Pro S. Roscio Amerino

CH. XLI.] NOTES, 115
XL., §§ 116-118. Akgument.— To decelve one^a partner is considered,
and rightly considered, as hase a thing as to hetray a trust.
But Capito cajoled, deserted, and hetrayed nine honourahle men. It
is in a life lilce his, and amid crimes like his, that you will surely find
the crime with which the present trial deals.
Cli. XL.— 6. rem communicavit : "has entered into partnership."
Partnership {societas) belongecl like mandatum to the consensual
contracts, and hona fides was in partnership, as in mandatum, the
leading principle.
7. per eius fidem : sc. datam et non servatam, i. e. this partner has
pledged his word and broken his pledge.
9. tecti : "reserved." ad : "towards," " with referenee to."
10. videant : jussive subjunctive in semi-dependence on necesse est.
11. qui : adverb, "how."
12. fefellisset : subjunctive of reported definition, depending on
haheri oportere.
20. metuere non debuerunt " : were in duty boiuid not to fear."
23. parum : with cauti providique.
26. minatur : i.e. with his evidence.
28. flagitiis " : dishonourable deeds," i.e. the betrayal of his
fellow-arabassadors and of his trust.
29. maleficium : the "crinie" of murder.
32. putatote : probablyin permissive sense, "you may consider."
hoc : sc. scelus.
33. quod: adversative, "nay, it."
35. tquod illonun : the reading of the MSS. is quod de illoruin ;
many editors adopt the conjecture si quo de illorum, the inversion
of the preposition being explained by the faet that there is a
tendency to join quis {= aliquis) closely to si.
36. quid tandem : sc. videiur vohis.
38. hic discipulus ; Cicero here turns to Magnus, and by this
reference facilitates the transition to Magnus, who is dealt with in
the next chapter.
XLI., §§ 119-121. Argument.— TF7iy did you, Titus Roscius, refxise,without
any good reason,to give up the two slaves tohe examined?
These slaves were upon the scene at the time of the murder; hence
your efforts to prevent their heing given up afforded good grounds for
suspicion.
Ch. XLL— 1. fidem :
" good faith," ironical.
3. istis : i.e. ah adversariis ; but it is Magnus who is principally
referred to, since he was procurator of Chrysogonus, into whose
possession the slaves had come ; moreover Cicero having exposed
the faithless character of Capito now dtsires to throw suspicion on
Magnus.
6. res Ipsa : "the demand in and for itself," without reference to
the persons who made it.