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XXXVI. alter, Magnus ; ex ipsa caede, immediately after : cf. Tac. Germ. 22, statim e somno lavantur. ut si cuperent . . . poneret, lit. so that, if all had been wishing, he would have been placing . . Cuperent and poneret are precisely the tenses and moods we should have had if the sentence had not been governed by ut As it is, the subjunctive in poneret does double duty ; consecutive subj. after ut, and hypothetical subj. after a si-clause. This is allowed frequently when the tense is imperfect subj., as in § 119 below, and Cic. Prov. Cons. 4, civitas sic spoliata est ut, nisi Vergilius intervenisset, unum signum Byzantii . . . nullum haberent. See Roby 1521; Gildersleeve and Lodge 597. An original pluperf. subj. posuisset would have been turned into positurus fuerit. Contrast with the present passage the clause in § 91 above, ending non possent alter, Capito si diis placet expresses astonishment and indignation, as though the matter could not even be mentioned without an apology to the gods. utrum . . . credendum: Supply the alternative necne ac non, and not rather : cf. § 92. comparatum est = institutum, it was laid down as a principle : so § 153 ; de Domo sua 77, ius comparatum est. ut vel in minimis rebus . . . non dicerent, more commonly ut ne minimis quidem in rebus dicerent : cf. § 77, unus puer . . . relictus non est, note.
tertiam partem orbis terrarum, a rhetorical exaggeration. si ageretur . . . diceret, if an affair of his own had been in hand he would not have given evidence. The imperf. subj. need not imply that Africanus never really found himself so situated. His contemporaries would have said, si . . . agatur, non . . . dicat, the contingency being a possible one. Cicero, from a later standpoint, puts their pres. subj. into the imperf., with the same idea of possibility. The subjunctive in either tense is prospective, as Prof. Sonnensehein well calls it. He cites Livy 21.5.11, invicta acies si aequo dimicaretur campo (Class. Rev. 1897). crederetur, impersonal ; its object would be a dative, ei, or testimonio
quid tu? Cicero addresses Magnus direct, who had tried to interrupt him or made a gesture of indignation at the plain statement of Capito's guilt, occidendum, curarit. ne tibi desis （tibi and tua are emphasized) = you must think of yourself, not only of Capito Cf. Hor. Sat. 1.9.56, haud mihi deero. audaciter : so spelt here by Cicero (see Priscian, 15.21) for the commoner syncon. form audacter ; on which Quintilian (1. 6. 17) says, inhaerent quidam molestissima diligentiae (pedantry) perversitate, ut audaciter potius dicant quam audacter. neque accusatore mute quisquam utitur : i.e. if you are an accuser (see Introd. § 7), you ought to have spoken against Sextus in due course, and not to have sat silent by the real accuser's side. paulo tamen, at least a little more hidden ; bad though it be, yet still a little more hidden. Cf. § 8. esset, Sc. si istic non sederes. a nobis : see § 85, note.
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