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
The earliest Roman laws were the _Leges Regiæ_, which were collected and
codified by Sextus Papirius, and were hence called the Papirian Code.
But these were rude and unconnected—simply a collection of isolated
enactments. The laws of the Twelve Tables stand next in point of
antiquity. They exhibited the first attempts at regular system, and
imbodied not only legislative enactments but legal principles.[424] So
popular were they, that when Cicero was a child every Roman boy
committed them to memory as our children learn their catechism,[425] and
the great orator laments that in the course of his lifetime this
practice had become obsolete. The explanation of these laws was a
privilege confined to the pontifical college. This body alone prescribed
the form of pleading, and published the days on which the courts were
held. Hence, not only the whole practice and exposition of the law was
in the hands of the patricians, but they had also the power of
obstructing at their pleasure all legal business. But in the censorship
of Appius Claudius, his secretary, Cn. Flavius, set up, at the
suggestion of Appius, a Calendar in the Forum, which made known to the
public the days on which legal business could be transacted. In vain the
patricians endeavoured to maintain their monopoly by the invention of
new formulæ, called Notes, for Tiberius Coruncanius, the first plebeian
Pontifex Maximus, who was consul A. U. C. 474, opened a public school of
jurisprudence, and in the middle of the next century[426] the “Notes”
were published by Sextus Ælius Catus.
The oral traditional expositions of these laws formed the groundwork of
the Roman civil law. To these were added from time to time the decrees
of the people (plebiscita,) the acts of the senate (senatus-consulta,)
and the prætorian edicts, which announced the principles on which each
successive prætor purposed to administer the statute law.
Such were the various elements out of which the whole body of Roman law
was composed; and in such early times was the subject diligently studied
and expounded that the latter half of the sixth century A. U. C. was
rich in jurists whose powers are celebrated in history. Besides S. Ælius
Catus, already mentioned, P. Licinius Crassus, surnamed “the rich,” who
was consul A. U. C. 549, is mentioned by Livy[427] as learned in the
pontifical law, the canon law of the ancient Romans. L. Acilius also
wrote commentaries on the laws of the Twelve Tables; and to these may be
added T. Manlius Torquatus, consul A. U. C. 589, S. Fabius Pictor, and
another member of the same distinguished family, Q. Fabius Labeo, Cato
the censor and his son Porcius Cato Licinianus, and lastly P. Cornelius
Nasica, whose services as a jurist were recognised by the grant of a
house at the public expense.
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