A History of Roman Classical Literature.Browne, R. W. (Robert William)
History
A History of Roman Classical Literature.
Browne, R. W. (Robert William)
Latin literature -- History and criticism
Hence the complicated principles of jurisprudence and of the Roman
constitution became a necessary part of a liberal education. The
brilliant orator, indeed, did sometimes affect to look down with
contempt on such black-letter and antiquarian lore, and stigmatize it as
pedantry;[422] but still common sense compelled the sober-minded to
acknowledge the necessity of the study. They saw that in the courts
eloquence could only be considered as the handmaid to legal knowledge,
even though the saying of Quintilian were true—“_Et leges ipsæ nihil
valent nisi actoris idoneâ voce munitæ_.”[423] When, therefore, a Roman
youth had completed his studies under his teacher of rhetoric, he not
only frequented the forum in order to learn the practical application of
the oratorical principles which he had acquired, and frequently took
some celebrated orator as a model, but also studied the principles of
jurisprudence under an eminent jurist, and attended the consultations in
which they gave to their clients their expositions of law. In fact the
young Roman acquired his legal knowledge in the _atrium_ of the
jurisconsult, somewhat in the same manner that the law student of the
present day pursues his education in the chambers of a barrister. He
studied the subject practically and empirically rather than in its
theory and general principles.
Almost all the knowledge which we possess is derived from the labours of
writers who flourished long after constitutional liberty had expired.
The earliest systematic works on Roman law were the Enchiridion or
Manual of Pomponius, and the Institutes of Gaius, who flourished in the
times of Hadrian and the Antonines. Both these works were for a long
time lost, although numerous fragments were preserved in the Pandects or
Digest of Justinian. In 1816, however, Niebuhr discovered a palimpsest
MS., in which the Epistles of St. Jerome were written over the erased
Institutes of Gaius. But owing to the decisions and interpretations of
the great practising jurists, to the want of any system of reporting and
recording, and to the numerous misunderstandings of the Roman historians
respecting the laws and constitutional history of their country, the
whole subject long continued in a state of confusion: new contradictory
theories had been gradually introduced, and old difficulties had not
been explained and reconciled. Gian Baptista Vico, in his _Scienza
Nova_, was the first who dispelled the clouds of error and reduced it to
a system; and his example was afterwards so successfully followed by
Niebuhr, that modern students can understand the subject more clearly,
and have a more comprehensive antiquarian knowledge of it, than the
writers of the Augustan age.
Public-domain text, read in full here on John Shaqi.
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