ounced to their
clients the days of business and repose; these important trifles were
interwoven with the religion of Numa; and after the publication of the
Twelve Tables, the Roman people was still enslaved by the ignorance of
judicial proceedings. The treachery of some plebeian officers at length
revealed the profitable mystery: in a more enlightened age, the
legal actions were derided and observed; and the same antiquity which
sanctified the practice, obliterated the use and meaning of this
primitive language.
A more liberal art was cultivated, however, by the sage of Rome, who, in
a stricter sense, may be considered as the authors of the civil law. The
alteration of the idiom and manners of the Romans rendered the style
of the Twelve Tables less 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 praetor, 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, and distinguished
from each other by the mode of instruction and the character of the
civilians. Pride and ignorance contributed, 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 honors 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 proceedin
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