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XXVIII. tam occultum, since even the accuser had nothing to say as to the particular circumstances under which it was committed. suspiciose, so as to arouse suspicion : cf. § 55 sub fin. suspicio : cf. § 8 in init. causa dicitur : see § 5, note.
reliquum est, the other alternative of the dilemma: see § 74, note on si per liberos. ut: see 28, first note. in quaestionem, here = for examination under torture. The evidence of slaves was only taken under torture in Rome. polliceantur: It was forbidden, except in special cases (cf. pro Mu. § 59), to examine slaves in order to elicit evidence against their masters ; but the master could offer his slaves voluntarily for examination. unus puer unus puer . . relictus non est, instead of ne unus quidem puer relictus est, as would be expected, in order to bring unus as the first word into sharper contrast with omnes servos. Cf. de Prov. Cons. 7, nisi C. Vergilius intervenisset (spoliationi Byzantii), unum signum Byzantii ex maximo numero nullum haberent; below § 102, ut in minimis rebus . . . non dicerent. P. Scipio, supposed (though with very little certainty) to be P. Cornelius Scipio Nasica, a grandson of Scipio Nasica Serapio (who killed Ti. Gracchus), and son-in-law of the orator L. Crassus, praetor 94 B.C. Metelle. If M. (as supplied in Halm's text) is the true initial wanting in the MSS., M. Metellus, the brother of Q. Metellus Creticus, may be meant, who was praetor B. C. 69. advocatis . . . agentibus, i.e. they were present to support his claim and act for him (see § 1) when he made the application. Similarly the examination itself had to be performed privatim, in the presence of friends and witnesses ; cf. pro Cluent. § 176. T. Roscium, sc Magnum (cf. § 119), to whom as bailiff of Chrysogonus the demand was addressed.
ne quaerendi . . . permittitur, sc. by the refusal of Magnus to surrender the slaves for examination. Quaerere or quaestionem habere de morte alicuius = to hold an investigation into a person's death: cf. pro Cluent. § 176. in caede, as sicarii ; ex caede, as sectores. (Richter.) erit in sense = licebit esse, is he not to be. dum . . . quaeratur, long enough to give time for an enquiry . . . ; dum is used with subj. when suspense and design are involved ; Gildersleeve and Lodge 572. ad hunc locum : see § 19.
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