the concerns of every-day life are the first to press for inclusion
within general rules and comprehensive formulas. The popularity of the
pursuit on which all the energies of the young commonwealth are bent
is at the outset unbounded; but it ceases in time. The monopoly of
mind by law is broken down. The crowd at the morning audience of the
great Roman jurisconsult lessens. The students are counted by hundreds
instead of thousands in the English Inns of Court. Art, Literature,
Science, and Politics, claim their share of the national intellect;
and the practice of jurisprudence is confined within the circle of a
profession, never indeed limited or insignificant, but attracted as
much by the rewards as by the intrinsic recommendations of their
science. This succession of changes exhibited itself even more
strikingly at Rome than in England. To the close of the Republic the
law was the sole field for all ability except the special talent of a
capacity for generalship. But a new stage of intellectual progress
began with the Augustan age, as it did with our own Elizabethan era.
We all know what were its achievements in poetry and prose; but there
are some indications, it should be remarked, that, besides its
efflorescence in ornamental literature, it was on the eve of throwing
out new aptitudes for conquest in physical science. Here, however, is
the point at which the history of mind in the Roman State ceases to
be parallel to the routes which mental progress had since then
pursued. The brief span of Roman literature, strictly so called, was
suddenly closed under a variety of influences, which though they may
partially be traced it would be improper in this place to analyse.
Ancient intellect was forcibly thrust back into its old courses, and
law again became no less exclusively the proper sphere for talent than
it had been in the days when the Romans despised philosophy and poetry
as the toys of a childish race. Of what nature were the external
inducements which, during the Imperial period, tended to draw a man of
inherent capacity to the pursuits of the jurisconsult may best be
understood by considering the option which was practically before him
in his choice of a profession. He might become a teacher of rhetoric,
a commander of frontier-posts, or a professional writer of panegyrics.
The only other walk of active life which was open to him was the
practice of the law. Through _that_ lay the approach to wealth, to
fame, to office, to the council-chamber of the monarch--it may be to
the very throne itself."
Public-domain text, read in full here on John Shaqi.
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