[291] Bracketed by Unger, Edd.
[292] humanitatis corpore Muret, cod. Guelf., Ed., Bt., Heine; humanitate corporis MSS., Müller; Unger strikes out corporis.
[293] superioribus ... ex quibus Walker, Bt.2, Ed.; ex superioribus ... quibus MSS., Bt.1; superioribus ... quibus, Heine.
[294] ea ... incidissent MSS., Bt.1, Heine, Ed.; eam [repugnantiam] ... incidisset Unger, Bt.2
[295] venerunt Manutius, Edd.; venerint MSS.
[296] re utilitas et turp. c, Edd.; re utili turpitudo B H a b.
[297] invisitata B H1, Edd.; inusitata H2 a b c.
[298] ni(c)hilo c, Edd.; nihil B H a b.
[299] peccare ... haberet MSS.; bracketed by Madv., Bt.
[300] nequaquam Manutius, Bt., Ed., Heine; quamquam (and yet it is possible) MSS., Müller.
[301] causam c, Edd.; causa B H a b.
[302] iis Bt., Ed., Heine; his B H a b; hijs c.
[303] quicum MSS., Bt., Heine; quocum Ed.
[304] erit Ed., Bt.2, Heine; sit MSS.; est Bt.1
[305] adhibere B H a, Bt., Ed.; habere b c, Lact., Müller.
[306] sit Manubius, Edd.; est MSS., Nonius.
[307] Xerxemque B H a b, Bt., Heine; Xersenque c; Xersemque Nonius, Ed.
[308] Atqui Victorius, Fl., Bt.2, Ed.; Atque MSS., Bt.1
[309] vilitas a, Edd.; utilitas, B H b c.
[310] idem B H a b; id c, Bt.
[311] immo ... est c, Ed., Heine; immo vero necesse est p; immo vero [inquiet ille] necesse est Bt.
[312] sint Bt.1, Ed., Heine; not in MSS., Bt.2
[313] sunt MSS., Bt.1, Heine, Ed.; est [dissensio] Unger, Bt.2
[314] Rhodios c, Edd.; Rhodius B H a b.
[315] dictitabat c, Edd.; dictabat B H a b.
[316] tempori B H b, Bt.1, Ed.; tempore a c; temperi Fl., Bt.2, Heine.
[317] quaereretur Edd., with authority; quaererem MSS.
[318] Atque MSS., Bt.1, Müller, Heine; Atqui Manutius, Ed., Bt.2
[319] ut tutela MSS., Bt., Müller; ut in tutela Heine, Ed.
[320] non illicitatorem c (inl.) p, Edd.; non licitatorem B H a b.
[321] huic c, Edd.; huius B H a b.
[322] certe Lamb., Edd.; recte MSS.
[323] istum p c, Edd.; iustum B H a b.
[324] esset p c, Edd.; est B H a b.
[325] Ti. Lange, Edd.; titum MSS.
[326] vendidit B H a b; et vendidit p c.; Edd. omit.
[327] comprehendi MSS.; omnes comprehendi Bt., Heine.
[328] serviebant Heus., Edd.; sergio serviebant B H a b; sergio alii serviebant c.
[329] Bracketed by Unger, Edd.
[330] haec c. Edd.; hoc B H a b.
[331] turpem notam temporum nomen illorum H a (turpe) b, Bt.; excl. nomen illorum Victorius, Ed.; turpe nomen illorum temporum c.
[332] propulsat cod. Bern., O., Edd.; propulsat a suis Edd.
[333] C. Bt., Ed., Heine; not in MSS.
[334] et iam Edd.; etiam MSS.
[335] aut hunc c, Edd.; atque hunc B H a b.
[336] ea species forma B H a b; ea specie forma c p; ea forma, Klotz, Heine, Ed.; ea species, Bt.
[337] Bracketed by Ed., Heine, et al.
[338] fuerit quaeque c, Edd.; fuit B H a b.
[339] dirigenda MSS., Edd. plerique; derigenda Ed.
[340] beni(e)voli Stürenbg.; benivoli sunt c; boni sunt B H a b.
[341] potenti Nonius, Edd.; potente MSS.
[342] quod L c, Edd.; quo B H a b.
[343] dirigit MSS., Edd. plerique; derigit Ed.
[344] quam navigantem Heus., Edd.; quam si navigantem MSS.
[345] est c, Nonius; sit B H a b.
[346] sibine uterque Victorius, Edd.; sibi neuter MSS.
[347] si cui c, Nonius, Edd.; sicut B H a b.
[348] vinum c, Nonius, Edd.; venenum B H a b p.
[349] iterum eo Pearce, Edd.; item eo B H a b; item tum c.
