[b] The Digest enumerates a multitude of rules concerning _exceptions_
to persons, things, the form of the action, the niceties of pleading,
and, as the phrase is, motions in arrest of judgement.
to persons, things, the form of the action, the niceties of pleading,
and, as the phrase is, motions in arrest of judgement.
Tacitus
iii.
chap.
1), was the
preceptor of Augustus. He taught in opposition to Theodorus Gadareus,
who read lectures at Rhodes, and was attended by Tiberius during his
retreat in that island. The two contending masters were the founders
of opposite sects, called the _Apollodorean_ and _Theodorian_. But
true eloquence, which knows no laws but those of nature and good
sense, gained nothing by party divisions. Literature was distracted by
new doctrines; rhetoric became a trick in the hands of sophists, and
all sound oratory disappeared. Hermagoras, Quintilian says, in the
chapter already cited, was the disciple of Theodorus.
Section XX.
[a] Doctor Middleton says, "Of the seven excellent orations, which now
remain on the subject of VERRES, the first two only were spoken; the
one called, _The Divination_; the other, _The first Action_, which is
nothing more than a general preface to the whole cause. The other five
were published afterwards, as they were prepared and intended to be
spoken, if Verres had made a regular defence: for as this was the only
cause in which Cicero had yet been engaged, or ever designed to be
engaged, as _an accuser_, so he was willing to leave those orations as
a specimen of his abilities in that way, and the _pattern of a just
and diligent impeachment of a great and corrupt magistrate. " Life of
Cicero_, vol. i. p. 86, 4to edit.
[b] The Digest enumerates a multitude of rules concerning _exceptions_
to persons, things, the form of the action, the niceties of pleading,
and, as the phrase is, motions in arrest of judgement. _Formula_, was
the set of words necessary to be used in the pleadings. See the
_Digest_, lib. xliv. tit. 1. _De Exceptionibus, Præscriptionibus, et
Præjudiciis_. See also Cujacius, _observat. _ xxiii.
[c] The oration for Marcus Tullius is highly praised by Macrobius, but
is not to be found in Cicero's works. The oration for Aulus Cæcina is
still extant. The cause was about the right of succession to a private
estate, which depended on a subtle point of law, arising from the
interpretation of the prætor's interdict. It shews Cicero's exact
knowledge and skill in the civil law, and that his public character
and employment gave no interruption to his usual diligence in pleading
causes. Middleton's _Life of Cicero_, vol. i. p.
preceptor of Augustus. He taught in opposition to Theodorus Gadareus,
who read lectures at Rhodes, and was attended by Tiberius during his
retreat in that island. The two contending masters were the founders
of opposite sects, called the _Apollodorean_ and _Theodorian_. But
true eloquence, which knows no laws but those of nature and good
sense, gained nothing by party divisions. Literature was distracted by
new doctrines; rhetoric became a trick in the hands of sophists, and
all sound oratory disappeared. Hermagoras, Quintilian says, in the
chapter already cited, was the disciple of Theodorus.
Section XX.
[a] Doctor Middleton says, "Of the seven excellent orations, which now
remain on the subject of VERRES, the first two only were spoken; the
one called, _The Divination_; the other, _The first Action_, which is
nothing more than a general preface to the whole cause. The other five
were published afterwards, as they were prepared and intended to be
spoken, if Verres had made a regular defence: for as this was the only
cause in which Cicero had yet been engaged, or ever designed to be
engaged, as _an accuser_, so he was willing to leave those orations as
a specimen of his abilities in that way, and the _pattern of a just
and diligent impeachment of a great and corrupt magistrate. " Life of
Cicero_, vol. i. p. 86, 4to edit.
[b] The Digest enumerates a multitude of rules concerning _exceptions_
to persons, things, the form of the action, the niceties of pleading,
and, as the phrase is, motions in arrest of judgement. _Formula_, was
the set of words necessary to be used in the pleadings. See the
_Digest_, lib. xliv. tit. 1. _De Exceptionibus, Præscriptionibus, et
Præjudiciis_. See also Cujacius, _observat. _ xxiii.
[c] The oration for Marcus Tullius is highly praised by Macrobius, but
is not to be found in Cicero's works. The oration for Aulus Cæcina is
still extant. The cause was about the right of succession to a private
estate, which depended on a subtle point of law, arising from the
interpretation of the prætor's interdict. It shews Cicero's exact
knowledge and skill in the civil law, and that his public character
and employment gave no interruption to his usual diligence in pleading
causes. Middleton's _Life of Cicero_, vol. i. p.
