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 most eminent jurists who adorned the next century were the Scævolæ.
In their family the profession of the jurisconsult seems to have been
hereditary; of so many bearing that distinguished name, it might have
been said that their house was the oracle of the whole state; “Domus
jurisconsulti totius oraculum civitatis.”[428] Quintus, the augur, was
Cicero’s first instructor in the science of the law: his cousin Publius
enjoyed also a high reputation; and Quintus, the son of Publius, who
became Cicero’s tutor after the death of his elder kinsman, combined the
genius of an orator with the erudition of a jurist, and was called by
his distinguished pupil “the greatest orator among jurists, and the
greatest jurist among orators.” The compiler of the digest also quotes
as authorities M. Manilius and M. Junius Brutus.[429] Manilius is one of
the characters introduced in Cicero’s dialogue _de Republica_: he was
consul A. U. C. 604, and is said to have been the author of seven legal
treatises; but of all these, except three, Cicero denies the authority.
Brutus was the son of the ambassador of that name who was employed in
the war with Perseus, and left a treatise in three books on the civil
law.[430]
In the next century flourished one Ælius Gallus, who was somewhat senior
to Cicero, and was the author of a treatise on the signification of law
terms. Several of his definitions are given by Festus, and fragments are
preserved by A. Gellius,[431] and in the Digest. By some he has been
considered identical with Ælius Gallus, the prefect of Egypt in the
reign of Augustus,[432] who was the friend of the geographer Strabo; but
as there is little doubt that he is quoted by Varro,[433] such identity
is impossible, since Varro died B. C. 28, and yet he speaks of Gallus as
an aged man. Another distinguished jurist of this era was his namesake
C. Aquilius Gallus. He was a pupil of Q. Mucius Scævola, and surpassed
all his contemporaries in that black-letter knowledge of law, which in
olden time was more highly valued than in the more brilliant days of
Cicero. Learning then began to be ridiculed and lightly esteemed, and
oratorical powers were more admired in proportion as the Roman mind
became more alive to the refinements and beauties of language.
But Gallus was most eminent as a law reformer. The written law of Rome
presented by its technicality the greatest impediments to actions on the
unwritten principle of common right and equity. To obviate this he
invented legal fictions, _i. e._ formulæ by which the effects of the
statute could be annulled without the necessity of abrogating the
statute itself. His practice must have been large, for Pliny mentions
that he was the owner of a splendid palace on the Viminal Hill.[434] In
B. C. 67, he served the office of prætor together with Cicero, and both
before and after that he frequently sat as one of the judices. Cicero
pleaded before him in the defence both of Cæcina and Cluentius.
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