[350] iis Edd.; his B H a b; hijs c.
[351] Atque MSS., Bt.1, Müller, Heine; Atqui Fl., Bt.2, Ed.
[352] quod Ed.; not in MSS., Bt., et al.
[353] facias c, Bt., Ed., Heine; facies A B H a b, Müller.
[354] percepset Bt., Ed., Heine; percepisset MSS.; perspexet Müller.
[355] sacratae Edd.; sacrata B H a b; sacratum c.
[356] num A L c, Edd.; nam B H a b.
[357] Num Edd.; non MSS.
[358] habebat L c, Edd.; habebit A B H a b.
[359] fregistin Edd.; fregistine A B H a b; fregisti L c.
[360] quaeque Forchhammer, Müller, Heine; not in MSS., Bt., Ed.
[361] non modo non B H a; non modo nos c; non modo L c p, Edd.
[362] habet L c, Edd.; habeat A B H a b.
[363] Est ... servanda bracketed by Unger, Bt.2, Ed.
[364] sit Edd. plerique; est MSS., Bt.1
[365] Scite enim A L c, Edd.; scit enim B H a b.
[366] vinctos A L c, Edd.; victos B H a b.
[367] primo luci Beier, Heine, Ed.; primo lucis c; prima luce A B H a b.
[368] Novem ... quam erat c, Bt.1, Ed.; om. A B H a b; unum qui Unger, Bt.2
[369] astringit c p, Ed., Heine; distringit A B H a b, Unger, Bt.
[370] § 114 bracketed by Heus., Bt., as un-Ciceronian.
[371] C. Heine, Ed.; not in MSS.
[372] viris c p, Edd.; veris A B H b.
[373] sicuti L c, Edd.; sicut id A B H a b.
[374] dolore. Et Müller, Heine; dolore: ut MSS., Bt.; dolore. Ut Ed.
[375] expetantur A, Edd.; expectantur B a; exspectantur c.
[376] Omitted by Muretus; bracketed by Heine, Ed., et al.
[377] videtur c, Edd.; videretur B H a b; viderentur A.
[378] iis Edd.; his A B H a b; hijs c.
[379] monitis Lambinus, Edd.; monumentis A B H a b; monimentis c.
[A] Cicero is alluding to his Republic, Tusculan Disputations, Theories of the Supreme Good and Evil, The Nature of the Gods, Academics, Hortensius, his essays on Friendship (Laelius), Old Age (Cato), Fate, Divination, etc. (15 in all).
[B] Cicero's technical terms are difficult because he has to invent them to translate Greek that is perfectly simple:
rectum is 'right,' i.e. perfect, absolute. Its opposite is medium, 'mean,' i.e. intermediate, falling short of the 'absolute' and occupying a middle ground; common; ordinary.
honestum is 'morally right'; as a noun, 'moral goodness' (= honestas); its opposite is turpe, 'morally wrong.'
honestas is 'moral rectitude,'—'moral goodness'; 'morality'; its opposite turpitudo, 'moral wrong,' 'immorality.'
honestus, on the other hand, is always 'honourable'; and honores are always 'offices of honour.'
[C] For Panaetius was a Stoic, and the Stoics did not admit that there were any degrees of right or wrong.
[D] Cicero plays on the double meaning of honestum: (1) 'moral goodness,' and (2) 'honourable,' 'distinguished,' etc.
[E] Of course, 'good faith' and 'made good' have just as little etymological connection as fiat and fidem.
[F] The three wishes were: (1) safe return from Hades; (2) escape from the Labyrinth; (3) the death of Hippolytus.
[G] Each praetor, at his inauguration, announced publicly the principles and policies that should guide him in the administration of his office. These were the source of the Ius Praetorium, which explained and supplemented the common law (Ius Civile) and even modified its ancient rigour so as to conform with a more advanced public sentiment, and form a most valuable part of the body of Roman Law.
[H] This story is told of Cleomenes, King of Sparta (520-491 b.c.), in the war with Argos. (Plutarch, Apophth. Lacon. 223 A.)
[I] Lucius Aemilius Paulus (b.c. 168).
[J] κοινὰ τὰ (τῶν) φίλων (Plato, Phaedr. 279 C; Aristotle, Eth. VIII, 11).
[K] Antony and his associates.
[L] Caesar, Clodius, Catiline.
[N] As Cicero did at the expiration of his consulship.
[O] As Sulla did in his dictatorship. The contrast to Caesar is the more striking for Cicero's not mentioning it.
[P] e.g. Plato, Aristotle, Zeno, Pythagoras, Anaxagoras.
[Q] Such as Cicero's friend, Atticus, and Marcus Piso.
[R] The praises of Cicero for his overthrow of the conspiracy of Catiline.
