly belongs to the Roman people, because of their official function as representatives of the state. Note progression from least (law-courts) to most important (maiestas), with laws in the middle.
30 ad quaestum etc. for profit (ad + acc. to express purpose). Add libido and you have "for fun and profit."
31 id obicere lit. "to reproach this thing," internal accusative:
i.e., to make this reproach. The infinitives accusare atque id
obicere are in apposition with abuti
non modo non possis etc. 1. The subjunctives (possis, coneris)
are due to the consecutive relative clause (characteristic).
2. The negative of non modo (or non solum) ... verum
(verum etiam, or sed etiam) is either (mss and edd vary):
a. non modo non ... verum ne ... quidem: "Not only [are you]
not [able] but [you do] not even [try];" Cicero uses another
variant of this type, non modo nihil ... sed ne ... quidem in
§79, or
b. non modo ... verum ne ... quidem, which means the same thing,
even with the extra non omitted.
3. The second person singular verbs are generalising, not addressed
directly to Erucius. It is plain from maiestate vestra that
Cicero is speaking to the judges.
2 quin As usual after nemo est. It is best to translate "There is no one who ..."
tibi dative of possession
inimicitias The plural is usual in this usage, a t.t. in Roman political jargon for a person enmity. While in a modern law-court judge and jury might be suspicious of someone who prosecutes out of personal animus, in the ancient world the situation was the reverse: since there was no state-supported office like that of attorney general, individuals brought suit on behalf of the state. When one did not have a personal interest in the crime it was not usual to bring such a charge for purely altruistic reasons: one must either have a grudge against the accused (many examples, also from the Greeks: better cite same) or expect to profit in some way, as, for example, Julius Caesar and many another entered public life by prosecuting some well-known individual.
3 huic inimicus venias inimicus is the adj. here and takes the dative; venias means to come into court.
5 Ita ... ut correlative. Ita modifies cupidum esse in a limiting sense.
quaestus genitive with cupidum
6 legem Remmiam A law against false accusations: Lex Remmia de calumniatoribus. L&S s.v. Remmius quotes the scholium to this passage on this law: qua, qui calumniabatur, damnabatur, si crimen approbare non poterat. A person convicted under the law supposedly had the sign K (for Kalumnia, deliberately [sciens, line 15] false accusation) branded on his forehead. See the end of §57.
aliquid adverbial with valere: have some force, or authority.
9 audacia Subject in emphatic position
ita est utile ut ne ... inludamur Cf. note to line 5 above; a
limiting relative clause. Cicero reminds his listeners again, with the
same verb as in §54 (inludere), that he regards Erucius'
accusation as frivolous; in the next sentence but one he uses ludificari
(line 14). Again, a verb in Cicero, the comic poets, post-Augustan
prose (not much), once in Sallust.
11 abest ... non caret Chiasmus with variatio.
tamen 2 Resumes verum tamen ("notwithstanding") after interruption by the concessive clause quamquam abest a culpa
12 tametsi "although," frequently with tamen, as here. Cicero hedges his whole statement with concessions.
hunc = quispiam, the innocent person (about whom I'm speaking) caught in suspicious circumstances, not Roscius
13 possim aliquo modo potential subjunctive, with another hedge: indeed, a double hedge, the potential and the manner of it
Cum enim causal, the explanatory clause
14 criminose ac suspiciose dicere These adverbs are not as pejorative
as they sound: criminose means not "slanderously,"
merely "reproachfully," and suspiciose means "in a way to arouse
suspicion." I.e., "he can claim that there is some basis for an
accusation or suspicion," even though the accused be innocent.
aperte ... et sciens non videatur At least the calumny, if it
is that in such a case, is not patent and deliberate. The excursus on the
role of the professional accuser in the state will lead to another attack
on Erucius' insulting lack of preparation; cf. finge
aliquid saltem commode §54, neglegentiam eius §59.
17 potest ... non potest Apodosis of a future condition can be
any form implying the future, or an imperative, or a verb of
necessity, probability (as here), etc.
nocens a guilty person
accusatus fuerit future perfect passive, fuerit for erit
18 utilius est In apposition with the infinitives, a reminder of where he began (utile est line 9) before he compares the accusers to animals set on guard.
absolvi innocentem ... nocentem causam non dicere Chiasmus with variatio: in saying nocentem causam non dicere and not, e.g., nocentem non condemnari, Cicero varies the idea as well, for to be brought to trial (causam dicere) is not the opposite of to be acquitted.
