295 



SCAEVOLA. 



SCALA, BELLA. 



predecessor in a clear and luminous point of view by judicious 

 arrangement, his works contain " several accurate, original, and pro- 

 found discussions ' (llicardo), among which may be mentioned his 

 exposition of the nature and causes of gluts. 



The works of Say are: 1, ' Traite d'Ecouomie Politique,' published 

 in 1802; 5th ed., 1826. 2, 'Catechiame d'Economie Politique,' 1815; 

 5th ed., 1826. 3, 'Lettres a Malthus sur diffe'rents Snjets d'Economie 

 Polibiques,' 1820. 4, ' Cours Complet d'Economie Politique Pratique,' 

 6 vols. 1 829. This in effect is the ' Traite ' more amply and familiarly 

 illustrated. The first and second works in the above list have been 

 translated into English. Say is the author of some smaller works, one 

 of which is entitled 'De 1'Angleterre et des Anglais.' 



SCA'EVOLA. There were many distinguished persons who bore 

 this name. 



QUINTUS Mucius SC^EVOLA was praetor in the year B c. 215, and in 

 the following year had the government of Sardinia. He may be the 

 Quintus Mucius, a jurist, mentioned by Pomponius (' Dig.,' i. tit. 2, 

 s. 37), if Mucius is the right reading there. 



PUBLIUS MUCJIUS SC^VOLA, one of a family of jurists, was tribunus 

 plebis B.C. 141, praetor B.C. 136, consul in the year B.C. 133, and in the 

 year B.C. 131 he was Pontifex Maximus. Up to his time, says Cicero 

 ('De Or.,' ii. 12), the events of every year were registered by the 

 Pontifex Maximus, and such registers were the Annales Maximi. This 

 Scaevola was a distinguished jurist, and also had the reputation of 

 being an able orator and an honest man. Cicero speaks of his juristical 

 writings, and Pomponius attributes ten works to him. Scaevola is 

 cited in the ' Digest ' several times. He was consul during the dis- 

 turbances in which Tiberius Gracchus perished, and his conduct was 

 marked by moderation. 



QUINTUS Muoius SCJEVOLA, commonly called the Augur, was consul 

 with L. Csecilius Metellus in the year B.C. 117. He is said to have 

 been the son of P. Mucius Scsevola, or Q. M. Scsevola, as he is some- 

 times called, who was consul B.C. 175, and grandson of Q. M. Scaevola 

 who was prsetor in the year B.C. 215. He was less distinguished as 

 an orator than for his knowledge of the Roman law (Jus Civile). He 

 was Cicero's master, but he was then an old man, and after his death 

 Cicero attached himself to Quintus Mucius Scsevola, the pontifex. It 

 is not known that he left any writings behind him, and accordingly 

 he is- not mentioned by Pomponius (' De Origine Juris,' 'Dig.,'.i., 

 tit. 2). He was the son-in-law of C. Lselius, and the father-in-law of 

 the orator L. Crassus, and is one of the interlocutors in Cicero's 

 treatise ' De Oratore ' (lib. i.), of the treatise ' De Amicitia,' and in 

 the treatise ' De Republica.' 



QUINTUS Mucius SCJEVOLA, commonly called the Pontifex, to dis- 

 tinguish him from Q. M. Scaevola the Augur, was the son of Publius. 

 He was the colleague of L. Crassus as tribunus plebis in the year 

 B.C. 106, the year of Cicero's birth, aedile in B.C. 104, and consul in 

 B.C. 95. As proconsul of the province of Asia, he distinguished himself 

 by the wisdom and justice of his administration; and the Greeks com- 

 memorated his happy government by establishing a festival called 

 Dies Mucia. He subsequently attained the dignity of Pontifex 

 Maximus. He was a man of strict integrity and great ability ; a dis- 

 tinguished orator, and still more eminent as a jurist. (Cic., 'De Or.,' 

 i. 39.) After the death of the Augur, Cicero had the advantage of 

 the society of the Pontifex, who formed many distinguished pupils, 

 though he did not profess specially to give instruction in the law. 

