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seemed more natural to transpose these epithets. Facilior ... ut probet: the usual construction is
with ad and the gerund; cf. De Div. II. 107, Brut. 180. Anaxagoras: he made no ??µ???µe?e?a?
of snow, but only of water, which, when pure and deep, is dark in colour. Concreta: so Manut.
for MSS. congregata. In 121 the MSS. give concreta without variation, as in N.D. II. 101, De
Div. I. 130, T.D. I. 66, 71.
§101. Impeditum: cf. 33, n. Movebitur: cf. moveri in 24. Non enim est: Cic. in the vast majority
of cases writes est enim, the two words falling under one accent like sed enim, et enim (cf. Corss.
Ausspr. II. 851); Beier on De Off. I. p. 157 (qu. by Halm) wishes therefore to read est enim, but
the MSS. both of the Lucullus and of Nonius agree in the other form, which Madv. allows to
stand in D.F. I. 43, and many other places (see his note). Cf. fragm. 22 of the Acad. Post. E
robore: so Nonius, but the MSS. of Cic. give here ebore. Dolatus: an evident imitation of Hom.
Od. T 163 ?? ?a? ap? d???? ess? pa?a?fat?? ??d' ap? pet???. Neque tamen habere: i.e. se putat.
For the sudden change from oratio recta to obliqua cf. 40 with n. Percipiendi notam: = ?a?a?t??
a t?? s???ta?ese?? in Sext. P.H. I. 191. For the use of the gerund cf. n. on 26, with Madv. Gram.
418, Munro on Lucr. I. 313; for propriam 34. Exsistere. cf. 36. Qui neget: see 79. Caput: a legal
term. Conclusio loquitur: cf. historiae loquantur (5), consuetudo loquitur (D.F. II. 48), hominis
institutio si loqueretur (ib. IV. 41), vites si loqui possint (ib. V. 39), patria loquitur (In Cat. I. 18,
27); the last use Cic. condemns himself in Orat. 85. Inquit: "quotha," indefinitely, as in 109, 115;
cf. also dicit in 79.
§102. Reprehensio est ... satis esse vobis: Bait. follows Madv. in placing a comma after est, and a
full stop at probabilia. Tamen ought in that case to follow dicimus, and it is noteworthy that in
his communication to Halm (printed on p. 854 of Bait., and Hahn's ed. of the philosophical
works, 1861) Madv. omits the word tamen altogether, nor does Bait. in adopting the suggestion
notice the omission. Ista diceret: "stated the opinions you asked for." Poetam: this both Halm
and Bait. treat as a gloss.
§103. For this section cf. Lucullus' speech, passim, and Sext. P.H. I. 227 sq. Academia ... quibus:
a number of exx. of this change from sing. to plural are given by Madv. on D.F. V. 16. Nullum:
on the favourite Ciceronian use of nullus for non see 47, 141, and Madv. Gram. 455, obs. 5. Illud
sit disputatum: for the construction cf. 98; autem is omitted with the same constr. in D.F. V. 79,
80. Nusquam alibi: cf. 50.
§104. Exposuisset adiungit: Madv. on D.F. III. 67 notices a certain looseness in the use of tenses,
which Cic. displays in narrating the opinions of philosophers, but no ex. so strong as this is
produced. Ut aut approbet quid aut improbet: this Halm rejects. I have noticed among recent
editors of Cic. a strong tendency to reject explanatory clauses introduced by ut. Halm brackets a
similar clause in 20, and is followed in both instances by Bait. Kayser, who is perhaps the most
extensive bracketer of modern times, rejects very many clauses of the kind in the Oratorical
works. In our passage, the difficulty vanishes when we reflect that approbare and improbare may
mean either to render an absolute approval or disapproval, or to render an approval or
disapproval merely based on probability. For example, in 29 the words have the first meaning, in
66 the second. The same is the case with nego and aio. I trace the whole difficulty of the passage
to the absence of terms to express distinctly the difference between the two kinds of assent. The
general sense will be as follows. "There are two kinds of ep???, one which prevents a man from
expressing any assent or disagreement (in either of the two senses above noticed), another which
does not prevent him from giving an answer to questions, provided his answer be not taken to
imply absolute approval or absolute disapproval; the result of which will be that he will neither
absolutely deny nor absolutely affirm anything, but will merely give a qualified 'yes' or 'no,'
dependent on probability." My defence of the clause impugned is substantially the same as that of
Hermann in the Philologus (vol. VII.), which I had not read when this note was first written.
Alterum placere ... alterum tenere: "the one is his formal dogma, the other is his actual practice."
For the force of this see my note on non probans in 148, which passage is very similar to this.
Neget ... aiat: cf. 97. Nec ut placeat: this, the MSS. reading, gives exactly the wrong sense, for
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