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XIX. quod coepimus, sc. videre.
exheredare, etc.; the thesis of the second point in the probabile ex causa. mitto quaerere = non quaero: cf. pro Quinct. 85, mitto illud licere. qui scias, how you know the fact, as opposed to the cause of it. Id erat, would have been, in our idiom. Latin and Greek constantly state an obligation, possibility, and the like, as a kind of absolute standard, in the indic., not conditionally as we do. Cf. §§ 37, 91, 136 perditi civis erat; Plato Rep. 474 D ἄλλῳ ἔπρεπεν λέγειν ἃ λέγεις, it would have been seemly for another to say . . . certi accusatoris, genuine, sincere: the opposite to calumniator, § 55. So Div. in Caec. § 29, accusator firmus verusque as opposed to praevaricator; cf. § 83, certum crimen, § 62, testis incertus. vinceret . . . eiceret. . . oblivisceretur, etc.; sc. in disinheriting his son.
concedo, I permit; concedis, you admit, confess: cf. § 8, note on peto ... petat. ea praetereas; ea = the causes of the father's intention to disinherit the son: nulla esse, not to exist at all; see § 128. voluisse exheredare, the fact that he wished, etc. qua re, on the strength of which. vere with an emphasis, as opposed to finge. inludere, sc. by alleging what he does not profess to be able to prove. With the dative dignitati cf. § 55, illudamur: the verb in the active can take either dat. or accus. cogitabat, sc. exheredare, i.e. Oh, he was only thinking about disinheriting him. maiestate, vested in the iudices as representatives of the populus Romanus. ad libidinem, at the bidding of gain and desire; i.e. desire for gain. Ad, as in such phrases as ad voluntatem, ad nutum, ad arbitrium, etc.
inimicitias nullas esse: Cicero admits that no personal enmity prompted Erucius to accuse Sex. Roscius. Cf. Lysias, Eratosth. § 2: τοὐναντίον δέ μοι δοκοῦμεν πείσεσθαι ἢ ἐν τῷ πρὸ τοῦ χρόνῳ. πρότερον μὲν γὰρ ἔδει τὴν ἔχθραν τοὺς κατηγοροῦντας ἐπιδεῖξαι, ἥτις εἴη πρὸς τοὺς φεύγοντας: νυνὶ δὲ κ.τ.λ. i.e. formerly it was taken for granted that an accuser was prompted by personal enmity against the accused, and he was even required to state the grounds of it; but now the case is different, etc. huiusce pecunia: cf. § 30. Quid ergo est: cf. § 2, note. ita, in a limiting sense, as in verum tamen hoc ita est utile, below; tamen, i.e. even allowing that to be a proper motive, yet, etc. Your wish for gain ought to be compatible with a feeling that these men's opinion, and the lex Remmia, should have some weight. Cf. § 4, note. horum existimationem, the opinion the jurors will form about you. legem Remmiam, "qua qui calumniabatur damnabatur, si crimen adprobare non poterat." It is not known by whom or when the law was passed. An accused person could apply for a calumniae iudicium against his accuser before his trial ended; if he was acquitted, the same jury which had tried him decided the case of the accuser, who, if found to have knowingly urged a false charge (calumniari), was probably branded on the forehead with the letter K (kalumniator), and lost the right of acting again as accuser.
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