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Pro S. Roscio Amerino

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CH. V.] N0TE8. 75<br />

under the Comelian law. There had been no regular trials for<br />

miirder during the Civil War and the Sullan proscriptions. It is<br />

doubtful whether any permanent quaesiio inter sicurios was established<br />

until 81 b.c. (ep. 4, 19, n.). Before this date, special com-<br />

. missions were appointed by the people to try cases of murder.<br />

longo intervallo : ablative of attendant circumstances ; lit. "the<br />

interval being long," "after a long interval." inter sicarios: the<br />

]<br />

crime of parricidium was embodied in the Lex Cornelia de sicariis<br />

et veneficis, which established a qnaedio for cases of assassination,<br />

poisoning, and arson. The functions of the court were divided<br />

between the praetor to whom the particular court had been assigned<br />

by lot and iudices quaestionis, who were, in the case of the murder<br />

court, probably appointed by the people. There was in Latin no<br />

single word for the crime of "murder" or " assassination." Since<br />

the expressions sicae deferre and de sica deferre were not practicable,<br />

the phrase for a charge of assassination was ita deferre ut nomen<br />

alicui^is inter sicarios referatur, which was abbreviated into inter<br />

sicarios deferre ; hence the qvaestio concerned was known as quaestio<br />

inter sicarios as well as quaestio de sicariis. committitur " : is being<br />

held."<br />

6. factae sint : most editions have the indicative (the regular<br />

mood after cum interea), but the subjunctive is preferable here,<br />

since interea does not refer to the time of committitur but to longo<br />

intervallo ; cum = "although," "andyet," not "at the time when."<br />

7. tvindicationem sui: this is a recent emendation for the<br />

meaningless demissuis or dimissui of the MSS. Other emendations<br />

are dignissimam (Madvig), sanguini remedium esse (Landgraf). Vin-<br />

dicationem sui here means " their defence " or "their deliverance."<br />

8. vociferatione :<br />

'<br />

' loud appeal.<br />

10. causam dicimus: "make our defence"; causam dicere is<br />

applicable both to the advocate and the defendant. Cicero here<br />

makes his clienfs case his own by using an expression common to<br />

both.<br />

13. sit : subjunctive in indirect question depending on ostendetis.<br />

14. ostendetis : vividly used for ostendatis, the regular subjunctive<br />

in indirect speech depending on cogitetis. eo : the correlative is ut<br />

(line 15), "to this extent, that." prorumpere : "seeks to burst its<br />

bounds" ; the future might have been expeeted.<br />

16. in foro, ante tribunal . . . inter pedes vestros . . . interipsa<br />

Eubsellia : criminal trials took place in tlie Forum, under the open<br />

sky. Here on a raised platform (triimnal) was the chair of office<br />

(sella curulis) of the praetor or the iudex quaestionis, and around it<br />

. ; the benches {subsellia) of the iudices and clerks of the court (scrUiae) ;<br />

'\ lower down (ante pedes vestros), on the ground in f ront of the tribunal,<br />

i were the benehes for the two parties to the suit, their advocates,<br />

* and their witnesses. There was also an outer ring (corona) of<br />

listeners interested in the case.<br />

20. causam dicit : see note on line 10 above. Cicero here again<br />

makes his clienfs case his own.<br />

"

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