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De Off. I. 83, and expressions like actio vitae (N.D. I. 2), actio ullius rei (108 of this book), and
the similar use of actus in Quintilian (Inst. Or. X. 1, 31, with Mayor's n.) Iuratusque: Bait.
possibly by a mere misprint reads iratus. Comperisse: this expression of Cic., used in the senate
in reference to Catiline's conspiracy, had become a cant phrase at Rome, with which Cic. was
often taunted. See Ad Fam. V. 5, 2, Ad Att. I. 14, 5. Licebat: this is the reading of the best MSS.,
not liquebat, which Goer., Kl., Or. have. For the support accorded by Lucullus to Cic. during the
conspiracy see 3, and the passages quoted in Introd. p. 46 with respect to Catulus, in most of
which Lucullus is also mentioned.
§63. Quod ... fecerat, ut: different from the constr. treated by Madv. Gram. 481 b. Quod refers
simply to the fact of Lucullus' admiration, which the clause introduced by ut defines, "which
admiration he had shown ... to such an extent that, etc." Iocansne an: this use of ne ... an implies,
Madv. says (on D.F. V. 87), more doubt than the use of ne alone as in vero falsone. Memoriter:
nearly all edd. before Madv. make this mean e memoria as opposed to de scripto; he says,
"laudem habet bonae et copiosae memoriae" (on D.F. I. 34). See Krebs and Allgayer in the
Antibarbarus, ed. 4. Censuerim: more modest than censeo, see Madv. Gram. 380. Tantum enim
non te modo monuit: edd. before Madv., seeing no way of taking modo exc. with non, ejected it.
Madv. (Em. 160) retains it, making it mean paulo ante. On the other hand, Halm after Christ
asserts that tantum non = µ???? ?? occurs nowhere else in Cic. Bait. therefore ejects non, taking
tantum as hoc tantum, nihil praeterea. Livy certainly has the suspected use of tantum non.
Tribunus: a retort comes in 97, 144. Antiochum: cf. I. 13. Destitisse: on the difference between
memini followed by the pres. and by the perf. inf. consult Madv. Gram. 408 b, obs. 2.
§§64—71. Summary. Cic. much moved thus begins. The strength of Lucullus
argument has affected me much, yet I feel that it can be answered. First, however, I
must speak something that concerns my character (64). I protest my entire sincerity
in all that I say, and would confirm it by an oath, were that proper (65). I am a
passionate inquirer after truth, and on that very account hold it disgraceful to assent
to what is false. I do not deny that I make slips, but we must deal with the sapiens,
whose characteristic it is never to err in giving his assent (66). Hear Arcesilas'
argument: if the sapiens ever gives his assent he will be obliged to opine, but he
never will opine therefore he never will give his assent. The Stoics and Antiochus
deny the first of these statements, on the ground that it is possible to distinguish
between true and false (67). Even if it be so the mere habit of assenting is full of
peril. Still, our whole argument must tend to show that perception in the Stoic sense
is impossible (68). However, a few words first with Antiochus. When he was
converted, what proof had he of the doctrine he had so long denied? (69) Some
think he wished to found a school called by his own name. It is more probable that
he could no longer bear the opposition of all other schools to the Academy (70). His
conversion gave a splendid opening for an argumentum ad hominem (71).
§64. Quadam oratione: so Halm, also Bait. after the best MSS., not quandam orationem as
Lamb., Orelli. De ipsa re: cf. de causa ipsa above. Respondere posse: for the om. of me before
the infin, which has wrongly caused many edd. either to read respondere (as Dav., Bait.) or to
insert me (as Lamb.), see n. on I. 7.
§65. Studio certandi: = f????e???a. Pertinacia ... calumnia: n. on 14. Iurarem: Cic. was thinking
of his own famous oath at the end of his consulship.
§66. Turpissimum: cf. I. 45, N.D. I. 1. Opiner: opinio or d??a is judgment based on insufficient
grounds. Sed quaerimus de sapiente: cf. 115, T.D. IV. 55, 59 also De Or. III. 75 non quid ego sed
quid orator. Magnus ... opinator: Aug. Contra Acad. III. 31 qu. this passage wrongly as from the
Hortensius. He imitates it, ibid. I. 15 magnus definitor. Qua fidunt, etc.: these lines are part of
Cic.'s Aratea, and are quoted in N.D. II. 105, 106. Phoenices: the same fact is mentioned by Ovid,
Fasti III. 107, Tristia IV. 3, 1. Sed Helicen: the best MSS. om. ad, which Orelli places before
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