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NOTES ON CICERO PRO MILONE.

CHAPTER I.

§ 1. Vereor...timere. Vereri expresses fear springing from a sense of awe or humility; timere, fear arising from a sense of danger, or fear of punishment. Comp. Liv. xxxix. 37: 'veremur quidem vos, Romani, et si ita vultis, etiam timemus; sed plus et veremur et timemus deos immortales.'

judices. According to the recent enactment of Pompeius, eightyone judges were selected by lot out of a list of three hundred proposed by himself: this number was reduced to fifty-one by challenge on either side, of whom eighteen were Senators, seventeen Equites, and sixteen Tribuni Ærarii.

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hæc novi judicii nova forma, the present novel appearance of a court which is itself novel.' See Introduction. The ordinary court for the investigation of such a charge as the present would have been that of the Prætor whose duty it was to preside over trials for acts of violence; for the 'quæstio de vi publica' had become one of the 'quæstiones perpetuæ' since the time of Sulla. The words 'nova forma' refer to the presence of troops in the Forum.

veterem consuetudinem, 'the long-established routine :'-pristinum morem, the previous practice.'

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§ 2. non enim...stipati sumus, 'for your bench is not encircled, as it used to be, by a ring (of listeners); we are not beset on every side by the customary throng (of citizens).' Comp. Lucan, Phars. 1. 319:

Quis castra timenti

Nescit mixta foro? gladii quum triste minantes
Judicium insolita trepidum cinxere corona,
Atque auso medias perrumpere milite leges,

Pompeiana reum clauserunt signa Milonem.

nam illa...possimus, 'for those guards whom you observe in front of all the temples, though stationed there to ward off violence, still bring an advocate no benefit; so that, fenced in as we are by protectors as useful as they are necessary, we cannot even dismiss our fears without some fear.'

non afferunt tamen oratori aliquid, i.e. although the troops might be useful in preventing violence, still they could not afford assistance and encouragement to the efforts of a pleader, nor increase his fame, as the usual crowd of citizens did, by applause and other marks of approval. Obs. The emphatic words in the clause are afferunt and

oratori. See de Nat. Deor. 11. c. 63, § 158. For the use of aliquid afferre in a negative sentence, comp. de Fin. 11. c. 27, § 87. 'negat Epicurus diuturnitatem quidem temporis ad beate vivendum aliquid afferre.-pro templis. The temples of Jupiter Stator, Castor and Pollux, Peace, and Concord, were among those that surrounded the Forum.

reum, 'under accusation. According to Cicero, reus originally meant any one implicated in an action: see de Orat. 11. c. 43, § 183: 'reos autem appello non eos modo qui arguuntur, sed omnes quorum de re disceptatur; sic enim olim loquebantur.'

Quæ si...cederem tempori. The emphasis is here intended to be laid upon the word 'oppositæ :'—' and if I thought that these preparations had been made with any offensive design against Milo [rather than for his defence], I should yield to the force of circumstances.'

tradidisset...dedere. Tradere, 'to deliver over,' or consign to another dedere, 'to deliver up,' or 'resign.'

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§ 3. denuntiant, give notice of:' comp. de Off. 1. 11, 'bellum denuntiare ante et indicere.'

neque solum...hortantur, and encourage us to feel not merely composed, but even stout-hearted.'

quæ quidem est civium, 'so far as it does consist of citizens:' 'quidem' is here used to strengthen the preceding relative, and to bring out more strongly the contrast between the troops and the citizens. In Greek this effect would be produced by the insertion of kai between the relative and the verb.

neque eorum...putat, 'and there is not one of those whom you perceive intently gazing at us from every spot from which a view can be obtained of any portion of the forum, and awaiting the issue of the present trial, who, in giving his support to Milo's virtues, does not at the same time think that the decision of this day is one concerning himself, his children, his country, and his property.'

CHAPTER II.

quos... pavit, 'whom the frenzy of Publius Clodius fed upon pillage, and flames, and every species of public disaster. For this use of the word exitia, comp. Virg. Æn. vii. 129:

hæc (fames) nos suprema manebat

Exitiis positura modum.

hesterna etiam concione, even so lately as at yesterday's meeting.' This refers to a public meeting at which Munatius Plancus and other tribunes of the plebs had been haranguing the populace against Milo and Cicero.

ut vobis...quid judicaretis, 'to dictate to you the form of words in which you should give your verdict.' The person who recited the form of an oath &c. for another to repeat after him was said voce præire. Sometimes the word voce is omitted, as in the speech Pro domo, ch. 52: 'Ades, ades, Luculle Servili, dum dedico domum Ciceronis, ut mihi præeatis.'

pro vestra salute, 'in promoting your welfare.' Comp. Ep. ad Fam. v. 9: 'An verear ne qui potentissimorum hominum conspirationem neglexerit pro mea salute...' The more usual phrase is 'negligere præ' (in comparison with).

