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
_De Legibus_.—Of this dialogue there are only three books now extant, and
even in these considerable chasms occur. A conjecture has been recently
hazarded by a learned German, in an introduction to a translation of the
dialogue, that these three books, as we now have them, were not written by
Cicero, but that they are mere excerpts taken from his lost writings, by
some monk or father of the church(394). There are few works, however, in
which more genuine marks of the master-hand of Cicero may be traced, than
in the tract _De Legibus_; and the connection between the different parts
is too closely preserved, to admit of the notion that it has been made up
in the manner which this critic supposes. Another conjecture is, that it
formed part of the third, fourth, and fifth books of Cicero’s lost
treatise _De Republica_. This surmise, however, was highly improbable,
since Cicero, in the course of the work _De Legibus_, refers to that _De
Republica_ as a separate production, and it is now proved to be chimerical
by the discovery of Mai. The dialogue _De Legibus_, however, seems to have
been drawn up as a kind of supplement to that _De Republica_, being
intended to point out what laws would be most suitable to the perfect
republic, which the author had previously described(395).
As to the period of composition, it thus manifestly appears to have been
written subsequently to the dialogue _De Republica_; and it is evident,
from his letters to his brother Quintus, that the work _De Republica_ was
begun in 699, and finished in 700(396), so that the dialogue _De Legibus_
could not have been composed before that year. It is further clear, that
it was written after the year 701, since he obviously alludes in it to the
murder of Clodius,—boasting that his chief enemy was now not only deprived
of life, but wanted sepulture, and the accustomed funeral obsequies(397).
Now, it is well known that Clodius was slain in 701, and that his dead
body was dragged naked by a lawless mob into the Forum, where it was
consumed amid the conflagration raised in the Senate-house. It is equally
evident that the treatise _De Legibus_ was written before that _De
Finibus_, composed in 708, since, in the former work, the author alludes
to the questions which we find discussed in the latter, as controversies
which he is one day to take up(398). But it is demonstrable that the
dialogue _De Legibus_ was written even previous to the battle of
Pharsalia, which was fought in 705, since the author talks in it of Pompey
as of a person still alive, and in the plenitude of glory(399). Chapman,
in his dissertation _De Ætate Librorum de Legibus_, subjoined to
Tunstall’s Latin letter to Middleton, concerning the epistles to Brutus,
thinks that it was not written till the year 709. He is of opinion, that
what is said of Pompey, and the allusions to the murder of Clodius, as to
a recent event, were only intended to suit the time in which the dialogue
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