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experienced statesman, but no soldier. The beneficia amplissima are the successive offices that had been conferred upon him.

89 11 Hortensius: the leading lawyer of the time (see oration against Verres). ratione, view.

89 14 auctoritates contrarias: of course there were men of influence on the side of the Manilian Law as well as opposed to it; Cicero brings forward the names of several in sect. 68, below.

89 15 ipsa re ac ratione: this appeal from theoretical objections (as Cicero thinks them) to experience (i.e. in the Piratic War) would, of course, be very effective in a public assembly, for theoretical considerations weigh little with such bodies in comparison with facts. Cicero makes it doubly effective by pointing out that his opponents agree with his premises as to the necessity and magnitude of the war and the eminent ability of Pompey as a general, but that they avoid, on these merely technical grounds, what seems to him the obvious conclusion: viz. that Pompey should be appointed.

89 20 (Sect. 52.) tribuenda sint: condition with nothing implied (in dir. disc., sunt).

89 23 pro, in accordance with.

89 24 in senatu: laws did not require any ratification by the Senate. The expression of opinion by Hortensius must therefore have been in an informal discussion, after the promulgation of the law (i.e. its announcement as a proposed bill).

89 25 Gabinium: see Introd., p. 67 of text.

89 27 promulgasset: a bill intended to be brought before either comitia was regularly announced to the Senate and posted in the city two Roman weeks (at least 17 days) before it could be voted on. — ex hoc ipso loco, i.e. in the public discussion of the law, before the vote, in the contio (see sect. 1).

89 31 (SECT. 53.) hanc, i.e. which we have now.

901 an implies a strong negative; § 335, b (211, b); B. 162, 4, a; G. 457, 1; H. 380, 3 (353, N.4); H.-B. 236.

90 2 legati, etc.: observe that Cicero seizes the opportunity to recall briefly to the minds of his hearers certain important facts which he has already dwelt on in greater detail (in sects. 31-33).

90 3 ex omnibus, etc.: trans. from communication (commeatu, really abl. of specification) with all the provinces. - neque jam (1. 6), no longer. 90 8 (SECT. 54) Atheniensium: the Athenian empire of the sea, in the fifth century B.C., resulted from the great victories in the Persian War.

909 Karthaginiensium: the maritime power of Carthage was at its height in the third century B.C..

90 10 Rhodiorum: the city of Rhodes was the chief naval power of the Mediterranean during the last three centuries before Christ: its power was broken B.C. 42, at its capture by Cassius.

90 17 permanserit: subj. of characteristic.

90 19 (SECT. 55.) Antiochum: Antiochus the Great, king of Syria, defeated at Magnesia, B.C. 190.

90 20 Persen: Perses or Perseus, the last king of Macedonia, defeated at Pydna, B.C. 168.- Karthaginiensis: Carthage was mistress of the sea at the time when her wars with Rome began; but in the First Punic War she was beaten at her own weapons.

90 22 ei repeats nos: we, i.e. that nation.

911 Delos: a very small island in the Ægean Sea, sacred as the birthplace of Apollo and Artemis. It had an excellent harbor, and this, added to its peculiar sanctity, gave it high importance. It had at all times a flourishing commerce and in the time of Cicero was the great slave market of the world, 10,000 slaves being sometimes sold there in a single day.

913 eidem repeats nos (1. 23, above).

91 5 Appia via: the principal highway of Italy, running from Rome to Capua, and thence to Brundisium (see map of Italy, p. 1). It was begun by Appius Claudius Cæcus, in his censorship, B.C. 312. — jam, at length.

916 pudebat magistratūs (acc. pl.): no special case is referred to, but it is implied that any magistrate ought to have felt shame, seeing that the beaks of ships, rostra, were naval trophies.

91 7 cum: concessive.

91 12 (SECT. 56.) dolori: we should be likely to use a more generai word, like feelings, which would be defined by the context. Such differences between two languages in the expression of thought are constantly found.

91 15 aliquando, at last (cf. Cat. ii, sect. 1, l. 1).

91 17 (SECT. 57.) obtrectatum esse: the subject of obtrectatum esse is the wish of the opponents to defeat the proposed measure (the appointment of Gabinius as lieutenant); as this wish, if successful, would be (like the affirmative measure) a determination, it is expressed by a purpose clause, ne legaretur. - adhuc: this opposition began in connection with the Gabinian Law and is still continued in connection with the Manilian.

91 19 expetenti, earnestly requesting. — postulanti, claiming (as a right).

91 20 utrum, etc., is it that, etc.? Cf. the obsolete use of whether to introduce direct questions in English, as in "whether is it better?" legatum: the Senate assigned (legare) subordinate officers to a military commander or provincial governor. These legati had much responsibility, often performing independent duties like those of modern officers "detailed" from the regular line. The usual number of legati was two or three; but Pompey received fifteen by the Gabinian Law, to whom ten more were afterward added.

91 21 velit, conjunctivus modestiae; § 447, 1 (311, b); cf. B. 280, 2, a; G. 257; H. 556 (486, i); H.-B. 519, 1, b.—impetret: § 535, ƒ (320, ƒ); B. 282, 3; G. 631, 1; H. 591, 7 (503, ii, 2); H.-B. 513, 3.- cum: concessive.

92 4 periculo, i.e. a political risk such as any politician would, incur in carrying an important measure.

924 (SECT. 58.) an: § 335, b (211, b); B. 162, 4, a; G. 457, 1; H. 380, 3 (353, N.4); H.-B. 236. — C. Falcidius, etc.: Gabinius had not been allowed to receive an appointment as legatus under the Gabinian Law, perhaps because he was tribune when it was passed. Cicero urges that there is no reason why he should not be appointed under the Manilian Law, since he no longer holds that office.

