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Pro S. Roscio Amerino

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K.&,<br />

CH. XIX.]<br />

expressed by the main verb is the same as that expressed by the<br />

verb in the dependent clause. In such cases the same tense is<br />

that they have no exist-<br />

employed in both clauses. nuUa esse : "<br />

ence."<br />

16. ut ne : =<br />

ne.<br />

18. inludere: epexegeticinfinitive, explainingid/acere; "namely<br />

to mock at . . . ."<br />

20. non : this use of non in answers, meaning "no," is rare in<br />

good prose.<br />

22. ad libidinem : "at one's eaprice."<br />

24. possis . . . coneris : consecutive subjunctives.<br />

28. quid ergo est ? " : what then foUaws from this ? "<br />

I 29. legem Remmiam : by this law anyone who was convicted of<br />

/ calumnia, or fraud in the conduct of a prosecution (see Introd., § 7),<br />

I<br />

was punished by having the letter K (Kalumniator, the old form of<br />

Calumniator) branded on his forehead. In the time of Cicero this<br />

law was rarely enforced. Calumnia was now dealt with under the<br />

special law which establislied the particular quaestio, and was<br />

decided in the course of the trial, after the main verdict had been<br />

given.<br />

oO. putares : subjunetive in a consecutive clause restrietive of a<br />

preceding statement ; the principal sentence often (as here) has ita.<br />

XX., §§ 55-57. Aegument.—A multitude of accusera ia a good<br />

thing, since it is better that an innocent man be tried and acquitted<br />

than that a guilty man should not be tried at all. But the activities ot<br />

accusers must be kept within due bounds ; they must at least be able to<br />

bringforward some grounds for suspicion.<br />

[Consult the Index for Capitolium.]<br />

Ch. XX. —2. ut ne : almost equivalent to ut caveatur ne, "provided<br />

that we are not " (caveatur being consecutive subjunctive).<br />

5. tametsi . . . ignoscere : in sense, though not in form, this is<br />

the apodosis of the virtually conditional clause innocens . . . non<br />

caret.<br />

6. possim : potential subjunctive, for which in this verb possum<br />

is more usual. Cf. 19, 6, note.<br />

7. criminose ac suspiciose " : in such a way as to bring a charge<br />

and arouse suspicion."<br />

8. calumniari : see Introd., § 7, and note on legem Remmiam,<br />

19, 29.<br />

10. nisi accusatus fuerit : there were no public or official prosecutors<br />

in the ordinary criminal procedure before the quaestiones perpetuae<br />

; the bringing of the indictment was left to any member of<br />

the comraunitj'.<br />

12. causam dicere : = reumferi.<br />

i 13. anseribus cibaria publice locantur: thegeese were fed at the<br />

t public expense in memory of the days of old when the Gaula<br />

91

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