The reference in this passage to a legal procedure is rather curious, as
is the connected reference in 41-42. But it is clear from Ovid's verse
that he had a solid practical expertise and interest in law. In his
youth he had been one of the _tresuiri monetales_ or _capitales_ (_Tr_
IV x 33-34), and had also served in the centumviral court (_Tr_ II
93-94; _EP_ III v 23-24). He must have been known for his knowledge of
law as well as for his fairness in order to be selected as arbitrator in
private cases: 'res quoque priuatas statui sine crimine iudex, / deque
mea fassa est pars quoque uicta fide' (_Tr_ II 95-96). E. J. Kenney has
presented some interesting statistics concerning the frequent occurrence
of legal terms in Ovid's poetry ("Ovid and the Law", _Yale Classical
Studies_ XXI [1969] 241-63) comparing the number of occurrences of
certain legal terms in Ovid and in Lucretius, Catullus, Virgil,
Propertius, Tibullus, and the _Odes_ of Horace. _Ius_ and _lex_ are not
much more common in Ovid than in the other poets (the proportions being
134:59 and 74:60 respectively for Ovid and the other poets combined);
this is not surprising, since these common words could hardly be
considered technical terms. _Arbiter_ (7:4) and _lis_ (23:10) are not
much more common in Ovid than in the other poets. But it will be seen
from the following list how fond Ovid was of legal terminology:
_legitimus_ (16:0), _iudex_ (47:12), _iudicium_ (39:7), _index_ (26:1),
_indicium_ (36:8), _arbitrium_ (23:6), _reus_ (23:5), _uindex_ (26:5),
_uindicare_ (16:6), _uindicta_ (11:0), _asserere_ (3:0), _assertor_
(1:0). Compare as well the play on legal terminology at _AA_ I 83-86
(with Hollis's notes), and the use of such terms as _addicere_ (_Met_ I
617), _fallere depositum_ (_Met_ V 480 & IX 120), _usus communis_ (_Met_
VI 349), _transcribere_ (_Met_ VII 173), _primus heres_ (_Met_ XIII
154), _rescindere_ (_Met_ XIV 784), _accensere_ (_Met_ XV 546),
_subscribere_ (_Tr_ I ii 3), _sub condicione_ (_Tr_ I ii 109), and
_acceptum referre_ (_Tr_ II 10).
=13. OPES ... PATERNAS.= Pompeius appears to have been very wealthy. Seneca
speaks of the wealth of a Pompeius (presumably the son of Ovid's
patron--so Syme _Ten Studies_ 82, _HO_ 162), who was murdered by Gaius
Caligula (_Tranq_ 11 10).
=13. REM PARVAM= _MHIT_ PARVAM REM _BCFL_. Either reading is possible
enough. On balance, I believe _paruam rem_ to be an intentional scribal
alteration to avoid the incidence of a spondaic word in the fourth foot
of the hexameter; for a discussion of the phenomenon, see at i 11
_uellem cum_ (p 150).
In an older poet, the alliteration of _paruam pone paternas_ would be a
strong argument for the reading (see page 15 of Munro's introduction to
his commentary on Lucretius), but Ovid did not use the device in his
poetry.
Public-domain text, read in full here on John Shaqi.
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