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Pro S. Roscio Amerino

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k<br />

CH. XXXV.] NOTES. 109<br />

on a historic main verb. The perfect represents voluit (in cur voluit),<br />

and the actual result rather than the natural consequence is thus<br />

emphasised.<br />

12. nisi hoc = hoc tamen.<br />

15. non : with nunc primum.<br />

16. palmas : the "victories" of a gladiator ; used sarcastically<br />

with reference to murders and other crimes.<br />

; 17. lemniscatam : "deeked with ribands"; a, pcdma lemniscata<br />

? was apalm-branch (the usual token of victory) adorned with ribands<br />

1 and presented to a general or gladiator when his victory had been<br />

S one out of the common. Cicero of course here implies that the<br />

murder of Roscius was one which brought Capito more profit than<br />

I<br />

{ usual. quae Roma ei deferatur : the neighbourhood of Ameria had<br />

l hitherto been the scene of Capito's murders. It is implied that it<br />

Avas more difficult for a gladiator to win a victory at Rorae than in<br />

I<br />

* other parts of Italy.<br />

20. quem contra morem maiorum minorem annis sexaginta de<br />

ponte in Tiberim deiecerit : tlie centuries composing the comitia<br />

centuriata voted in the Campus Martius ; and the voters passed<br />

by means of pontes or narrow railed galleries to their separate<br />

voting eompartments (consaepta), of which there was one for each<br />

century. The centuries in each class consisted of iuniores (from<br />

18 to 45 years of age) and of seniores (from 46 to 60). Since the<br />

assembly was essentially a military one, those over the age of<br />

compulsory service, i.e. over 60, should not logically have had any<br />

part in it. But it is certain that the list of seniores contained the<br />

names of men over 60, and the younger men would often thrust them<br />

back from the voting-galleries, on the ground that those who could<br />

- military<br />

no longer fight ought not to be allowed a voice in the decision of<br />

questions. To this hustling from the pontes of the old men<br />

by the young the expression sexagenarios de ponte deicere was trans-<br />

! ferred by way of a pun ; for the expression itself originated in an<br />

; old custom by which every year on the Ides of May the Pontifices<br />

; and the Vestal Virgins threw into the Tiber from the Pons Suhlicivs<br />

I<br />

I<br />

twenty-four Argei, which were figures of men made of rushes.<br />

These figures probably took the place of the sexagenarians who were<br />

1 actually thrown into the Tiber in the early days of human sacrifice.<br />

21. si prodierit : i.e. as witness.<br />

22. proditurmn esse : sc. eum as subject. audiet : Cicero threatens<br />

that in his cross-examination of the witnesses on the opposite side<br />

(testium interrogatio) he will bring to light all the crimes of Capito,<br />

and in this way shake his credibility as a witness.<br />

23. volumen : "roll." quod conscripsisse : advocateswereaccustomed<br />

to " coach " their witnesses before the trial by giving them a<br />

list of the questions likely to be put to them by the opposite side ;<br />

here, however, Cicero implies that Erucius intends knowingly to<br />

produce a lying witness, and that he has instructed him in the false<br />

evidence that he is to give.<br />

26. pro testimonio : " as evidence. "

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