 C. Aquilius Gallus, one of the masters of Servius Sulpicius, was a 

 pupil of this Scsevola. He perished in the consulship of the younger 

 Marius, B.C. 82, being among those who were proscribed by him. The 

 Pontifex was murdered in the temple of Vesta, where he had taken 

 refuge, and the altar of the goddess was stained with his blood. 

 (Flor., iii. 21 ; Cic., ' De Or.,' iii. 3.) 



This Scaevola was the first Roman who attempted to systematise 

 the Jus Civile, which he did in a work in eighteen books. This work 

 is mentioned by Gellius (vii. 15). It is also cited in the 'Digest,' 

 where the name of Mucius is often mentioned; but there are no 

 extracts from it. The Muciana Cautio took its name from him. 

 ('Dig.,' xxxv., tit. 1, s. 72, &c.) He also wrote a book of Definitions 

 (opoi), probably the first of the kind ; and this is the oldest work from 

 which any extracts with the author's name at the head were received 

 into the 'Digest' (xli., tit. 1, s. 64 ; xliii., tit. 20, s. 8, &c.). The work 

 on the Jus Civile was commented on by several subsequent jurists. 

 Gaius (i. 188) speaks of certain books which he composed ' ex Quinto 

 Mucio.' 



SC^E'VOLA, QU. CERVFDIUS, a Roman jurist, probably gave 

 responsa in the time of Antoninus Pius (Dig. 34, tit. 1, s. 13) ; but he 

 waa certainly employed by Marcus Antoninus as a legal adviser 

 (J. Capitolinus, ' Marcus,' 11 ; Dig. 36, tit. i, s. 22) ; and in his 

 writings he speaks of the constitutions of Marcus and Verus,, in terms 

 which imply that they were then alive. Septimius Severus, after- 

 wards emperor, and Papinian, were pupils of Cervidius, who probably 

 died in the reign of Severus (Spartianus, ' Caracalla,' 8). His responsa 

 were often very brief, expressed in a single word. (Dig. 17, tit. 1, 

 8. 62) ; but the facts on which the opinion is given are clearly stated. 

 His style has been blamed as obscure ; but there is evidence of his 

 great capacity, and he left a name behind him. 



There are excerpts in the Digest of Juatinian from his forty books 

 of Digesta, six books of Responsa, twenty Libri Qurestionum, four 



Libri Regularum, and one book Quaestiouum publice tractaruna, 

 probably a book of decided cases. The Florentine Index also mentions 

 a single book 'De Quosstione Familia?,' but there is no excerpt from it 

 in the Digest. There are 307 excerpts from the writings of Scaovola in 

 the Digest. 



Many of the Responsa of Scaevola appear twice, both in the Responsa 

 and the Digesta. Conradi, followed by Blume, supposes that the 

 Digesta contained a fuller statement of the matters which are briefly 

 indicated in the Responsa, and were a kind of commentary to the 

 Digesta. Puchta eays that the passages in the Digesta do not show 

 this ; and that this relation is rather that of the Qusestiones to the 

 Responsa : " the Qusestiones were devoted to the complete examination 

 and justification of the opinions." 



Claudius Tryphoninus and Paulus commented on Scacvola ; and he 

 is often cited by Marcianus, Tryphoninus, Ulpian, Paulus, and Modes- 

 tinus. Scaevola commented on Julian and Ulpius Marcellus. 



(Grotius, Vitce Jwrixconsultorum ; Puchta, Cu/rsus, <fcc., i. 453; 

 Zimmern, Qeschichte des Rom. Privatrechts, p. 361.) 



SCALA, DELLA, or SCALI'GERI, the name of a family of Verona, 

 which acquired sovereign power over its native city in the 13th century, 

 and afterwards extended its dominion over the neighbouring towns and 

 territories. Like the Delia Torre and the Visconti of Milan, the Delia 

 Scala belonged to the order of the nobility. They became party leaders 

 during the factions which agitated the Italian cities in the middle age?, 

 and their party having proved successful, they obtained the dignity 

 of Podesta, or supreme magistracy, first for a term of years, afterwards 

 during the life of the holder, and lastly as an office hereditary in their 

 family, being confirmed in it by the sanction of the German emperors, 

 who, in their quality of kings of Italy, although they had no direct 

 dominion over any part of the country, appointed as their imperial 

 vicars those chiefs who had most influence over their countrymen. 



