[§93]. Frangite: in later Gk. generally απολυειν. Erunt ... cavetis: this form of the conditional sentence is illustrated in Madv. D.F. III. 70, Em. Liv. p. 422, Gram. 340, obs. 1. Goer. qu. Terence Heaut. V. 1, 59 quot incommoda tibi in hac re capies nisi caves, cf. also [127], [140] of this book. The present is of course required by the instantaneous nature of the action. Chrysippo: he spent so much time in trying to solve the sophism that it is called peculiarly his by Persius VI. 80. inventus, Chrysippe, tui finitor acervi. The titles of numerous distinct works of his on the Sorites and Mentiens are given by Diog. Tria pauca sint: cf. the instances in Sext. A.M. VII. 418 τα πεντηκοντα ολιγα εστιν, τα μυρια ολιγα εστιν, also Diog. VII. 82 ‛ησυχαζειν the advice is quoted in Sext. P.H. II. 253 (δειν ‛ιστασθαι και επεχειν), A.M. VII. 416 (‛ο σοφος στησεται και ‛ησυχασει). The same terms seem to have been used by the Cynics, see Sext. P.H. II. 244, III. 66. Stertas: imitated by Aug. Contra Ac. III. 25 ter terna novem esse ... vel genere humano stertente verum sit, also ib. III. 22. Proficit: Dav. proficis, but Madv. rightly understands το ‛ησυχαζειν (Em. 184), cf. N.D. II. 58. Ultimum ... respondere: "to put in as your answer" cf. the use of defendere with an accus. "to put in as a plea". Kayser suggests paucorum quid sit.
[§94]. Ut agitator: see the amusing letter to Atticus XIII. 21, in which Cic. discusses different translations for the word επεχειν, and quotes a line of Lucilius sustineat currum ut bonu' saepe agitator equosque, adding semperque Carneades προβολην pugilis et retentionem aurigae similem facit εποχη. Aug. Contra Ac. trans. εποχη by refrenatio cf. also Lael. 63. Superbus es: I have thus corrected the MSS. responde superbe; Halm writes facis superbe, Orelli superbis, which verb is hardly found in prose. The phrase superbe resistere in Aug. Contra Ac. III. 14 may be a reminiscence. Illustribus: Bait. with some probability adds in, comparing in decimo below, and [107], cf. however Munro on Lucr. I. 420. Irretiat: parallel expressions occur in T.D. V. 76, De Or. I. 43, De Fato 7. Facere non sinis: Sext. P.H. II. 253 points the moral in the same way. Augentis nec minuentis: so Halm for MSS. augendi nec minuendi, which Bait. retains. I cannot believe the phrase primum augendi to be Latin.
[§95]. Tollit ... superiora: cf. Hortensius fragm. 19 (Orelli) sed ad extremum pollicetur prolaturum qui se ipse comest quod efficit dialecticorum ratio. Vestra an nostra: Bait. after Christ needlessly writes nostra an vestra. αξιωμα: "a judgment expressed in language"; cf. Zeller 107, who gives the Stoic refinements on this subject. Effatum: Halm gives the spelling ecfatum. It is probable that this spelling was antique in Cic.'s time and only used in connection with religious and legal formulae as in De Div. I. 81, De Leg. II. 20, see Corss. Ausspr. I. 155 For the word cf. Sen. Ep. 117 enuntiativum quiddam de corpore quod alii effatum vocant, alii enuntiatum, alii edictum, in T.D. I. 14 pronuntiatum is found, in De Fato 26 pronuntiatio, in Gellius XVI. 8 (from Varro) prologium. Aut verum esse aut falsum: the constant Stoic definition of αξιωμα, see Diog. VII. 65 and other passages in Zeller 107. Mentiris an verum dicis: the an was added by Schutz on a comparison of Gellius XVIII. 10 cum mentior et mentiri me dico, mentior an verum dico? The sophism is given in a more formally complete shape in De Div. II. 11 where the following words are added, dicis autem te mentiri verumque dicis, mentiris igitur. The fallacy is thus hit by Petrus Valentia (p. 301, ed Orelli), quis unquam dixit "ego mentior" quum hoc ipsum pronuntiatum falsum vellet declarare? Inexplicabilia: απορα in the Greek writers. Odiosius: this adj. has not the strong meaning of the Eng. "hateful," but simply means "tiresome," "annoying." Non comprehensa: as in [99], the opposite of comprehendibilia III. 1, 41. The past partic. in Cic. often has the same meaning as an adj. in -bilis. Faber points out that in the Timaeus Cic. translates αλυτος by indissolutus and indissolubilis indifferently. Imperceptus, which one would expect, is found in Ovid.
[§96]. Si dicis: etc. the words in italics are needed, and were given by Manut. with the exception of nunc which was added by Dav. The idea of Orelli, that Cic. clipped these trite sophisms as he does verses from the comic writers is untenable. In docendo: docere is not to expound but to prove, cf. n. on [121]. Primum ... modum: the word modus is technical in this sense cf. Top. 57. The προτος λογος αναποδεικτος of the Stoic logic ran thus ει ‛ημερα εστι, φως εστιν ... αλλα μην ‛ημερα εστιν φως αρα εστιν (Sext. P.H. II. 157, and other passages qu. Zeller 114). This bears a semblance of inference and is not so utterly tautological as Cic.'s translation, which merges φως and ‛ημερα into one word, or that of Zeller ([114], note). These arguments are called μονολημματοι (involving only one premise) in Sext. P.H. I. 152, 159, II. 167. Si dicis te mentiri, etc.: it is absurd to assume, as this sophism does, that when a man truly states that he has told a lie, he establishes against himself not merely that he has told a lie, but also that he is telling a lie at the moment when he makes the true statement. The root of the sophism lies in the confusion of past and present time in the one infinitive mentiri. Eiusdem generis: the phrase te mentiri had been substituted for nunc lucere. Chrysippea: n. on [93]. Conclusioni: on facere with the dat. see n. on [27]. Cederet: some edd. crederet, but the word is a trans. of Gk. εικειν; n. on [66]. Conexi: = συνημμενον, cf. Zeller 109. This was the proper term for the hypothetical judgment. Superius: the συνημμενον consists of two parts, the hypothetical part and the affirmative—called in Greek ‛ηγουμενον and ληγον; if one is admitted the other follows of course.
