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XII. C. Flavius Fimbria (ultimae audaciae homo, Liv. Epit. 82), a furious partisan of Marius, who had played a prominent part in the massacres carried on by Marius and Cinna in 87 B.C. In 86 B.C. he was legatus to the consul L. Valerius Flaccus, whom the Marian party had sent to Asia to carry on the war against Mithridates and wrest the command from Sulla. Fimbria murdered Valerius and succeeded him in the command. Cf. Liv. Epit. 82.83; Mommsen, Rom. Hist. III. pp.306-311. nisi = but, except, is rare except in negative sentences: here quod inter omnes constat = quod nemo negat nisi, etc. Q. Mucius Scaevola, distinguished from the Augur by the title Pontifex Maximus: famous for his legal learning, and noted as a teacher of law, as an advocate, and as a man of the strictest integrity. He was murdered in 82 B.C. as a partisan of the aristocracy: cf. Liv. Ep. 86; Mommsen, Rom. Hist. III. p.336. The orator Crassus says of him (ap. Cic. de Orat. I. 180), Q. Scaevola, homo omnium et disciplina iuris civilis eruditissimus et ingenio prudentiaque acutissimus et oratione maxime limatus atque subtilis, etc. He was one of Cicero's teachers. locus est ut, as in Tusc. 4. § 1. So ut freq. after tempus est. tamen, etiam locus esset; cf. § 8, note on tamen. possunt, could be said. The subjunctive would suit our idiom, the indic. the Latin. Cf. §§ 53, 91, 94, etc. diem dixit; i.e. gave him formal notice that on a certain day he would impeach him before the comitia: cf. Halm's note on pro Mu. 36. It is unlikely that the accusation was actually brought. Accusaturus esset, why he intended to accuse him. vivere, escape with his life. quid . . . accusaturus, what accusation he was about to bring . . .; quid is accusative showing the extent of action of the verb, Roby 1094. Cf. § 145, quid tibi obsto? Livy 1.54, omnia poterat. commode: see § 9, note. ut erat furiosus, like a madman as he was. recepisset, a term belonging to gladiatorial fights. If the people cried recipe ferrum, a conquered gladiator was obliged patiently to receive the death-blow. Fimbria meant that Scaevola ought to have presented his breast like a gladiator to meet the stroke. quo, sc. dicto. quae tantum potuit, literally, which had such power, that he, being assassinated, ruined and crushed all men, i.e. his assasination had that effect. Cicero means that Scaevola's death virtually brought upon the citizens the coming horrors of the civil war, because he, if anyone, was the man to reconcile the hostile parties, and he wished to do so. quos . . . iis do not denote the same individuals; quos = the citizen body generally; ab iis = certain persons in that body. "Because he wished to save the citizen-body, he fell a victim to citizens' fury." per compositionem: cf. 136, componeretur. It is not otherwise known that Scaevola wished to mediate between the Marians and Sulla.
estne=is not? Ne=nonne; as in § 66, videtisne, and § 113, itane est? = Is it not so? These are abbreviated forms, the other clause of the question being understood: estne (an non est?) videtisne (an non videtis?). in Scaevola, in the case of Scaevola; cf. de Orat. 3.36, se calcaribus in Ephoro, . . . in Theopompo frenis uti solere. Nam, per deos immortales, quid: cf. ad Q. Fr. 1.1.10, Nam quid ego de Gratidio dicam? Verr. 2. 2. 160, Nam quid ego de Syracusis loquar, etc. In such places nam introduces an additional remark which the speaker wishes to represent as almost too obvious to be mentioned; and it indicates, not the reason of what precedes (as usually), but the reason why what precedes did not iuclude what is now added. Is this to be endured? (I do not say, to be treated as a justifiable charge, requiring a defence); for (nam) what is there in the case that needs a defence? Cf. Long's note on Cic. Lael. § 104. quae . . . contineat, on what the whole case rests. This is described in § 8, sin aliud agitur nihil, etc. quid sequi: cf. § 8, secuti, note. De Invent. 1.22, certum quiddam destinatur auditori, in quo animum debeat habere occupatum.
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