Pro S. Roscio Amerino

114 cicEEo : PRO iioscio. [cn. xxxix.
., §§ 112-115. Argument.— Ifmere carelessness in the discharge
of an nnimpcy)'tant commission is punished with infamy, hoio
should the treachery of Capito in such a serious matter as this he
punished ?
Ch. XXXIX. — 2. mandat : without an object, " entrusts a eonimission."
4. hominis : possessivo genitive used predicatively.
6. credidisset : without an objeet, = fidem habuisset. itane est ?
" is it not so ? " The full question is ita7ie est an non est ?
8. in re tanta : constructed with adfecerit in line 10.
10. is inter honestos homines atque adeo inter vivos numerabitur?
: i.e. such a man is not worthy of a place among honourable
men, and in fact does not deserve a place among citizons at all.
12. tetiam negligentia in crimen mandati iudiciumque infamia
rei vocatur : the M8. reading is infamia revocatur. Some editors
strike out mandati, and others read infamiae vocatur for infamia
revocatur. The emendation adopted in the text is that of Richter,
and the words may be thus rendered— "even neglect is made a
ground for a charge of breach of ti-ust and for a trial, owing to the
dishonour attaching to such eonduct."
15. publice : = ex decurionum decreto. commissa sit : the subjunctive
is chosen rather than the indicative, as the statement has a
general reference, and is not merely confined to the particular caso
of Capito. The same remark applies to laeserit and the other
subjunctives.
17. legationis . . . caerimouiam : this embassy had a mandatum
pxihlicum, but the "religious sanction" ordained by the ius gentium
attached only to foreign embassies.
20. transigeret atque decideret " : should make a stipulation and
come to an agreement," by means of a sum of money to be paid by
way of indemnifieation for the loss of the confiscated property.
21. fidem suam interponeret : "should pledge his word," viz.
that Sextus would recognise any agreement made by Capito.
22. ille : Capito. recepisset : "had definitely promised."
23. tantulum " : the merest tittle."
24. per arbitrum : mandate {mandalum) was a honae fidei contract,
that is to say, it was based upon the mutual trust of the
contraeting parties, and its settlement was a matter of equity ratlier
tlian of strict law. The actiones or iudicia arising from this class
of eontracts were decided by an arbiter (arbitrator), not by a iudex
(judge). While the iudex could only eondemn or acquit in accordance
with the strict legal instruetions of the praetor, the arhiter did
not give his decision till he had weighed the special circumstances
of the case and the rival claims of the parties. rem restitueret
i.e. should paj' damages in default of aetual restitution.
omnem amitteret : = infamisfieret.
honestatem
28. ex eo : comprehensively, " of the objects of that trust."
31. tantidem : "at as little value."
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