Latin Literature by J. W. (John William) Mackail
page 30 of 298 (10%)
page 30 of 298 (10%)
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censorial rank, published a systematic treatise called _Tripertita_,
which was long afterwards held in reverence as containing the _cunabula iuris_, the cradle out of which the vast systems of later ages sprang. Fifty years later, in the circle of the younger Scipio, begins the illustrious line of the Mucii Scaevolae. Three members of this family, each a distinguished jurist, rose to the consulate in the stormy half-century between the Gracchi and Sulla. The last and greatest of the three represented the ideal Roman more nearly than any other citizen of his time. The most eloquent of jurists and the most learned of orators, he was at the same time a brilliant administrator and a paragon of public and private virtue; and his murder at the altar of Vesta, in the Marian proscription, was universally thought the most dreadful event Of an age of horrors. His voluminous and exhaustive treatise on Civil Law remained a text-book for centuries, and was a foundation for the Writings of all later Roman jurists. The combination of jurisconsult and orator in the younger Scaevola was somewhat rare; from an early period the two professions of jurist and pleader were sharply distinguished, though both were pathways to the highest civic offices. Neither his father nor his cousin (the other two of the triad) was distinguished in oratory; nor were the two great contemporaries of the former, who both published standard works on civil law, Manius Manilius and Marcus Junius Brutus. The highest field for oratory was, of course, in the political, and not in the purely legal, sphere; and the unique Roman constitution, an oligarchy chosen almost wholly by popular suffrage, made the practice of oratory more or less of a necessity to every politician. Well-established tradition ascribed to the greatest statesman of the earlier Republic, Appius Claudius Caecus, the first institution of written oratory. His famous speech in the senate against peace with Pyrrhus was cherished in Cicero's time as one of the |
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