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
Having, in the first discourse, laid open the origin of laws, and source
of obligations, he proceeds, in the remaining books, to set forth a body
of laws conformable to his own plan and ideas of a well-ordered
state;—announcing, in the first place, those which relate to religion and
the worship of the gods; secondly, such as prescribe the duties and powers
of magistrates. These laws are, for the most part, taken from the ancient
government and customs of Rome, with some little modification calculated
to obviate or heal the disorders to which the republic was liable, and to
give its constitution a stronger bias in favour of the aristocratic
faction. The species of instruction communicated in these two books, has
very little reference to the sublime and general principles with which the
author set out. Many of his laws are arbitrary municipal regulations. The
number of the magistrates, the period of the duration of their offices,
with the suffrages and elections in the Comitia, were certainly not
founded in the immutable laws of God or nature; and the discussion
concerning them has led to the belief, that the second and third books
merely comprehended a collection of facts, from which general principles
were to be subsequently deduced.
At the end of the third book it is mentioned, that the executive power of
the magistracy, and rights of the Roman citizens, still remain to be
discussed. In what number of books this plan was accomplished, is
uncertain. Macrobius, as we have seen, quotes the fifth book(413); and
Goerenz thinks it probable there were six,—the fourth being on the
executive power, the fifth on public, and the sixth on private rights.
What authors Cicero chiefly followed and imitated in his work _De
Legibus_, has been a celebrated controversy since the time of Turnebus. It
seems now to be pretty well settled, that, in substance and principles, he
followed the Stoics; but that he imitated Plato in the style and dress in
which he arrayed his sentiments and opinions. That philosopher, as is well
known, after writing on government in general, drew up a body of laws
adapted to that particular form of it which he had delineated. In like
manner, Cicero chose to deliver his sentiments, not by translating Plato,
but by imitating his manner in the explication of them, and adapting
everything to the constitution of his own country. The Stoic whom he
principally followed, was probably Chrysippus, who wrote a book Περι
Νομου(414), some passages of which are still extant, and exhibit the
outlines of the system adopted in the first book _De Legibus_. What of
general discussion appears in the third book is taken from Theophrastus,
Dio, and Panætius the Stoic.
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