[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:
- by the same way, means
- 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
- quod ... daretur - relative clause of purpose (main reason)
- 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
- they have an adjective each - characteristic of genitives of quality/description
- 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