History of Roman Literature from its Earliest Period to the Augustan Age. Vol. IIDunlop, John Colin
History
History of Roman Literature from its Earliest Period to the Augustan Age. Vol. II
Dunlop, John Colin
Latin literature -- History and criticism
The patricians, being deprived by the Twelve Tables of the privilege of
arbitrarily pronouncing decisions, as best suited their interests; and
being frustrated in their miserable attempts to maintain an undue
advantage in matters of form, by secreting the rules of procedure held in
courts of justice, they had now reserved to them only the power of
interpreting to others the scope and spirit of the laws. Till the age, at
least, of Augustus, the civil law was completely unconnected and
dissipated; and no systematic, accessible, or authoritative treatise on
the subject, appeared during the existence of the republic(299). The laws
of the Twelve Tables were extremely concise and elliptical; and it seems
highly probable that they were written in this style, not for the sake of
perspicuity, but to leave all that required to be supplied or interpreted
in the power of the Patricians(300). The changes, too, in the customs and
language of the Romans, rendered the style of the Twelve Tables less
familiar to each succeeding generation; and the ambiguous passages were
but imperfectly explained by the study of legal antiquarians. It was the
custom, likewise, for each successive Prætor to publish an edict,
announcing the manner in which justice was to be distributed by him—the
rules which he proposed to follow in the decision of doubtful cases; and
the degree of relief which his equity would afford from the precise rigour
of ancient statutes. This annual alteration in forms, and sometimes even
in the principles of law, introduced a confusion, which persons engrossed
with other occupations could not unravel. The obscurity of old laws, and
fluctuating jurisdiction of the Prætors, gave rise to that class of men
called Jurisconsults, whose business it was to explain legal difficulties,
and reconcile statutory contradictions. It was the relation of patron and
client, which was coeval almost with the city itself, and was invested
with a sacred, inviolable character, that gave weight to the _dicta_ of
those who, in some measure, came in place of the ancient patrons, and
usually belonged to the patrician order.—“On the public days of market or
assembly,” says Gibbon, “the masters of the art were seen walking in the
Forum, ready to impart the needful advice to the meanest of their
fellow-citizens, from whose votes, on a future occasion, they might
solicit a grateful return. As their years and honours increased, they
seated themselves at home on a chair or throne, to expect with patient
gravity the visits of their clients, who, at the dawn of day, from the
town and country, began to thunder at their door. The duties of social
life, and incidents of judicial proceedings, were the ordinary subject of
these consultations; and the verbal or written opinions of the
jurisconsults were framed according to the rules of prudence and law. The
youths of their own order and family were permitted to listen; their
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