[30] - prosecution is invalid

1

… sunt autem duo crimina, auri et veneni; in quibus una atque eadem persona versatur.

  • auri, veneni - genitives of charge, aka genitive of penalty
    • verbs of accusation take the genitive of the thing they are being accused of (see rlg24)
    • not in the syllabus, so the HSC won't ask you what genitives they are
  • persona = character, like a character in a play
    • fitting in this context because Cicero will draw from characters in comedies
  • eadem:
    1. by the same way, means
    2. at the same time, likewise
  • versatur: PL 3rd passive

However there are two accusations, of gold and poison, in which one and the same character is involved.

2

aurum sumptum a Clodia, venenum quaesitum quod Clodiae daretur, ut dicitur.

  • daretur
    • quod ... daretur - relative clause of purpose (main reason)
      • the poison was acquired for the purpose of giving to clodia
      • the poison which was to be given to Clodia
    • subjunctive of allegation (lesser reason)
      • in section 32 he repeats stuff prosecution said without using subjunctive allegation
  • sumptum a Clodia - esse ommitted from indirect statement, kind of common of Cicero

The gold was taken from Clodia, the searched-for poison which was to be given to Clodia, as it is said [by the prosecution].

3

omnia sunt alia non crimina, sed maledicta, iurgi petulantis magis quam publicae quaestionis.

  • iurgi, quaestionis - genitives of quality/description describing maledicta
    • they have an adjective each - characteristic of genitives of quality/description
      • characteristic because you are making a statement on what sort of quality the genitive is
    • and also because stuff compared with quam are in the same case
  • iurgium, iurgi, iurgii quarrel, brawl
  • magis mage adv more

All others are not accusations, but insults, of an impudent quarrel rather than of a public trial.

4

‘adulter, impudicus, sequester’ convicium est, non accusatio; nullum est enim fundamentum horum criminum, nulla sedes; voces sunt contumeliosae temere ab irato accusatore nullo auctore emissae.

  • cintumelia -ae f (verbal) insult (physical) assault
  • nullo auctore ablative absolute with present participle of "to be" ommitted
  • "sequester" - refers to how in the Pompeii thing, Caelius wasn't the main actor but like a helper

"Adulterer, shameless, middleman" is an insult, not an accusation; in fact, nothing is the foundation of these crimes, no ground; they are insulting voices thoughtlessly sent out by an angry accuser with no authority.

commentary

Opening Tone

  • matter of fact
  • redirecting the focus to Clodia/bringing her into the matter
  • trivialising what Clodia experiences
    • lexical chain of words reducing Clodia's persecution to insults

sunt autem duo crimina, auri et veneni; in quibus una atque eadem persona versatur. aurum sumptum a Clodia, venenum quaesitum quod Clodiae daretur, ut dicitur. omnia sunt alia non crimina, sed maledicta, iurgi petulantis magis quam publicae quaestionis. ‘adulter, impudicus, sequester’ convicium est, non accusatio; nullum est enim fundamentum horum criminum, nulla sedes; voces sunt contumeliosae temere ab irato accusatore nullo auctore emissae.

why is it useful for Cicero to attack Clodia?

  • it was considered nefas for prostitutes to testify