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The History of Rome. Book IIIThe activity of the jurists of this period was still mainly devoted to the answering of parties consulting them and to the instruction of younger listeners; but this oral instruction contributed to form a traditional groundwork of rules, and literary activity was not wholly wanting. A work of greater importance for jurisprudence than the short sketch of Cato was the treatise published by Sextus Aelius Paetus, surnamed the "subtle" (catus), who was the first practical jurist of his time, and, in consequence of his exertions for the public benefit in this respect, rose to the consulship (556) and to the censorship (560). His treatise - the "Tripartita" as it was called - was a work on the Twelve Tables, which appended to each sentence of the text an explanation - chiefly, doubtless, of the antiquated and unintelligible expressions - and the corresponding formula of action. While this process of glossing undeniably indicated the influence of Greek grammatical studies, the portion treating of the formulae of action, on the contrary, was based on the older collection of Appius[69] and on the whole system of procedure developed by national usage and precedent ...» |
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