[S] The laurels of the triumphant general.
[T] Such as the esteem and good-will of fellow-citizens; life, liberty, and the pursuit of happiness; the existence of the state and all the advantages it brings.
[U] Sacrificing public interests to personal glory.
[V] From the death of Pericles on.
[W] Such as the conspiracy of Catiline.
[X] The civil wars of Marius and Sulla, Caesar and Pompey.
[Y] The quality elsewhere expressed by Cicero with βαθύτης—'depth,' 'reserve,' the art of concealing and controlling one's feelings under an outward serenity of manner.
[AA] Decorum Cicero's attempt to translate πρέπον, means an appreciation of the fitness of things, propriety in inward feeling or outward appearance, in speech, behaviour, dress, etc. Decorum is as difficult to translate into English as πρέπον is to reproduce in Latin; as an adjective, it is here rendered by 'proper,' as a noun, by 'propriety.'
[AC] The Greek palaestra, a public school of wrestling and athletics, adopted by the Romans became a place of exercise where the youth were trained in gestures and attitudes, a nursery of foppish manners.
[AD] Like Pyrgopolinices in the Miles Gloriosus of Plautus, or Thraso in the Eunuchus of Terence.
[AE] Members of Caesar's party were now occupying the houses that had been the homes of Pompey's friends. Antony, for example, lived in Pompey's house.
[AF] The ludus talarius was a kind of low variety show, with loose songs and dances and bad music.
[AG] Cicero is guilty of a curious fallacy. If it follows from his premises, (1) some one virtue is the highest virtue, and (2) the duties derived from the highest virtue are the highest duties, and if (3) wisdom is the highest virtue, then it can only follow that the duties derived from wisdom are the highest duties. But Cicero throws in a fourth premise that the "bonds of union between gods and men and the relations of man to man" are derived from wisdom, and therewith sidetracks wisdom and gives the duties derived from the social instinct the place from which wisdom has been shunted.
Cicero could not refrain from introducing a bit of theoretical speculation that has no value for his practical position—it actually prejudices it and confuses the reader.
[AH] Such as Pompey, Cato, Hortensius, and Piso.
[AI] Aristotle and Theophrastus.
[AJ] That is, they make a false distinction between (1) moral rectitude that is at the same time expedient; (2) moral rectitude that is (apparently) not expedient; and (3) the expedient that is (apparently) not morally right.
[AK] Julius Caesar.
[AL] The Romans were accustomed to set up a spear as a sign of an auction-sale—a symbol derived from the sale of booty taken in war.
[AM] Now lost, though they were still known to Petrarch.
[AN] Cicero means by "kind services" the services of the lawyer; he was forbidden by law to accept a fee; his services, if he contributed them, were "acts of kindness."
[AO] At the age of 21 Crassus conducted the case against Gaius Papirius Carbo, a former supporter of the Gracchi. The prosecution was so ably conducted that Carbo committed suicide to escape certain condemnation.
[AP] A "capital charge" meant to the Roman a charge endangering a person's caput, or civil status. A conviction on such a charge resulted in his civil degradation and the loss of his privileges as a Roman citizen.
[AQ] Julius Caesar was a striking example of this.
[AR] Cicero evidently had in mind such instances as Sulla, Caesar, Antony, and Catiline—alieni appetens, sui profusus (Sall., Cat. V).
[AS] The as was a copper coin worth somewhat less than a penny. Selling grain to the people at such a price was practically giving it away to purchase their good-will.
[AT] The saving clause is added, because Cicero never filled the office of Censor.
[AU] Acts of kindness and personal service mean to Cicero throughout this discussion the services of the lawyer, which were voluntary and gratis.
[AV] This eminent jurist was Servius Sulpicius Lemonia Rufus, a close friend of Cicero, author of the well-known letter of condolence to Cicero on the death of his daughter Tullia.
[AW] The Italian or Social War, b.c. 100-88.
[AX] During the dictatorships of Sulla and Caesar.
[AY] Nearly two million pounds sterling.
[AZ] An assumed appeal to one of Caesar's edicts.
[BA] Caesar, it seems, had had some part in the schemes of Catiline in b.c. 63 and possibly in the plot of b.c. 66-65. When his conquests in Gaul had freed him from his debts and made him rich, his party, with his consent, passed (b.c. 49) the obnoxious legislation here referred to—that all interest in arrears should be remitted, and that that which had been paid should be deducted from the principal.
[BC] I.e., fills all the requirements of absolute perfection—an allusion to the Pythagorean doctrine that specific numbers stand for perfection of specific kinds; "absolute duty" combines them all.
[BD] I.e., there are no circumstances of loss or gain that can warrant a violation of justice.