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
children enjoyed the benefit of more private lessons; and the Mucian race
was long renowned for the hereditary knowledge of the civil law(301).”
Though the judges and prætors were not absolutely obliged, till the time
of the emperors, to follow the recorded opinions of the Jurisconsults,
they possessed during the existence of the republic a preponderating
weight and authority. The province of legislation was thus gradually
invaded by these expounders of ancient statutes, till at length their
recorded opinions, the _Responsa Prudentum_, became so numerous, and of
such authority, that they formed the greatest part of the system of Roman
jurisprudence, whence they were styled by Cicero, in his oration for
Cæcina, _Jus Civile_.
It is perfectly evident, however, that the civil law was neither much
studied nor known by the _orators_ of the Senate, and Forum. Cicero, in
his treatise _De Oratore_, informs us, that Ser. Galba, the first speaker
of his day, was ignorant of law, inexperienced in civil rights, and
uncertain as to the institutions of his ancestors. In his _Brutus_ he says
nearly the same thing of Antony and Sulpicius, who were the two greatest
orators of their age, and who, he declares, knew nothing of public,
private, or civil law. Antony in particular, always expressed a contempt
for the study of the civil law(302). Accordingly, in the dialogue _De
Oratore_, he is made to say, “I never studied the civil law, nor have I
been sensible of any loss from my ignorance of it in those causes which I
was capable of managing in our courts(303).” In the same dialogue, Scævola
says, “The present age is totally ignorant of the laws of the Twelve
Tables, except you, Crassus, who, led by curiosity, rather than from its
being any province annexed to eloquence, studied civil law under me.” In
his oration for Muræna, Cicero talks lightly of the study of the civil
law, and treats his opponent with scorn on account of his knowledge of its
words of style and forms of procedure(304). With exception, then, of
Crassus, and of Scævola, who was rather a jurisconsult than a speaker, the
orators of the age of Cicero, as well as those who preceded it, were
uninstructed in law, and considered it as no part of their duty to render
themselves masters, either of the general principles of jurisprudence, or
the municipal institutions of the state. Crassus, indeed, expresses his
opinion, that it is impossible for an orator to do justice to his client
without some knowledge of law, particularly in questions tried before the
Centumviri, who had cognizance of points with regard to egress and regress
in property, the interests of minors, and alterations in the course of
rivers; and he mentions several cases, some of a criminal nature, which
had lately occurred at Rome, where the question hinged entirely on the
civil law, and required constant reference to precedents and authorities.
Antony, however, explains how all this may be managed. A speaker, for
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account