[1]: The Latin is quorum alteram vereor, alteram metuo, vereor expressing a slighter degree of alarm than metuo or timeo, and also one arising rather from the character and dignity of the adversary, than from any apprehension of consequences to oneself.
[2]: It is not known what this legatio was.
[3]: Their names were Lucius Lucilius, Publius Quintilius, and Marcus Marcellus; The judex was generally aided by advisers learned in the law, (jurisconsulti,) who were said in concilio adesse, but the judex alone was empowered to give judgment. Smith, Dict. Ant. v. Judex.
[4]: The Latin has caput, which in a legal sense expresses not only a man’s life, but also his status or civil condition; to be registered in the census was caput habere; to change one’s rank, capite, &c. diminuere. And so a trial which affected not only a citizen’s life, but his rank or liberty, was called judicium capitale.
[5]: Because if it were decided that Quinctius had forfeited his recognizances, infamia was the consequence.
[6]: The office of praeco was so little reputable that before Cicero’s death a law was passed to prevent all persons who had been praecones from becoming decuriones in the municipia. Under the emperors, however it became very profitable.
[7]: The Hall of Licinius, i.e. Licinius Crassus, was the celebrated one where he erected four columns of Hymettian marble, for the theatrical shows in his aedileship, and was one of the common resorts of auctioneers and criers.
[8]: Coelum non animum mutant qui trans mare currunt. —;Hor. Epist. 1, ii. 27.
[9]: The Latin has arbitrium pro socio condemnari, on which Graevius says, Arbitrium pro socio, is a formula of law, by which is signified an action and trial in a case of partnership if any one had cheated his partner; and Cicero means that Naevius was as industrious in cheating his partner, as if those who did not cheat were liable to be condemned, and not those who did cheat.
[10]: The Latin has quia postulat non flagitat, both words being nearly synonymous, but flagito being evidently a stronger word than postulo.
[11]: Some have wished to alter ad Castoris here to a quaestoribus; but the temple of Castor was a place where much money was kept:—Æratâ Æratâ multus in arca Fiscus et ad vigilem ponendi Castora nummi.—Juv. xiv. 260. and the precincts were accordingly much frequented by men skillful in computing accounts, and the exchange of money.
[12]: Lit. recognizances were entered into. When the praetor had granted an action, the plaintiff required the defendant to give security for his appearance before the praetor on a stated day, commonly the day but one after the in jus vocatio.
[13]: If either party did not appear on the appointed day, he was said vadimonium deserere, and the praetor gave to the other party the bonorum possessio. Vide Smith’s Dict. Ant. p. 9. v. Actio.
[14]: There is an allusion here to the fights of gladiators, in which the people disapproved of that gladiator who aimed too constantly at the vital parts of his adversary, so as to make the combat short. There is a pun here, caput meaning the head or life of the gladiator, and also the condition of a citizen.
[15]: Because the giving security now would be an admission that he had forfeited his recognizances before; which was liable to be punished with infamia
[16]: He means Hortensius.
[17]: He mentions in the Brutus that he was at this time in a very delicate state of health. Erat eo tempore in nobis summa gracilitas et infirmitas corporis. Brutus, 313.
[18]: In many cases both plaintiff and defendant might be required to give security, (satis dare.) Smith, Dict. Ant. p.10, V. Actio.
[19]: With respect to its subject matter the actio was divided into two great divisions, the in personam actio and the in rem actio. The former was against a person who was bound to the plaintiff by contract or delict the latter applied to those cases where a man claimed a property or a right. Smith, Dict. Ant. p.7.
[20]: Most of the commentators consider this passage corrupt, and propose various emendations of it. I have however thought it safer to adhere to the text of the MSS. as it stands in Orellius.
[21]: Intercedo was the technical word for the interposition of the tribunes.
[22]: The text is undoubtedly corrupt here. Some read haereret, some cederet. I have adopted the text of Orellius; but the meaning is not very plain.
[23]: Because the matter in dispute was really a money matter, but the praetor ordered the trial to proceed de probro.—Hottoman.
[24]: Nomen is especially used in reference to debts, because not only the amount of the debts, but also the name of the debtor is entered in the account books. Riddle’s Dict. in v. Nomen.
[25]: Intentio was the technical legal term for the claim made by the plaintiff.
[26]: Gallonius was a crier also, branded by Horace as notorious for extravagance and luxury. Galloni praeconis erat acipensere mensa Infamis.—Hor. Sat. 2.2.47.