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XXX. Venio nunc. The transition to the second main division of the speech ; see § 35. Cicero now turns accuser, and shows that the guilt of the murder really attaches to Magnus and Capito themselves. non cupiditas ducit, explained in the following words, nam si mihi liberet accusare, etc., i.e. if I were an accuser by inclination, these would not be the opponents whom I should choose, but alios potius, more distinguished men : cf. 91 sub fin., studio. crescere, to rise, become famous. An accusation in a causa publica was regarded as a service to the State ; and it was by undertaking such an accusation, especially against a man in high position, that young Romans tried to make a name. Cf. pro Cael. § 73, industriam suam ex aliqua illustri accusatione cognosci. Cicero speaks of the misuse of the practice, de Off. 2.49 foll. quod, adversative, this however ; as in § 118, quod ita promptum est. sua virtute, through his own merit. iam intelleges, the apodosis to desinamus and quaeramus : cf. § 48, refer . . . intelleges; § 93, quaere . . . reperies ; § 138, decerne . . . adprobabunt. certum crimen : certum = genuine; cf. § 53. suspicionibus, suspicious circumstances : cf. § 79. id facerem, sc. accusarem. id erit signi, quod, etc. The common phrases id negotii habeo ; hoc praemii ; quid consilii datis? quid hominis es? and the like, seem to show that id and signi should be joined : there will be this much proof : lit. this of proof. Cf. pro Cael. § 38, quid signi? Auct. ad Her. 4. 1, satis erit signi.
causam, motive : cf. § 40. Erucius had professed to discover one, but Cicero refuted him, and hence can say nullam reperiebas : cf. § 79, negas. istic, sc. in subselliis accusatorum, §§ 17, 87, etc. post viderimus : the fut. perf. sometimes expresses what will soon be done ; cf. Madvig, § 340, Obs. 4. palmas : see §§ 17, 100, notes. alias, as opposed to the present palma, viz. the murder of the elder Sex. Roscius, in which Capito was an accomplice. cognoscet, he shall hear of : cf. § 100, audiet. L. Cassius, sc. Longinus, who as tribune of the people in 137 B.C. introduced the lex tabellaria, which established voting with tabellae, tickets, in public trials : homo non liberalitate, ut alii, sed ipsa tristitia et severitate popularis, Brut. § 97. So Halm. There are others of the same family who may be meant : l. The Cassius of Liv. Epit. 63, who in 114 or 113 B.C. accused the orator Antonius of incest ; cuius tribunal propter nimiam severitatem scopulus reorum dicebatur, Val. Max. 3.7.9. 2. The Cassius of Sal. Jug. 32, Praetor in B.C., who invited Jugurtha to Rome. Asconius (ad Mu. § 32) takes the first of these two as the hero of cui bono ; but they may be one and the same. (Richter.) verissimum, truthful, conscientious ; often joined with religiosus, as in Verr. Act. l .3, vere ac religiose iudicare. quaerere. Asconius ad Mil. § 32 : L. Cassius fuit summae vir severitatis. Is quotiens quaesitor iudicii alicuius esset, in quo quaereretur de homine occiso, suadebat atque etiam praeibat iudicibus, ut quaereretur cui bono fuisset perire eum, de cuius morte quaeritun cui bono : often misquoted in the sense to what good end, for what purpose, as if cui agreed with bono ; cf. § 13, quibus . . bone. The literal meaning is, to whom it had been for-an-advantage.
periculum; used in reference to the accused in a causa publica (Introd. § 1), not in private suits : cf. de Imp. Pomp. § 2, Halm's note. Shakespeare, Merchant of Venice, act iv. so. 1, “You stand within his danger, do you not?
”. applicatus. The MSS. give implicitus, which needs emendation. Graevius suggested implacatus = implacabilis, unrelenting ; ad severitatem would then have to mean, to a degree amounting to sternness (cf. pro Cluent. 183 callidus ad fraudem). Applicatus is preferable, as ad follows more naturally ; given to, with a leaning to, severity. praeest quaestioni : see § 11. ab innocentia ; ab = on the side of, in favour of, as opp. to contra : cf. 104, a nobis contra vosmet ; Auct. ad Her. 2.12, a rumoribus . . . contra rumores facile me paterer dicere, I would willingly have acquiesced in speaking. illo ipse, Sc. Cassio iudice . . . iudices, judge . . . jurors. Cassianos, proverbial term for strict jurors ; as in Verr. 2.3.137, 146.
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