[§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 ου γαρ απο δριος εσσι παλαιφατου ουδ' απο πετρης. Neque tamen habere: i.e. se putat. For the sudden change from oratio recta to obliqua cf. [40] with n. Percipiendi notam: = χαρακτηρα της συγκταθεσεως 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 εποχη, 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 Clitomachus did allow such visa to stand as were sufficient to serve as a basis for action. Hermann's neu cui labours under the same defect. Various emendations are nam cum (Lamb., accepted by Zeller 522), hic ut (Manut.), et cum (Dav. followed by Bait.), sed cum (Halm). The most probable of these seems to me that of Manut. I should prefer sic ut, taking ut in the sense of "although." Respondere: "to put in as an answer," as in [93] and often. Approbari: sc. putavit. Such changes of construction are common in Cic., and I cannot follow Halm in altering the reading to approbavit.
[§105]. Lucem eripimus: cf. [30].
[§§105]—[111]. Summary. You must see, Lucullus, by this time, that your defence of dogmatism is overthrown ([105]). You asked how memory was possible on my principles. Why, did not Siron remember the dogmas of Epicurus? If nothing can be remembered which is not absolutely true, then these will be true ([106]). Probability is quite sufficient basis for the arts. One strong point of yours is that nature compels us to assent. But Panaetius doubted even some of the Stoic dogmas, and you yourself refuse assent to the sorites, why then should not the Academic doubt about other things? ([107]) Your other strong point is that without assent action is impossible ([108]). But surely many actions of the dogmatist proceed upon mere probability. Nor do you gain by the use of the hackneyed argument of Antiochus ([109]). Where probability is, there the Academic has all the knowledge he wants ([110]). The argument of Antiochus that the Academics first admit that there are true and false visa and then contradict themselves by denying that there is any difference between true and false, is absurd. We do not deny that the difference exists; we do deny that human faculties are capable of perceiving the difference ([111]).
[105]. Inducto ... prob.: so Aug. Cont Ac. II. 12 Soluto, libero: cf. n. on [8]. Implicato: = impedito cf. [101]. Iacere: cf. [79]. Isdem oculis: an answer to the question nihil cernis? in [102]. Purpureum: cf. fragm. [7] of the Acad. Post. Modo caeruleum ... sole: Nonius (cf. fragm. [23]) quotes tum caeruleum tum lavum (the MSS. in our passage have flavum) videtur, quodque nunc a sole. C.F. Hermann would place mane ravum after quodque and take quod as a proper relative pronoun, not as = "because." This transposition certainly gives increased clearness. Hermann further wishes to remove a, quoting exx. of collucere without the prep., which are not at all parallel, i.e. Verr. I. 58, IV. 71. Vibrat: with the ανηριθμον γελασμα of Aeschylus. Dissimileque: Halm, followed by Bait., om. que. Proximo et: MSS. have ei, rightly altered by Lamb., cf. e.g. De Fato 44. Non possis ... defendere: a similar line is taken in [81].
[§106]. Memoria: cf. [22]. Polyaenus: named D.F. I. 20, Diog. X. 18, as one of the chief friends of Epicurus. Falsum quod est: Greek and Latin do not distinguish accurately between the true and the existent, the false and the non existent, hence the present difficulty; in Plato the confusion is frequent, notably in the Sophistes and Theaetetus. Si igitur: "if then recollection is recollection only of things perceived and known." The dogmatist theory of μνημη and νοησις is dealt with in exactly the same way by Sext. P.H. II. 5, 10 and elsewhere, cf. also Plat Theaet. 191 sq. Siron: thus Madv. on D.F. II. 119 writes the name, not Sciron, as Halm. Fateare: the em. of Dav. for facile, facere, facias of MSS. Christ defends facere, thinking that the constr. is varied from the subj. to the inf. after oportet, as after necesse est in [39]. For facere followed by an inf. cf. M.D.F. IV. 8. Nulla: for non, cf. [47], [103].
[§107]. Fiet artibus: n. on [27] for the constr., for the matter see [22]. Lumina: "strong points." Bentl. boldly read columina, while Dav. proposed vimina or vincula. That an em. is not needed may be seen from D.F. II. 70. negat Epicurus (hoc enim vestrum lumen est) N.D. I. 79, and [43] of this book. Responsa: added by Ernesti. Faber supplies haruspicia, Orelli after Ern. haruspicinam, but, as Halm says, some noun in the plur. is needed. Quod is non potest: this is the MSS. reading, but most edd. read si is, to cure a wrong punctuation, by which a colon is placed at perspicuum est above, and a full stop at sustineat. Halm restored the passage. Habuerint: the subj. seems due to the attraction exercised by sustineat. Bait. after Kayser has habuerunt. Positum: "when laid down" or "assumed."
[§108]. Alterum est quod: this is substituted for deinde, which ought to correspond to primum above. Actio ullius rei: n. on actio rerum in [62], cf. also [148]. Adsensu comprobet: almost the same phrase often occurs in Livy, Sueton., etc. see Forc. Sit etiam: the etiam is a little strange and was thought spurious by Ernesti. It seems to have the force of Eng. "indeed", "in what indeed assent consists." Sensus ipsos adsensus: so in I. [41] sensus is defined to be id quod est sensu comprehensum, i.e. καταληψις, cf. also Stobaeus I. 41, 25 αισθητικη γαρ φαντασια συγκαταθεσις εστι. Appetitio: for all this cf. [30]. Et dicta ... multa: Manut. ejected these words as a gloss, after multa the MSS. curiously add vide superiora. Lubricos sustinere: cf. [68] and [94]. Ita scribenti ... exanclatum: for the om. of esse cf. [77], [113] with notes. Herculi: for this form of the gen. cf. Madv. on D.F. I. 14, who doubts whether Cic. ever wrote -is in the gen. of the Greek names in -es. When we consider how difficult it was for copyists not to change the rarer form into the commoner, also that even Priscian (see M.D.F. V. 12) made gross blunders about them, the supposition of Madv. becomes almost irresistible. Temeritatem: προπετειαν, εικαιοτητα.