19 cibaria subject of locantur ("are contracted out")
publice ("at public expense"). Ever since the sacred geese warned
of the
Gauls about to gain the Capitoline in 390 BCE, the state maintained
the geese and let out a contract for their food. Although
there were guard dogs on the Capitoline as well (canes aluntur),
on the famous occasion of the Gallic siege the dogs, according to Livy
5.47, did not hear the Gauls climbing up.
20 ut significent final clause, replaces the apodosis of the future more vivid condition (si venerint is future perfect indicative).
21 fures internoscere The verb is not common, in Cicero and early poets; the persons or things to be distinguished are usually supplied specifically or by the context. Here, the dogs cannot tell which humans are thieves and which are not.
22 si qui qui for aliqui (plural) after si. Cf. cum ... aliqui venerint line 22.
23 tametsi ... tamen Repeats the construction which he had used
of the accusers (lines line 12), thereby drawing them into his
comparison with the beasts.
in eam partem The expression is not unlike our own: they err
on the side of caution (lit. "they transgress into the part which is
safer").
24 luce "solitarium" in Cicero, poets (esp. early), Livy once
25 salutatum supine, to express purpose with venerint
eis (the dogs) dative of disadvantage
26 suffringantur Hapax legomenon for Cicero, and not often found elsewhere.
suspicio here means reason for suspicion
27 ratio the situation, or case, of accusers, not their reasoning
vestrum The accusers, not the judges
28 anseres ... nocere non possunt Cicero betrays little barnyard experience: geese can attack people viciously. But that ruins his point.
29 Cibaria Subject of praeberi, parallel with cibaria locantur above.
30 impetum facere with in eos, means to attack, a military
term usually. Here it must be equivalent to "bite," as an attacking
dog.
1 Hoc ... gratissimum Cicero gives the professional informers
a catechism: it is best to attack those who deserve it (qui
merentur), actual criminals, or at least those for whom one can make
a reasonable case (cum veri simile erit).
2 cum veri simile erit cum + indicative future used for future time, in keeping with the future condition si voletis ... latratote (the future imperative) to which this clause is appended.
3 commisisse sc. some crime; committo is not usually used absolutely.
4 sic agetis ut "you will behave in such a way that" + consecutive clause
aliquem patrem aliquem is subject, patrem object, of the infinitive
5 neque = et ut non
6 latrabitis also part of the protasis: sin ... sic agetis ... ac ... latrabitis
vobis dative of disadvantage, in the same expression as that used for the dogs
7 hos the judges
litteram illam "that well-known letter," the letter K, object of adfigent: see note to legem Remmiam in §55.
8 cui sc. litterae, dative with inimici (adj.)
usque eo with inimici, signals the consecutive clause
Kal. Kalendas (with omnis). The point is twofold: the abbreviations for Kalends and Kalumnia both begin with K, but also the Kalends was the day when debtors had to pay their interest.
9 ad caput adfigent branded, if Cicero is accurate. Clearly he means that anyone so marked will be easy to recognize in future.
neminem ... accusare accusare is used in both its senses here, "to accuse" (of a crime) with neminem alium, and "to blame," "to complain of" with fortunas vestras
bone accusator Ironic
12 hisce the judges, with dedisti supplied from previous sentence.
13 qua ... debuerit Indirect question dependent on nemo dicit
14 Planum fac "Prove it."
15 non sc. some verb of saying, e.g., dixisti, on which
the three indirect questions (clause beginning quicum ... quem ... unde)
depend.
quicum = quocum
istud with suspicari; the second person pronoun marks the suspicion as the accusers' alone
16 vobis ... in mentem venerit The expression in mentem venire,
"to come to mind," is followed by a dative of the person to whom the thought
occurs and either a genitive of the person or thing thought of or, as here,
an infinitive. Literally, "it came to
mind for you to suspect this." The expression recurs in §§59,
74, 95, 105, 122.
cum ... accusas cum means when; indicative present is used for a temporal statement only
17 quid acceperim indirect question; what Cicero says that Erucius received was his pay for prosecuting
18 quid dicam deliberative subjunctive, also an indirect question
unum illud that one thing, viz., quod Chrysogonus aiebat
19 neminem ... futurum ... neminem esse O.O. attributed to Chrysogonus.
isti dative, refers to Roscius
20 verbum facere means dicere, but rather more emphatic when used with a negative
21 hoc tempore A reminder of Cicero's original claim that the
current political situation is a disadvantage for his client (§§1,
6,
28)
haec te opinio falsa ... impulit te is the object; its
position between the noun and its demonstrative adjective emphasises both
the origin of the misconception (opinio falsa is written as
two words, but is one idea) in Erucius' mind and the effect which his
belief had on him.
