The History of Roman Literature: From the Earliest Period to the Death of Marcus AureliusCruttwell, Charles Thomas
Philosophy
The History of Roman Literature: From the Earliest Period to the Death of Marcus Aurelius
Cruttwell, Charles Thomas
Latin literature -- History and criticism
The great importance of Religious Law must not be forgotten in estimating
the acquirements of these men. Though to us the _Jus Augurale_ and _Jus
Pontificium_ are of small interest compared with the _Jus Civile_; yet to
the Romans of 120 B.C., and especially to an old and strictly aristocratic
family, they had all the attraction of exclusiveness and immemorial
authority. In all countries religious law exercises at first a sway far in
excess of its proper province, and Rome was no exception to the rule. The
publication of civil law is an era in civilization. Just as the
chancellorship and primacy of England were often in the hands of one
person and that an ecclesiastic, so in Rome the pontifices had at first
the making of almost all law. What a canonist was to Mediaeval Europe, a
pontifex was to senatorial Rome. In the time of which we are now speaking
(133-63 B.C.), the secular law had fully asserted its supremacy on its own
ground, and it was the dignity and influence, not the power of the post,
that made the pontificate so great an object of ambition, and so
inaccessible to upstart candidates. Even for Cicero to obtain a seat in
the college of augurs was no easy task, although he had already won his
way to the consulship and been hailed as the saviour of his country.
The younger Scaevola (Q. MUCIUS SCAEVOLA), who had been his father's
pupil, [3] and was the most eloquent of the three, was born about 135
B.C., was consul 95 with Licinius Crassus for his colleague, and
afterwards Pontifex Maximus. He was an accomplished Greek scholar, a man
of commanding eloquence, deeply versed in the Stoic philosophy, and of the
highest nobility of character. As Long well says, "He is one of those
illustrious men whose fame is not preserved by his writings, but in the
more enduring monument of the memory of all nations to whom the language
of Rome is known." His chief work, which was long extant, and is highly
praised by Cicero, was a digest of the civil law. Rudorff says of it, [4]
"For the first time we meet here with a comprehensive, uniform, and
methodical system, in the place of the old interpretation of laws and
casuistry, of legal opinions and prejudices." Immediately on its
publication it acquired great authority, and was commented upon within a
few years of the death of its author. It is quoted in the Digest, and is
the earliest work to which reference is there made. [5] He was especially
clear in definitions and distinctions, [6] and the grace with which he
invested a dry subject made him deservedly popular. Though so profound a
lawyer, he was quite free from the offensive stamp of the mere
professional man. His urbanity, unstained integrity, and high position,
fitted him to exercise a widespread influence. He had among his hearers
Cicero, as we have already seen, and among jurists proper, Aquillius
Gallus, Balbus Lucilius, and others, who all attained to eminence. His
virtue was such that his name became proverbial for probity as for legal
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