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OF THE ROMAN EMPIRE
455
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 prætor 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,[1] and distinguished from each other by the mode of instruction and the character of the civilians.[2] Pride and ignorance contributed, The first period. A.U.C. 303-648 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 honours 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
- ↑ [Another triple division is adopted by Accarias: (1) to Augustus, A.U.C;. 724; (2) to Constantine, A.D. 306; (3) to Justinian. But this is from a more general point of view than the "succession of the lawyers".]
- ↑ The series of the civil lawyers is deduced by Pomponius (de Origine Juris Pandect. l. i. tit. ii.). The moderns have discussed, with learning and criticism, this branch of literary history; and among these I have chiefly been guided by Gravina (p. 41-79) and Heineccius (Hist. J. R. No. 113-351). Cicero, more especially in his books de Oratore, de Claris Oratoribus, de Legibus, and the Clavis Ciceroniana of Ernesti (under the names of Mucius, &c. ) afford much genuine and pleasing information. Horace often alludes to the morning labours of the civilians (Serm. I. i. 10. Epist. II. i. 103, &c.).
Agricolam laudat juris legumque peritus
Sub galli cantum, consultor ubi ostia pulsat.........Romæ dulce diu fuit et solemne reclusâ
Mane domo vigilare, clienti promere jura.