22 verbum fecisses Cicero uses the phrase for Erucius which he had made Chrysogonus use of some other, or rather, the lack of another.
23 quemquam quisquam (anyone) is the pronoun used with
negative ideas (aliquis, or quis, means "someone" in a positive
statement). Thus Cicero states that Erucius believed that no one would
respond to his accusation.
si animadvertistis Perhaps the judges had not been paying close attention; cf. §60 for Cicero's report of Erucius' behavior.
25 Credo, ... quaesisse ... suspicatum esse The infinitives need a subject, eum, which one can supply from the pronoun eius
26 qui indirect interrogative. The men sitting with Cicero and
Roscius (in hisce subselliis) were advocati, giving moral support
but not taking an active part in the pleading: §§1-5.
num ille aut ille Cicero indicates that although Erucius asked whether one or another of the important people would speak, he expected that they would not.
28 quod antea causam publicam nullam dixerim causam dicere
above §12. The mood of the verb is explained by O.O., not because
Cicero necessarily attributes the reason only to Erucius (although, don't
you know, he could have stated it as an
independent fact in the indic.).
29 neminem eorum qui possent et solent sc. dicturum esse. The relative clause (characteristic) replaces a noun with adjectives: no one of the able and customary pleaders.
neglegens careless in his behavior; although taken with esse it is nominative because it refers to the subject of the verb coepit
30 ut commences consecutive clauses: resideret ... spatiaretur ... vocaret ... abuteretur
ei dative, with in mentem veniret; same construction as in line 16
resideret The people who argued the case were supposed to remain standing while they spoke.
1 spatiaretur The people who argued the case were not supposed
to wander about while they spoke, although some
movement was necessary to the delivery.
cui ... imperaret Final relative clause
2 prorsus (ut) introduces a summation after a rehearsal of particulars:
he began to be so negligent that he sat down, that ... in
sum, that he abused ...
consessu ... conventu abls. with abuteretur. The concessus
is only the people sitting (judges); the conventus includes all
the
participants, and onlookers.
pro "the same as": he behaved as if he were alone
3 aliquando "at last": Erucius must have prepared a lengthy oration, suitable to the alleged crime, even though his actio was lacking in dignity.
adsedit For the last time, having finished his speech.
surrexi ego Note the emphatic position of the pronoun and the
asyndeton. After the details of the last sentence, this rapid
enunciation of three verbs in a five-word sentence builds tension which
Cicero temporarily dispels by the next sentence but
renews in the following one (coepi dicere). (A great moment
in the history of oratory!)
non alius potius sc. quam ego
5 Vsque eo with antequam in line 6; lit. up to that point, before (only until)
animadverti first person singular, perfect
6 eum iocari atque alias res agere alias res agere means to pay attention to something else other than Cicero's argument: he should have been taking notes.
7 quem Coordinating relative, here replacing sed ... eum
8 pepugisset Clark prefers this spelling, although L&S s.v.
pungo give pupugi as the form for the perfect. Clark cites
Aulus
Gellius 6.9.15. Gellius says at the beginning of the chapter that many
of the ancients spelt reduplicated perfects with an e in
imitation of the Greek practice: Sic M. Tullius et C. Caesar 'mordeo,
memordi,' 'pungo, pepugi,' spondeo, spepondi' dixerunt.
9 nominavi sc. Chrysogonum
10 non destiterunt desisto takes an infinitive or ablative
usually, although many other constructions are possible: cf. the Greek
and English idiom with the participle.
qui ... nuntiarent Final relative clause followed by a long passage
in O.O. (seven infinitives), carefully arranged:
esse aliquem ... qui
aliter causam agi atque ...
aperiri ... emptionem
vexari ... societatem
gratiam potentiamque ... neglegi
iudices ... attendere
populo ... videri
The first two statements in O.O. describe the circumstances of the
trial and contain subordinate clauses of different types. The
last five are simple statements: the first two refer to the activities
of those whom Cicero identifies as the malefactors, the last
two to the reaction of the legitimate elements in the state. These
two pairs frame the third of the five statements, the attribution
of not only gratia but potentia to Chrysogonus. Cf. §6
adulescens vel potentissimus
esse aliquem The position of the infinitive is emphatic; it is the initial est (aliquis) of the direct statement. Est is enclitic except in this position, where it means "there is," "there exists."
