History of the Decline and Fall of the Roman Empire — Volume 4Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 4
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
A more liberal art was cultivated, however, by the sage of Rome, who, in
a stricter sense, may be considered as the authors of the civil law. The
alteration of the idiom and manners of the Romans rendered the style
of the Twelve Tables less familiar to each rising generation, and the
doubtful passages were imperfectly explained by the study of legal
antiquarians. To define the ambiguities, to circumscribe the latitude,
to apply the principles, to extend the consequences, to reconcile the
real or apparent contradictions, was a much nobler and more important
task; and the province of legislation was silently invaded by the
expounders of ancient statutes. Their subtle interpretations concurred
with the equity of the prÊtor, to reform the tyranny of the darker ages:
however strange or intricate the means, it was the aim of artificial
jurisprudence to restore the simple dictates of nature and reason, and
the skill of private citizens was usefully employed to undermine the
public institutions of their country. The revolution of almost one
thousand years, from the Twelve Tables to the reign of Justinian, may be
divided into three periods, almost equal in duration, and distinguished
from each other by the mode of instruction and the character of the
civilians. Pride and ignorance contributed, during the first period, to
confine within narrow limits the science of the Roman law. On the public
days of market or assembly, 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 honors 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 the incidents of judicial proceeding, were the ordinary
subject of these consultations, and the verbal or written opinion of the
_juris-consults_ was framed according to the rules of prudence and law.
The youths of their own order and family were permitted to listen; their
children enjoyed the benefit of more private lessons, and the Mucian
race was long renowned for the hereditary knowledge of the civil law.
The second period, the learned and splendid age of jurisprudence, may be
extended from the birth of Cicero to the reign of Severus Alexander.
A system was formed, schools were instituted, books were composed, and
both the living and the dead became subservient to the instruction of
the student. The _tripartite_ of ∆lius PÊtus, surnamed Catus, or the
Cunning, was preserved as the oldest work of Jurisprudence. Cato the
censor derived some additional fame from his legal studies, and those
of his son: the kindred appellation of Mucius ScÊvola was illustrated by
three sages of the law; but the perfection of the science was ascribed
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