[361] Pro tectis, ‘on the edge of the roofs.’
[362] Anceps malum, ‘the double attack;’ namely, the one made on even ground, and that from the roofs.
[363] Respecting the connection of nisi — videtur, instead of the complete expression nisi hoc constat — eum videri, see p. 92, note 2 [[note 153]]. Intestabilis, properly, ‘a person unfit to give his evidence, and incapable of making a will;’ hence, according to Roman usage, equivalent to ‘infamous;’ detestabilis, which also properly signifies ‘one deserving to be excluded in the will,’ or ‘to be disinherited.’
[68.]
[364] ‘Declining everything;’ that is, refusing to obey any order that was given them.
[365] Passuum might also be passus. See Zumpt, § 116, note.
[366] In primo, ‘at the head,’ or ‘in front,’ the line being spread out (late), so as to conceal the infantry marching behind the cavalry.
[69.]
[367] ‘The whole town was given up to punishment or booty.’ We cannot say urbs poenae fuit alone; but the dative poenae is explained by the common expression praedae fuit, with which it is connected.
[368] ‘Ordered to defend himself’ against the charge of treachery which was brought against him. For a reus (a person standing accused of a crime) causam dicit; that is, conducts his case, or defends himself. Turpilius was condemned by the war council, and paid the forfeit with his life, after having previously been scourged. This ancient severity, according to which the condemned was bound to a post, and scourged with rods on his naked body, had been abolished by a lex Porcia for Roman citizens. See page 52, note 5 [[note 260]]. For this reason Sallust adds the remark, that Turpilius was a citizen from Latium; that is, he did not possess the full Roman franchise, but only that part of it which was not incompatible with his retaining the franchise in some Latin town. Such half-citizens or Latins, to whom the Roman franchise was given in this manner, that thereby they acquired the right to settle in the territory of Rome, and become members of a Roman tribe, provided they renounced their Latin franchise, were at that time still very numerous; but they ceased to exist in B.C. 91, when what were called the Latin towns received the Roman franchise.
[70.]
[369] ‘He tormented himself day and night with the thought.’ Respecting this paraphrase of one’s own person by the word animus, see Zumpt, § 678.
[370] Quae Jugurthae — superaverant, ‘which had been left for Jugurtha;’ that is, which he himself had not been able to accomplish.
[371] ‘That the open country might not be laid waste by the enemy in such a manner as to leave the enemy unpunished’ (inultis).
[372] Metusque — impediebat. The imperfect describes the lasting condition of the matter, while the perfect, venit, expresses the momentary act, and the clause metus impediebat represents an inserted clause denoting cause: metus enim rem impediebat.
[373] Bomilcar was seized with fear in consequence of the timidity shown by Nabdalsa.
[374] In quîs — accusare. The historical infinitive in a relative clause is very rare, but in quîs here supplies the place of et in his.
[375] ‘The question only was, whether Jugurtha should perish by their (that is, Bomilcar and Nabdalsa’s) valour, or by that of Metellus,’ since his doom was fixed at all events. Id agitari for id agi, which in this sense is far more frequent.
[71.]
[376] Allatae; supply essent, an ellipsis, which is not very common after a conjunction, governing the subjunctive.
[377] Solet, supply capere.
[378] Repperit; for the orthography of this word, see Zumpt, § 22.
[379] Res praevenitur, ‘a thing is anticipated,’ or ‘something is done previously,’ is found very rarely instead of occupatur. Homo praevenitur, ‘a person is anticipated in a thing,’ is more common.
[380] Super, the same as de. See Zumpt, § 320.