11 eius Chrysogonus'. Under other circumstances Cicero could have written suam, as the construction of the reflective pronoun in O.O. and other dependent constructions, e.g., final clauses, is ad sensum.
12 aliter causam agi atque causam agere (here in the passive) means to conduct a case. aliter atque = "otherwise than": atque is more common than quam after forms of alius; lit."otherwise and."
bonorum genitive of bona (property)
vexari pessime was being [lit. to be] abused in the worst way
populo dative with videri
16 versa (over)turned, as in having the tables turned on one
causam ... dici also in O.O. after vides
17 commode ... libere "if not elegantly, freely at any rate" (at here means "yet"): cf. §3 lines 17 and 1 (p.4), §9 lines 5-6.
quem ... iudicare Supply eum, antecedent of quem, as subject of defendi. Similarly, supply eos as the subject of iudicare. Dedi is the present infinitive passive of dedo, not the perfect active of do. Note the two imperfect tenses, representing Erucius' previous conception of the case, balanced by two presents of his current recognition: [He] who you were thinking was being surrendered you realize is being defended, [they] who you expected would hand (him) over, you see are judging (the case, on its merits).
19 veterem tuam illam calliditatem atque prudentiam calliditas can be a complimentary word but, like "shrewd," usually is not; prudentia, however, is. Here it might mean an ability to save one's neck. For the adjective vetus, cf. §§28, 39.
20 confitere imperative (as, of course, restitue in line 18); note asyndeton.
huc to the trial
ea spe abl. of attendant circumstance
venisse sc. te as the subject: this is a Greek idiom. Cicero did this above: §§52, 59: pronoun subjects supplied from preceding genitives.
quod ... futurum Explains ea spe. (quod = "that")
hic here
21 latrocinium Big word in later Latin, us. of civil strife.
22 causa ... quam ob causam In this instance, although it is hard to say how Cicero would have said "for what reason" without using the word causa, one cannot help suspecting a play on words.
ratio ... reddita non est Rationem reddere is technical term meaning "to give an account."
in ... peccatis in = "in the case of"
24 magis crebra for the apparently nonexistent comparative
25 iam prope cotidiana an observation probably made in every generation, that minor crimes have now (iam) become commonplace.
vel maxime et primum vel with superlatives intensifies = "the most ... possible" (cf. §6), lit. "It is asked the most particularly as possible, and first ..." i.e., every crime, even the most minor, must have a motive (causa malefici).
26 id = quae causa malefici fuerit
in parricidio in the case of a crime which is neither minor nor commonplace: cf. §38
27 quaeri non putat oportere Cicero frequently uses oportet, esp. after a verba sentiendi, with Erucius: §§38, 48, 51.
28 etiam cum multae causae convenisse ... videntur Description of circumstantial evidence, spatially very graphic: as if the circumstances migrated to one spot for the purpose of fitting together with each other. Note present indicative = temporal, not circumstantial, implying fact.
29 non temere creditur sc. an accusation of parricide, as subject, to be supplied from in quo scelere, a phrase which does not serve as "object" to the passive verb, but stands independently: "in the case of which crime." L&S s.v. credo II.C.2.a cite this as an impersonal passive—evidently singular. Followed by tricolon (neque [ter]) denying authority to inference, witnesses (unless credible), or the accuser's mental or oratorical gymnastics (e.g., arguments from probabile, although in Erucius' case Cicero says that he misses even these). Cf. Cicero's arguments in the Pro Caelio that witnesses and so on are not necessary, but that the case will be decided on the basis of reasoning and argument.
levi coniectura an easy inference, a trifling conjecture, as opposed to "no reasonable doubt" (as in the modern U.S. judicial system)
30 incertus untrustworthy
31 ingenio here = speaking ability
cum With following cum and tum means "not only, but also, and also" (cf. above §§38 and 39, for the same argument, of which this is a summation).
multa ... maleficia "a criminal record"
2 ostendatur necesse est ut omitted (necesse est ut ostendatur)
3 haec cum sint omnia