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XL. videto, etc. Infidelity to Sex. Roscius, represented as neglect of a mandatum, was the first aspect (c. XXXIX.) of Capito's guilt as emissary ; the next aspect (c. XL.) is infidelity to his co-emissaries, socii. A societas or association of several persons for a common object, especially for mercantile purposes, belonged, like mandatum, to the consensual contracts (§ 111); and virtually the same regulations were current for both. rem communicavit, has entered into partnership : cf. Verr. 2.3.50, socii putandi sunt quos inter res communicata est. per eius fidem, sc. datam nec servatam ; to whose good faith shall he have recourse, when he is injured through the bad faith of the man to whom he has entrusted himself? Fides takes its colour from the context, as often ; cf. § 110, istius fide ac potius peifidia decepti. Cic. de Inv. 1.71, qui saepenumero nos per fidem deceperunt, eorum orationi fidem habere non debemus.; Seneca, de Prov. 3.7, multa milia civium Rom. uno loco post fidem, immo per ipsam fidem trucidata. Note the expressive subj. commiserit, implying though he entrusted, etc. ad alienos, ad = in the direction of, towards. multa apertiora videant. One would expect intimis multa apertiora sint, or intimi multa apertius videant. etiam, with metuimus, in contrast to cavere : if we do but fear him, etc.
rei pecuniariae : pecuniary matters were the most usual object of a societas, which in such cases was called societas quaestus et lucri qui de eius scelere . . . qui goes with the first three verbs that follow ; its antecedent with the fourth. parum, with cauti and providi terret etiam, still keeps us in fear. ornatus, § 8 fin. Note the concessive sense of the participle: though adorned. flagitiis, disgraceful actions ; maleficium, crime, viz. the murder.
hoc quidem, sc. the scelus : quod, relative pronoun, but adversative, but it ; cf. § 83, quod certum est. inteUegatur, is to be inferred : see § 25. si quo de, as in de Inv. 1.41, quod simile erit ei negotio, quo de agitur. Here the object of the transposition is to bring quo (=aliquo) next to si dubitabitur . . . convincatur, impersonal. quid tandem. Supply (not sequitur, but) videtur nobis, from what follows. lanista, § 17. a gladio recessisse ; cf. § 126, ab armis recessesse. hic is put instead of iste (though not meaning the defendant) as an antithesis to ille : see § 17, note. The comparison serves to lead to the transition to Roscius Magnus, § 119.
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