926 honoris causā, see note on Rosc. Am., p. 3, 1. 28. — plebi: old genitive.

...

927 in uno Gabinio, in the case of, etc.

928 diligentes, particular, i.e. in urging a technical objection.—qui deberet: if this were not a clause of characteristic, we should have debebat to express the cont. to fact idea; § 522, a (311, c); B. 304, 3; G. 597, R.3, a; H. 583 (511, 1, N.3); H.-B. 582, 3, a; cf. oportebat, Cat. i, sect. 2, 1. 13.

9211 relaturos: the consuls were the natural persons to consult the Senate, but Cicero, as prætor, also had this power.

92 13 impediet: either consul could, as having major potestas than a prætor, forbid Cicero to bring the matter before the Senate; but if he persisted, his act would still be valid.

92 14 defendam: § 558, b (319, c); B. 295, 3; G. 549; H. 568, 8 (499, 3, N.2); H.-B. 502, 3, b.

92 15 intercessionem: the veto of a tribune, which could stop any political action, and which Cicero would be bound to respect. Nothing else, he declares, shall deter him.

92 16 quid liceat, i.e. how far they can safely go.. considerabunt, i.e. before they set themselves against the manifest will of the people.

92 18 socius: not as legatus, but simply as partner in his former honor and credit. This association of Gabinius with Pompey is used as an argument for giving him the office of legatus now.

Sects. 59-62. Objection of Catulus,-"precedents should not be violated." Answer: "In time of war the Roman people have always consulted expediency rather than precedent; in Pompey's own case there have already been many violations of precedent."

92 22 (SECT. 59.) ut. . . videatur: § 569, 2 (332, a, 2); B. 297, 2; G. 553, 4; H. 571, 2 (501, 2); H.-B. 521, 3, a. — auctoritate et sententia, i.e. the weight which one must attach to the opinion of so great a man as Catulus (a kind of hendiadys).

N.3

92 23 cum...

quaereret: cf. cum . . . dixistis, just below; § 546, (323); G. 579; H. 600, ii, 1 (521, ii, 2); H.-B. 524 and c.

92 24 si... poneretis: fut. protasis; the apod. is the compound sentence si . . . factum esset, in quo spem essetis habituri, which itself consists of a fut. prot. and apod.; § 523 (311, d); H.-B. 582, 4. The tenses depend for their sequence on the perf. cepit.—si . . . esset, if anything should happen to him (a common euphemism then as now). – eo: 403, c (244, d); B. 218, 6; G. 401, N.; H. 474, 3 (415, iii, N.1); H.-B. 423, b.

92 25 essetis habituri: indir. quest.; for use of periphrastic form, see § 575, a (334, a); B. 269, 3; G. 515; H. 649, ii, 1 (529, ii, 4); H.-B. 537, d, I.

92 31 quo minus . . . hoc magis: § 414, a (250, R.); B. 223; G. 403; H. 479 (423); H.-B. 424.

92 33 (SECT. 60.) at enim: see first note on sect. 51.

93 1 exempla, precedents; instituta, established customs. non dicam, etc.: an excellent specimen of the rhetorical device known as praeteritio (cf. note on p. 88, 1. 13, above).

93 3 paruisse, adcommodasse, i.e. they disregarded precedents in great emergencies. - temporum depends on casus, consiliorum on rationes (chiastic order).

93 5 ab uno imperatore: Scipio Africanus the younger (Æmilianus), who captured Carthage (B.C. 146) and Numantia (B.C. 133). In his time. there had been a law that no person should be consul twice in succession. 939 ut... poneretur: clause of purpose with visum est (here a verb of decreeing).

93 10 C. Mario: Marius was chosen consul five years in succession to carry on the wars here referred to.

93 12 (SECT. 61.) The argument in this and the following section is a telling one: "In the case of Pompey himself precedent has often been violated with the full assent of Catulus. Why, then, should Catulus be so scrupulous now, when the highest interests of the state are involved?". For the several occurrences referred to, see notes on sects. 28-30, above.

93 15 privatum, i.e. not a magistrate.

93 18 a senatorio gradu: no one could legally enter the Senate until after holding the quæstorship, the minimum age for which was thirty at least, and regularly thirty-six, while Pompey was at the time referred to (B.C. 82) only twenty-three.

93 20 in ea provincia, i.e. Africa.

93 21 fuit: translate, he showed, etc. (in order to render the abls. of quality, which come in a way foreign to our idiom).

93 23 victorem, victorious (red. adj.).—exercitum deportavit: this was one of the essential conditions of a triumph.

93 24 equitem, i.e. not a member of the Senate, having never held a magistracy.—triumphare: the honor of a triumph was restricted to commanders who possessed the imperium by virtue of holding a regular magistracy. Until he was elected consul for the year B.C. 70, Pompey had never had the imperium except by special appointment from the Senate; both his triumphs, therefore, B.C. So and 71, were contrary to precedent.

93 27 (SECT. 62.) duo consules: Mamercus Lepidus and Decimus Brutus, B.C. 77. Instead of either of these being sent to Spain as proconsul the next year, against Sertorius, Pompey, though a simple eques, was designated for that service.

93 29 pro consule: when it was desired to retain the services of a magistrate after his term of office had expired, his imperium was extended (prorogatum) by the Senate, and was held by him pro consule or pro praetore, that is, as having the power of a consul or prætor while no longer actually a magistrate. It was not strictly legal to appoint a private citizen in such a capacity; but sometimes, as in Pompey's case, this was done. — quidem, by the way.

93 30 non nemo, a man or two.

93 31 Philippus, a prominent member of the aristocracy (consul, B.C. 91), distinguished for his wit; a man of liberal temper, but a vehement partisan.

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