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Updated: June 21, 2025
Bracton, De Legibus et Consuetudinibus, i. 8, 5. Cf. Manegold, Ad Gebehardum, c. Cf. John of Salisbury, Policraticus, iii. 15, viii. 17, 18, 20. Cf. C. C. J. Webb's edition of John of Salisbury's Policraticus, introduction. Cf. Gratian, Decretum, D. iv. c. 3.
The decisive battle of Thapsus put an end to this uncertainty; and meanwhile Cicero had resumed work on his De Legibus, and had once more returned to the study of oratory in one of the most interesting of his writings, the Brutus de claris Oratoribus, in which he gives a vivid and masterly sketch of the history of Roman oratory down to his own time, filled with historical matter and admirable sketches of character.
He had already written much, but had written as one who had been anxious to fill up vacant spaces of time as they came in his way. From this time forth he wrote as does one who has reconciled himself to the fact that there are no more days to be lost if he intends, before the sun be set, to accomplish an appointed task. He had already compiled the De Oratore, the De Republica, and the De Legibus.
After his exile in 58 and 57 B.C. his political career, except for a brief period just before his death, was over, and it is at this time that his period of great literary activity begins, In 55 he produced the work De Oratore, in 54 the De Re Publica, and in 52 the De Legibus, all three works, according to ancient ideas, entitled to rank as philosophical.
In his treatise "De Legibus" he declared that men are born to justice; that right is established not by opinion but by nature; that all civil law is but the expression or application of this eternal law of nature; that the people or the prince may make laws but these have not the true character of law unless they be derived from the ultimate law; that the source and foundation of right law must be looked for in that supreme law which came into being ages before any state was formed.
Of this popular mode of filling the Senate he speaks afterward in his treatise De Legibus. "From those who have acted as magistrates the Senate is composed a measure altogether in the popular interest, as no one can now reach the highest rank" namely, the Senate "except by the votes of the people, all power of selecting having been taken away from the Censors."
He at last imagines himself qualified to enter the world, and has met with adventures in his first sally, which I shall, by your paper, communicate to the publick. I am, &c. No. 195. Nescit equo rudis Haerere ingenuus puer, Venarique timet doctior, Seu Graeco jubeas trocho, Seu malis vetita legibus alea. HOR. Lib. iii. Ode xxiv. 54.
The political philosophy of the De Republica is resumed in the De Legibus; the De Oratore is continued by the history of Roman oratory known as the Brutus.
The liberty of the press was incompatible with such maxims and such principles of government as then prevailed, and was therefore quite unknown in that age. Besides employing the two terrible courts of star chamber and high commission, whose powers were unlimited, Queen Elizabeth exerted her authority by restraints upon the press. * See Cicero de Legibus. 28th of Elizabeth.
He also found Cicero's two treatises De Legibus and De Finibus.
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