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Several positions which we find in the remains of the Roman jurisconsults are scarcely intelligible, unless we use the Stoic tenets as our key; but at the same time it is a serious, though a very common, error to measure the influence of Stoicism on Roman law by counting up the number of legal rules which can be confidently affiliated on Stoical dogmas.
Men who had gone to bed in a high state of indignation were not likely to wake in much better humour, when suddenly aroused in their first nap, to listen to such a message as this. It seemed only one piece of trifling the more. The deputies had offered satisfactory opinions of divines and jurisconsults, as to the two points specified which concerned the Ghent treaty.
In the earliest times men sought distinction on the fields of battle, but in the latter days of the republic honor was conferred for forensic ability. The first pleaders of Rome were not jurisconsults, but aristocratic patrons looked after their clients.
Moreover, a great deal of superfluous money and learning was expended in ordering some elaborate legal arguments to be prepared by venal jurisconsults, proving not only that the uncle ought to succeed before the nephew, but that neither the one nor the other had any claim to succeed at all.
The Roman jurisconsults, in order to account for the improvement of their jurisprudence by the Prætor, borrowed from Greece the doctrine of a Natural state of man a Natural society anterior to the organisation of commonwealths governed by positive laws.
There was also a numerous embassy from his Imperial Majesty, with Count Otto de Schwartzenburg at its head. Here then were holiness, serenity, dignity, law, and learning in abundance. Here was a pope 'in posse', with archbishops, princes, dukes, jurisconsults, and doctors of divinity 'in esse', sufficient to remodel a world, if worlds were to be remodelled by such instruments.
I see him in his library reading, one after the other, ancients, moderns, philosophers, theologians, jurisconsults, historians, travellers, poets, and reading with no other end than with that of catching at all words and phrases which can be forced from far or near into some kind of relation with his subject.
He was required not merely to investigate facts, but to give sentence; and as law questions were more or less mixed up with the case, he was allowed to consult one or more jurisconsults. If the case was beyond his power to decide, he could decline to give judgment. The arbiter, like the judex, received a formula from the praetor, and seemed to have more extensive power.
All jurisconsults agreed in it, as well as the constitutions of the Emperors, and more especially those of Constantine and Theodosius, who, enlightened by the Gospel, not only renewed the same punishment, but also deprived, expressly, all persons found guilty of witchcraft of the right of appeal, and declared them to be unworthy of a prince's mercy.
As a young man he diligently attended the chambers of renowned jurisconsults, especially those of the elder and younger Scævola, Crassus, and Antonius, and soon found that his calling in life was oratory.
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