[§97]. Excipiantur: the legal formula of the Romans generally directed the iudex to condemn the defendant if certain facts were proved, unless certain other facts were proved; the latter portion went by the name of exceptio. See Dict. Ant. Tribunum ... adeant: a retort upon Lucullus; cf. [13]. The MSS. have videant or adeant; Halm conj. adhibeant, comparing [86] and Pro Rabirio 20. Contemnit: the usual trans. "to despise" for contemnere is too strong; it means, like ολιγωρειν, merely to neglect or pass by. Effabimur; cf. effatum above. Hermarchus: not Hermachus, as most edd.; see M.D.F. II. 96. Diiunctum: διεζευγμενον, for which see Zeller 112. Necessarium: the reason why Epicurus refused to admit this is given in De Fato 21 Epicurus veretur ne si hoc concesserit, concedendum sit fato fieri quaecumque fiant. The context of that passage should be carefully read, along with N.D. I. 69, 70. Aug. Contra Ac. III. 29 lays great stress on the necessary truth of disjunctive propositions. Catus: so Lamb. for MSS. cautus. Tardum: De Div. II. 103 Epicurum quem hebetem et rudem dicere solent Stoici; cf. also ib. II. 116, and the frequent use of βραδυς in Sext., e.g. A.M. VII. 325. Cum hoc igitur: the word igitur, as usual, picks up the broken thread of the sentence. Id est: n. on I. [8]. Evertit: for the Epicurean view of Dialectic see R. and P. 343. Zeller 399 sq., M.D.F. I. 22. E contrariis diiunctio: = διεζευγμενον εξ εναντιων.
[§98]. Sequor: as in [95], [96], where the Dialectici refused to allow the consequences of their own principles, according to Cic. Ludere: this reminds one of the famous controversy between Corax and Tisias, for which see Cope in the old Journal of Philology. No. 7. Iudicem ... non iudicem: this construction, which in Greek would be marked by μεν and δε, has been a great crux of edd.; Dav. here wished to insert cum before iudicem, but is conclusively refuted by Madv. Em. 31. The same construction occurs in [103]. Esse conexum: with great probability Christ supposes the infinitive to be an addition of the copyists.
[§§98]—[105]. Summary. In order to overthrow at once the case of Antiochus, I proceed to explain, after Clitomachus, the whole of Carneades' system ([98]). Carneades laid down two divisions of visa, one into those capable of being perceived and those not so capable, the other into probable and improbable. Arguments aimed at the senses concern the first division only; the sapiens will follow probability, as in many instances the Stoic sapiens confessedly does ([99], [100]). Our sapiens is not made of stone; many things seem to him true; yet he always feels that there is a possibility of their being false. The Stoics themselves admit that the senses are often deceived. Put this admission together with the tenet of Epicurus, and perception becomes impossible ([101]). It is strange that our Probables do not seem sufficient to you. Hear the account given by Clitomachus ([102]). He condemns those who say that sensation is swept away by the Academy; nothing is swept away but its necessary certainty ([103]). There are two modes of withholding assent; withholding it absolutely and withholding it merely so far as to deny the certainty of phenomena. The latter mode leaves all that is required for ordinary life ([104]).
[98]. Tortuosum: similar expressions are in T.D. II. 42, III. 22, D.F. IV. 7. Ut Poenus: "as might be expected from a Carthaginian;" cf. D.F. IV. 56, tuus ille Poenulus, homo acutus. A different meaning is given by the ut in passages like De Div. II. 30 Democritus non inscite nugatur, ut physicus, quo genere nihil arrogantius; "for a physical philosopher."
[§99]. Genera: here = classifications of, modes of dividing visa. This way of taking the passage will defend Cic. against the strong censure of Madv. (Pref. to D.F. p. lxiii.) who holds him convicted of ignorance, for representing Carneades as dividing visa into those which can be perceived and those which cannot. Is it possible that any one should read the Academica up to this point, and still believe that Cic. is capable of supposing, even for a moment, that Carneades in any way upheld καταληψις? Dicantur: i.e. ab Academicis. Si probabile: the si is not in MSS. Halm and also Bait. follow Christ in reading est, probabile nihil esse. Commemorabas: in [53], [58]. Eversio: cf. D.F. III. 50 (the same words), Plat. Gorg. 481 C ‛ημων ‛ο βιος ανατετραμμενος αν ειη, Sext. A.M. VIII. 157 συγχεομεν τον βιον. Et sensibus: no second et corresponds to this; sic below replaces it. See Madv. D.F. p. 790, ed. 2. Quicquam tale etc.: cf. [40], [41]. Nihil ab eo differens: n. on [54]. Non comprehensa: n. on [96].
[§100]. Si iam: "if, for example;" so iam is often used in Lucretius. Probo ... bono: it would have 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 ‛ομοιομερειαι 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.