Pro S. Roscio Amerino

CH. XXXVIIl.J N0TE3, 113
9. ne palam res agatur : as would be the case if the envoya came
before Siilla.
10. Bublata sit : representing sublata erit of direct speech.
11. capitis periculum : see note on 2, 8. illum : sc. Ghrysogomim,
object of acuer-e, which is historio infinitive.
13. monere ut caveret : the sequence of the historic infinitive is
always historic.
15. depecisci : " to bargain for."
17. postremo : " in short." isto . . . intercessore : " on his
becoming surety," or " guaranteeing " that the venditio hovorum
would be annuiled. Intercessor generally means a " mediator " in
money matters. It is also used (in the sense of "protester") of the
trihunus plehis in the exercise of his veto.
18. fide . . . perfidia : " word . . . broken word."
20. testimonium iis denuntiare : " to subpoena them." The
commanding by summons (denunliatio) of the presence of witnesses
was a right possessed by the prosecutor, not by the defendant. Tlie
evidence for the defence was purely voluntary. Had his cHent
possessed the right of denuntiatio, Cicero would merely have said
"if I produce them as witnesses." In civil cases compulsory
evidence was barred altogetlier.
22. rem mandatam : "a trust." The mandatum •wa.s, an agreement
in virtue of whioli a man undertook to manage any business
for another. The person who gave the charge was called mandator
; he who undertook the charge was called mandatorius
(or qui recipit mandatum). Tlie mandatum belonged to the class
of contracts known as "consensual," i.e. those entered into by a
simple agreement bet ween the parties. In case of non-fulfilment of
tlie obligation, the mandatory was liable to an actio mandati, "trial
for breach of trust," in wliich indemnification could be claimed
either on the ground of premeditated fraud (dolus malus, in line 22
malitiosius) or want of due care (negligentia, in line 23 negligentius),
since the mandatory had in the agreement promised " diligent
attention." malitiosius : used instead of the positive for the sake
of uniformity (as negligentiua follows). Dolus malus did not admit
of degrees, as did negligentia.
25. non minus turpe quam furti : since a condemnation in either
case entailed the penalty of infamia or disqualification for various
public duties.
27. vicaria . . . supponitur : "is substituted in place of," vicaria
being predicative."
37. quod te putas sustinere posse : se. and yet you want to shake
off the burden as being too heavy to be borne. quod minime videtur
grave iis, qui minime ipsi leves sunt : i.e. it is only those who have
the most strength of character that find suoh burdens easy to be
borne ; hence the whole business only serves to betray the worthlessness
of your character. The sense, however, is far from being
satisfactory, and the conjeoture minime leve videtur (grave being
regarded as a gloss for minime leve) is a very likely one.
CIC. ROSC. 8