§ 4. adeste animis, 'preserve your presence of mind.' Comp. Somn. Scip. ch. 1: 'sed ille, Ades, inquit, animo, et omitte terrorem.' The phrase adesse animo is used in two senses: (1) 'to pay attention,' as in the speech pro Cæcina, ch. 10: 'is testis, ut facile intelligeretis eum non adfuisse animo, quum ab illis causa ageretur.' (2) 'to be calm and self-possessed.'

amplissimorum ordinum. By the Lex Aurelia, of which the prætor L. Aurelius Cotta was the author, (B. c. 70) it was enacted that the judges should be chosen from the three classes of Senators, Equites, and Tribuni Ærarii; but it was customary at this period to speak of the 'judicia' as divided between the two former, who are here described as'amplissimi ordines.' See Dr Smith's Dict. of Antiq. Art. Judex.

significassent, they had intimated'-declararent, they should openly express.'

§ 5. quid enim.. potest... 'What situation more troublesome, more full of anxiety and trial can be described or imagined than that in which we two are placed?' The epithet laboriosus is distinguished from miser in the second book de Finibus, c. 28, § 93: 'nec tamen miser esse, quia summum id malum non erat,-tantummodo laboriosus (troubled) videbatur.' Again, exercitus denotes less wretchedness than miser: see pro Plancio, c. 32, § 78: 'quo quidem etiam magis sum-non dicam miser, nam hoc quidem abhorret a virtute verbum, sed certe exercitus' (tried).

equidem, (contracted from ego-quidem) for my own part,' is emphatic when it occurs at the beginning of a sentence: dumtaxat, which is properly dum taxat aliquis, means, 'provided one estimates it,' 'estimating it accurately,' and so, 'only,' or sometimes, 'at least,' as in the present passage. See Bötticher's Lexicon Taciteum.

§ 6. quanquam, however.' Comp. pro Plancio, ch. 1: 'quanquam mihi non sumo tantum, judices, neque arrogo, ut Cn. Plancium suis erga me meritis impunitatem consecutum putem.'

T. Annii tribunatu... Milo became tribune of the plebs in B.c. 57, and as such was very active in opposing the designs of Clodius, and promoting the return of Cicero from exile.

non abutemur, 'we will not take unfair advantage of.' The verb abuti, like the Greek ȧπоxpâσbat, is used primarily in the sense of 'to use up,' or 'make full use of;' hence to take advantage of,' and so, lastly, 'to misuse.' Comp. pro Ligario, ch. 1: ‘ut ignoratione tua ad hominis miseri salutem abuterer.'

nisi oculis videritis, 'if you do not in the end perceive, as plainly as though you had been eye-witnesses of the fact.' In the next sentence translate si mors...fuerit, "if the death of P. Clodius should turn out to be the saving of you.' The perfect subjunctive is used in both instances with reference to the future probable effects of Cicero's own speech upon the minds of his hearers.

populi Romani felicitati. Comp. ch. 20, § 20. and 30, § 83. Also Philipp. v. 29, 'exclusit illum a republica...non solum scelus illius sed etiam, ut mihi videtur, fortuna quædam reipublicæ.'

CHAPTER III.

§ 7. eam orationem, 'that line of argument.' Comp. de Lege Agrar. 1. 7: 'prætermitto omnem hanc orationem...de periculo salutis ac libertatis loquor.' In the next clause most edd. read nostræ for vestræ; but the latter is to be preferred, because it is meant to be slightly emphatic by its position before the substantive, as antithetical to the words in senatu, in concione, &c.

tandem, (contr. from tamendem) after all,' 'I should like to know.' Comp. in Pison. ch. 24: 'si triumphum non cupiebas, cujus tandem rei te cupiditate arsisse defendes?' In Catil. 1. 1: Quousque tandem abutere' &c. The corresponding Greek word is πoté.

nempe in ea... Horatii, 'why, in that city which witnessed the first capital trial,-that of M. Horatius.' According to Livy (1. 26), the prænomen of this Horatius was Publius. He was the survivor of the three Horatii who fought with the three Curiatii, in the reign of Tullus Hostilius, and stabbed his sister Horatia at the Porta Capena after his victory over them, for indulging her grief at the loss of one of the brothers to whom she was betrothed. Having appealed from the sentence of the 'duumviri' to the 'populus,' he was acquitted by the latter, mainly through the influence of his father, P. Horatius. See Liv. 1. 24-26, and Dionys. III. 13-22. Cicero calls it primum judicium, as being the first trial in which the 'populus' decided a case of life and death. This is also stated by Dionysius (11. 22): γενόμενος δὲ θανατηφόρου κρίσεως τότε πρῶτον ὁ Ῥωμαίων δῆμος κύριος τῇ γνώμῃ τοῦ πατρὸς προσέθετο.

§ 8. P. Africanum. His full name was Publius Cornelius Scipio

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