previous next


καὶ τὸ ἐνταῦθα (ἀδικεῖν) οὗ κ.τ.λ.] ‘and to commit a crime in the very place where offenders are punished’ is an aggravation of the criminality; ‘which is the case with perjurers or false witnesses: for where would a man not commit a crime if he is ready to do it even in the very court of justice?’ This is the argumentum a fortiori; the rule, omne maius continet in se minus. ‘Hinc P. Clodii culpam amplificavit Cicero, cum insidiis Gn. Magnum per servum tollere eum voluisse pro Milone dicens criminatus est: Insidiator erat in foro collocatus, atque in vestibulo ipso senatus’ [pro Milone § 19], Victorius. (Victorius has forgotten the still more striking Etiam in senatum venit, &c. of the first speech against Catiline, § 2.) The sanctity of the place converts theft into sacrilege. The atrocity of the murder of ‘Zacharias the son of Barachias’ was heightened by the circumstance of its occurrence ‘between the temple and the altar’ (Matth. xxiii. 35).

‘Another aggravation of an offence is, where it is attended by disgrace (to the victim); and this in proportion to its amount (μάλιστα)’. This, together with the wantonness, the unprovoked character of the aggression, is what converts a mere assault, αἰκία, into an act of ὕβρις, a wanton outrage. See Rhet. II 2. 5, definition of ὕβρις, and I 13. 10; also note on I 12. 26, p. 239. The wound inflicted on a man's pride and sense of dignity, the injury to his feelings and honour, constitute a great aggravation of the offence. ὕβρις is, τὸ βλάπτειν καὶ λυπεῖν ἐφ᾽ οἷς αἰσχύνη ἐστὶ τῷ πάσχοντι κ.τ.λ. In II 6. 2, αἰσχύνη is defined, λύπη τις ταραχὴ περὶ τὰ εἰς ἀδοξίαν φαινόμενα φέρειν τῶν κακῶν παρόντων γεγονότων η μελλόντων...ἐπὶ τοῖς τοιούτοις τῶν κακῶν ὅσα αἰσχρὰ δοκεῖ εἶναι αὐτῷ ὧν φροντίζει.

καὶ εἰ τοῦτον (ἠδίκηκέ τις)] ‘and another is, when the victim of his wrong has been his benefactor; for his offence is thereby multiplied; in that he not only does what is wrong (positive wrong, a sin of commission), but also fails, omits, to do what is right (negative wrong, a sin of omission). The last explanatory clause is thus illustrated by Victorius from Cicero's criticism of the third Stoic Paradox, § 25 ὅτι ἴσα τὰ ἁμαρτήματα καὶ τὰ κατορθώματα. Illud tamen interest quod in servo necando, si adsit iniuria, semel peccatur; in patris vita violanda multa peccantur; violatur is qui procreavit; is qui aluit: is qui erudivit; is qui in sede ac domo atque in republica collocavit: multitudine peccatorum praestat (ὑπερέχει), eoque poena maiore dignus est.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.

An XML version of this text is available for download, with the additional restriction that you offer Perseus any modifications you make. Perseus provides credit for all accepted changes, storing new additions in a versioning system.

hide Display Preferences
Greek Display:
Arabic Display:
View by Default:
Browse Bar: