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side by side, and not linked together by particles; so in 38. Q. Metellus Pius (cf. Arch. 26) fought in Spain as pro-consul for eight years (76— 71 B.C.). C. Memmius, one of Pompeius' best officers, and his brotherin-law (being married to a Pompeia), fought under that general against the followers of Marius in Sicily, and then against Sertorius in Spain, where he was killed under the walls of Saguntum in 75 B.C.

ut:ex quo "from the time when"; venerit, not venit, because the prosecutor's view of the fact, and not the fact itself, is indicated. Pompeius came to Spain in 76, owing to the ill success of Q. Metellus Pius, and yet for some time had himself just as little good fortune. The war was indeed durissimum for the Romans.

Karthagine: i.e. Nova (Carthagena). Karthagine esse opsessum is the correction of Madvig for K. isse possessum (see Appendix).

acerrimis iliis proeliis et maximis: note the order of the words, and cf. Arch. 3, 1. 6 conventu hominum ac frequentia.

Sucronensi et Turiensi: Sucro, a river some distance S. of Saguntum, with a town called Sucro at its mouth, where a very great but indecisive battle was fought in 75 B.C. between Pompeius and Sertorius. This was the battle at which Sertorius declared he should have thrashed the boy (Pompeius) had not the old woman (Metellus) come up. Turia is a river lying about half-way between the Sucro and Saguntum, with the town of Valentia at its mouth. Here a great battle was fought between the combined forces of Metellus and Pompeius, and those of Sertorius (Plutarch, Sertor. 19).

§ 6.

propria: see Appendix. Cf. 6, 1. 14; also Phil. 1, 5 propria Dolabellae, Pro Marc. 6 'nam bellicas laudes solent quidam extenuare verbis easque detrahere ducibus, communicare cum multis, ne propriae sint imperatorum, Ligar. 27 hoc est praecipuum Tuberonis, Vat. 5 tua, tua

sunt haec omnia.

pietas in: for reading see Appendix. Cf. De Inv. 2, 66 where Cic. speaks of pietas erga patriam.

P. 23.

digna summo imperatore: i.e. such as a great general ought to find in his subordinates.

pro: "in proportion to".

non sunt in eius facto: "depend, not on the act of him".

in Cornelio: "with reference to C.", "in the case of C." For this sense of in (which is comparatively rare) cf. De Or. 3, 36 dicebat Isocrates se calcaribus in Ephoro, contra autem in Theopompo frenis uti solere, Parad. 3, 1 petulans in virgine, Caesar B.C. 1, 85 in se uno non servari quod omnibus sit datum. In Propertius 1, 1, 17 and 33 in me ought properly to be taken in this way, not as though me were in the accusative. Cf. 9, p. 24, l. 5.

causa ipsius: "the plea he himself makes"; so 5, l. 18 causae.

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poena: note the omission of a particle like sed or tamen to mark the contrast. The omission of an adversative particle is considerably rarer than that of a copulative particle, of which we had exx. in 5. Cf. Fam. 9, 26, 4 non multi cibi hospitem accipies, multi ioci; also Arch. 3, 1. 8. laedatur: "is slighted"; cf. Rosc. Am. 142 si quis est qui et se et causam laedi putet, cum Chrysogonus vituperetur.

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innocentissimi ... praestantissimi: note how artfully the epithets are

chosen.

in iudicium vocatur: so 48, 1. 29 and in crimen vocari in 5, 1. 22. hunc: 'my client".

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nullius laboris etc.: the expressions here are hyperbolical, but Balbus had served under Caesar as praefectus fabrum both in Spain (61 B. C.) and in Gaul (58 B. C.). See Introd. p. 6.

crimen: "foundation for a charge".

Observe that in Cic. and early Latin crimen never has exactly the meaning of our word crime, but means either a charge, or, as here, the criminal act viewed as foundation for a charge. Cf. Verr. 2, 162 non erat in hoc crimen ullum, ib. 3, 188 non est in hoc crimen.

§ 7.

ubi igitur est crimen? the same, or nearly the same words in Flacc. 68, Pro dom. 46, Sest. 80.

huius crimen? The gen. is noticeable "a charge with which my client has anything to do?" Cf. Rab. Post. 29 nolite regis iniuriam huius crimen putare, Verr. 4, 91 istius culpam crimenque. Observe the omission of ne or some other interrogative particle, which is common in short, abrupt questions.

honos: this, not honor, is the true form in Cic.

putanda est: as honos is subject to the verb, putandus might have been expected, but cases of attraction like this are not uncommon; thus De Leg. 1, 23 ut iam universus sit hic mundus una civitas communis déorum atque hominum existimanda, De Div. 2, 90 non enim omnis error stultitia est dicenda. Sometimes the verb agrees with the predicative noun and not with the principal noun, in number, when these two nouns are of different numbers; thus Pis. 8 initium fuit ludi Compitalicii. Cf. 15, p. 26, 1. 7; 62, 1. 25.

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actione: an ablative of respect or limitation; so far as the prosecu tor's contention is concerned". So Liv. 35, 31 specie-re uera, and often; cf. 46, 1. 7.

minus: a modified negative, as in 2, 1. 10.

ita:=talia praemia; this should be added to the exx. in Nägelsbach's Stilistik § 145, 2, of adverbs which serve the purpose of object to transitive verbs.

liceret

implies the legal, technical, right to do a thing, oporteret the moral right.

factum diceretur: remark the omission of esse, and cf. n. on Arch. 5, p. 23, 1. 3.

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esset...repudianda: Cic. seems often to take pains to separate by a considerable space parts of the verb esse from the participles or gerundives to which they belong. Cf. Att. 5, 1, 3 quae fueramus ego et tu inter nos de sorore in Tusculano locuti; also below, 21, 1. 14.

23 a vobis: the noun or pronoun denoting the agent is, as a rule, put in the dative case after a gerundive. The substitution of the ablative with ab is comparatively rare, and of the instances found the great majority occur in Cic. Roby (Pref. to Gram. Vol. II. p. lxxv.) gives a list, which is however capable of considerable extension; additional exx. will be found under ab in Merguet's Lexicon to the Speeches of Cic., in Jordan's n. on Caec. 33, and in Madvig's n. on Fin. 2, 30. The usage is probably not nearly so rare outside Cic. as Roby's list would make it appear. The same scholar in § 1147 of his Grammar explains many examples by the desire of the writer to avoid ambiguity, many others by the desire to balance clauses neatly, while he allows that many passages will come under neither of these heads. Our present passage, is certainly one of this last class. My own belief is that Cic. in using the abl. with the prep. wished to declare the activity of the agent more emphatically than was possible by using the dative. This observation will cover all the instances.

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nunc vero: but as things are ".

gravius: "a more serious matter ".

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etiam si licet: even if it be admittedly lawful"; liceat would have given a different meaning-"even if it were to chance to be lawful".

§ 9.

hic ego nunc cuncter: for the reading see Appendix. Cuncter is the so-called deliberative subjunctive.

abest:=deest, deficit, in which sense abesse takes the dat. not uncommonly. Halm (on Sull. 14, where the reading afuerim given by MSS is quite right) makes a slip when he says that Cic. does not use abesse with dat.; cf. N. D. 2, 37, De Or. 2, 281, Leg. 1, 5 Huic homini: sc. Pompeio.

haec: "this privilege" (of conferring the citizenship on whom he pleases). There is no need to read hoc (as some edd. do), since the Latins constantly used the neut. plur. of pronouns where we should be inclined to use the sing.; so also the Greeks used raûra for TOUTO. Observe how Cic. tries to break the strength of the opposite case by setting in a brilliant light the achievements of Pompeius, before he attacks the legal question involved. All this part of the speech is really extra causam (cf. n. on Arch. 31, 1. 28). For Cic.'s motives in thus eulogising Pompeius, see Introd. p. 10.

tribui et concedi: so tribui concedique in also cf. the frequent conjunction in Cic. Planc. 73, Verr. 5, 22 and 47, Phil. 12, atque concedite, ib. 3, 194 concedo et largior.

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prominent weakness of Cic.'s prose style-his tendency to repeat a statement in slightly different terms; so 9, p. 24, 1. 4 casus eventusque, 18, p. 27, 1. 5 labor et industria.

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ususne rerum? sc. bellicarum: 'experience in military service ?" So res gestae generally means 'military history".

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qui etc.: the sentence is really elliptic; supply something like eine abest usus rerum? This ellipse gives an abrupt energy to the question, which makes it a favourite rhetorical device. Cf. Acad. 2, 115, also Liv. 3, 39, 9 cuius illi partis essent rogitare. Populares? Quid enim eos per populum egisse? Optimates? qui anno iam prope senatum non habuerint?

pueritiae etc. cf. Imp. Cn. Pomp. 28 (the whole of which passage should be closely compared with this) qui extrema pueritia miles in exercitu fuit summi imperatoris, ineunte adulescentia maximi ipse exercitus imperator.

minus saepe etc.: cf. Imp. Cn. Pomp. 28 plura bella gessit quam ceteri legerunt.