After the death of Eccelino da Romano, tyrant of Padua, Verona, 

 and Vicenza, and the great Ghibeline leader in Northern Italy, the 

 people of Verona elected for their podesta Mastino della Scala, about 

 the year 1260. Mastino belonged to the Ghibeline party, which pre- 

 dominated at Verona. After having held office for five years, during 

 which by his conduct he won the public approbation, Mastino was 

 made by acclamation perpetual captain of the city. Being murdered 

 by some private enemies in 1273, the citizens elected for his successor 

 his son Albert, who was afterwards proclaimed lord of Vicenza, Feltre, 

 and Belluno, by the citizens of those towns. 



Albert died in 1297, and was succeeded by his eldest son Barto- 

 lommeo, who, dying three years after, was succeeded by his brother 

 Alboino, a man of a peaceful temper, who, not thinking himself fit to 

 rule alone in those turbulent timee, took his younger brother, Can 

 Francesco, a brave aspiring soldier, for his colleague, and some years 

 later resigned to him the undivided sovereignty. Can Francesco della 

 Scala, called the 'Great' by his contemporaries, was the most illustrious 

 of his family. He was appointed captain of the league made by Verona, 

 Mantua, Brescia, and other towns against the Marquis of Este, lord of 

 Ferrara, who, being supported by the Anjous of Naples, aspired to 

 extend his dominion over Lombardy. Can Francesco defeated him, 

 and obliged him to withdraw to Ferrara. When Henry of Luxembourg, 

 king of the Germans, came to Italy to be crowned emperor in 1311, 

 Can Francesco joined him with a body of troops, and assisted him ia 

 subduing Brescia and other towns, which would not acknowledge the 

 imperial authority, and he was rewarded by Henry appointing him his 

 imperial vicar at Verona. Can Francesco, or Can Grande, as he was 

 henceforth styled, became the acknowledged head of the Ghibelino 

 party in Lombardy, like his contemporary Castruccio Castracani iu 

 Tuscany. The dominion of Can Grande extended over Verona, Vicenza, 

 Feltre, Belluno, Este, Monselice, Cremona, and lastly, after a war which 

 lasted several years, also over Padua in short, over almost the whole 

 extent of country which has been since called the Venetian territory, 

 Venice at that time having but a strip of ground on the mainland 

 bordering on the lagoons. The last acquisition of Can Grande was 

 that of Treviso, which he obliged to open its gates to him in July 

 1329. He made his triumphal entrance into Treviso, but was a few 

 days after seized by a violent fever, and died in the height of his success, 

 at the age of thirty-nine, having been ruler of Verona for about nineteen 

 years. Castruccio had died the year before, and thus the Ghibelines 

 of Italy lost, nearly about the same time, their two most distinguished 

 leaders. 



Can Francesco della Scala acquired celebrity not only by his success 

 as a warrior and a statesman, but by the encouragement which he 

 gave to literature and the arts. His court, which was very splendid, 

 was attended by poets, painters, and sculptors. Dante in his exile 

 found for a time an asylum at the court of Della Scala, and he 

 immortalised Can Francesco in his verse. Boccaccio also wrote of him 

 as one of the most illustrious chiefs that Italy ever had, not only on 

 account of his bravery in the field, but also for his abilities in council. 

 He raised the fortress of Peschiera, on the shore of the Lake of Garda, 

 as a defence on the side of Mantua and Milan. 



Can Francesco was succeeded by his two nephews, Alberto and 

 Mattino, who acted a conspicuous part in the wars of the Italian 

 factions iu the 14th century, fighting against the Visconti and the 

 Venetians. Their descendants continued to rule till the year 1387, 

 when Qiaa Galeazzo Visconti, duke of Milan, took possession of Verona, 