P. 24.

genera bellorum: cf. Imp. Cn. Pomp. 1. 1. quod denique genus esse belli potest in quo illum non exercuerit fortuna rei publicae?

an: following on ususne above.

cui etiam ipsi: etiam is to be taken not with cui but with ipsi which agrees with casus.

non duces sed comites: i. e. his plans determined the course of events, and were not themselves determined by it. Dux and comes are thus often contrasted, e.g. Flacc. 5, Marcell. 11, Lael. 96 (in some edd.).

in quo uno: n. on 6, p. 23, l. 5.

fortuna: in choosing a commander the Romans attached great importance to his reputation for good luck. Sulla prided himself on the title Felix. For the felicitas and egregia fortuna of Pompeius see Imp. Cn. Pomp. 47, 48, 49.

fortuna certavit: cf. Arch. 24, 1. 10.

pudor etc.: Pompeius is brilliantly contrasted with the corrupt generals of the time in Imp. Cn. Pomp. 36 sq.

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requisita est:=desiderata est; was ever looked for in vain?"

provinciae: Cic. very frequently alludes to the abstention of Pompeius from the almost universal practice among generals of the time, of robbing the provincials. He remarks especially (Flacc. 57) that when P. captured Jerusalem he took nothing from the Temple.

liberi populi: here peoples who governed themselves, under treaty with Rome, obeying neither kings nor the Roman provincial rulers; cf. Introd. p. 17.

sanctiorem: Arch. 18, p. 28, 1. 9.

sperando optando: sperare is to look forward to what is practicable, and may be attained in the ordinary course of events, optare

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to look forward to what can only happen by some extraordinary stroke
of good fortune. Cf. Att. 8, 15 A, 1 (a letter written by Balbus
himself) velim idem Pompeius faciat, qui ut adduci tali tempore ad
ullam condicionem possit, magis opto quam spero, cf. ib. 11, 19, I cogis me
sperare quod optandum vix est. Hence optare is sometimes "to indulge
in wild dreams ", as in Acad. 2, 121 somnia haec censet Democriti non
docentis sed optantis, where see my n.
Translate here "have imagined
either in their hopes or their dreams".

§ 10.

auctoritate: on the auctoritas (personal influence) of P. see Imp. Cn. P. 43.

his tantis: n. on Arch. 16, 1. 11.

laudibus: "merits"; n. on Arch. 14, l. 12.

dignitatis. a descriptive or explanatory or defining genitive; paraphrase thus, " gave rewards, that is to say, a very splendid rank". See exx. in Roby's Gram. §§ 1302-1306; cf. also 4, 1. 6; 54, 1. 27, and Arch. 28, 1. 19, hanc laudis et gloriae mercedem (so Tusc. 1, 34 and 3, 12), Caes. B. C. 3, 59 praemia rei pecuniariae. Praemia, the plur. for the sing., is not uncommon; cf. 23, p. 29, 1. 6.

recusanti: "in spite of his protests". Recusare (causa) is properly to allege reasons against some one, hence to enter a protest (not necessarily a refusal), as also in 17, 1. 28. The phrase was originally legal: see Caec. 81 and 82, with Jordan's n. The historical reference is to the appointment of Pompeius, with extraordinary powers, to take command in the East against the pirates. This command P. pretended to dislike (Dio Cassius 36, 8), a pretence which had the effect of increasing the popular clamour for his appointment and rendering easier the adoption of the law which conferred on him such unparalleled

powers.

ut id agatur: " that the question at issue is ".

an vero: vero adds emphasis to the question-" or whether indeed". When an is followed by vero it is generally separated from ne by a wider interval than is the case here, and in the greater number of instances the ne (when expressed) and the an are in different sentences (so Arch. 30, p. 31, 1. 31). Tolerably close parallels are Sulla 90 (ne-an vero), Cluent. 94 (ne, an, an vero), Verr. 3, 194 (utrum—an vero).

id est: this phrase often, as here, introduces a stronger for a weaker statement. Cf. 24, 1. 18 libertate, id est, civitate.

19 non-nonne: this sequence is less common than nonne—non (Rosc. Am. 98, Sull. 7, Cat. 1, 27); it is found in Mur. 81.

§ 11.

20 audivi de: in Cic. audio is commonly followed by de or ex, more rarely by ab.

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